By: Manuel H.B. No. 4741
A BILL TO BE ENTITLED
AN ACT
relating to the employment of apprentices on certain public works
projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2252, Government Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. EMPLOYMENT OF APPRENTICES ON PUBLIC WORKS PROJECTS
Sec. 2252.301. DEFINITIONS. In this subchapter:
(1) "Contractor" means a person, firm, or corporation
contracting with a governmental entity for a public works project.
(2) "Governmental entity" means:
(A) the state, a county, or a municipality;
(B) a department, board, or agency of the state,
a county, or a municipality;
(C) a school district or a subdivision of a
school district; or
(D) any other governmental or quasi-governmental
authority authorized by statute to enter into a public works
contract.
(3) "Office" means the office or program of the Texas
Workforce Commission responsible for apprenticeship issues.
(4) "Public works project" includes the construction,
alteration, or repair of a public building or the construction or
completion of a public work.
Sec. 2252.302. EMPLOYMENT OF APPRENTICES. (a) In order to
promote employment opportunities for young people and to train a
skilled workforce in this state, a contractor who contracts with a
governmental entity for a public works project shall designate at
least five percent of the project hours in any apprenticeable
trade, as certified by the Office of Apprenticeship of the United
States Department of Labor, to be worked by apprentices in a program
registered with that office.
(b) A contract for a public works project must include a
requirement that at least five percent of the project hours in any
apprenticeable trade, as certified by the Office of Apprenticeship
of the United States Department of Labor, be designated to be worked
by apprentices, unless a waiver has been obtained from the office.
(c) If the office determines that an insufficient number of
registered apprentices is available for a public works project, the
office shall:
(1) certify the number of registered apprentices who
are available for the project; and
(2) issue a waiver for the remaining number of jobs
that would otherwise be reserved for registered apprentices in
order for the contractor to meet the requirements under this
section.
Sec. 2252.303. EXEMPTIONS. This subchapter does not apply
to:
(1) a public works contract in which the total
contract price estimate at the time of the contract's execution is
less than $400,000; or
(2) a public works contract entered into by the Texas
Department of Transportation.
SECTION 2. Subchapter H, Chapter 2252, Government Code, as
added by this Act, applies only to a contract executed on or after
the effective date of this Act. A contract executed before the
effective date of this Act is governed by the law in effect on the
date the contract was executed, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.