| 1 | 1 | | By: Manuel H.B. No. 4741 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the employment of apprentices on certain public works |
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| 7 | 7 | | projects. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 2252, Government Code, is amended by |
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| 10 | 10 | | adding Subchapter H to read as follows: |
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| 11 | 11 | | SUBCHAPTER H. EMPLOYMENT OF APPRENTICES ON PUBLIC WORKS PROJECTS |
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| 12 | 12 | | Sec. 2252.301. DEFINITIONS. In this subchapter: |
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| 13 | 13 | | (1) "Contractor" means a person, firm, or corporation |
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| 14 | 14 | | contracting with a governmental entity for a public works project. |
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| 15 | 15 | | (2) "Governmental entity" means: |
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| 16 | 16 | | (A) the state, a county, or a municipality; |
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| 17 | 17 | | (B) a department, board, or agency of the state, |
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| 18 | 18 | | a county, or a municipality; |
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| 19 | 19 | | (C) a school district or a subdivision of a |
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| 20 | 20 | | school district; or |
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| 21 | 21 | | (D) any other governmental or quasi-governmental |
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| 22 | 22 | | authority authorized by statute to enter into a public works |
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| 23 | 23 | | contract. |
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| 24 | 24 | | (3) "Office" means the office or program of the Texas |
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| 25 | 25 | | Workforce Commission responsible for apprenticeship issues. |
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| 26 | 26 | | (4) "Public works project" includes the construction, |
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| 27 | 27 | | alteration, or repair of a public building or the construction or |
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| 28 | 28 | | completion of a public work. |
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| 29 | 29 | | Sec. 2252.302. EMPLOYMENT OF APPRENTICES. (a) In order to |
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| 30 | 30 | | promote employment opportunities for young people and to train a |
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| 31 | 31 | | skilled workforce in this state, a contractor who contracts with a |
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| 32 | 32 | | governmental entity for a public works project shall designate at |
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| 33 | 33 | | least five percent of the project hours in any apprenticeable |
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| 34 | 34 | | trade, as certified by the Office of Apprenticeship of the United |
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| 35 | 35 | | States Department of Labor, to be worked by apprentices in a program |
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| 36 | 36 | | registered with that office. |
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| 37 | 37 | | (b) A contract for a public works project must include a |
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| 38 | 38 | | requirement that at least five percent of the project hours in any |
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| 39 | 39 | | apprenticeable trade, as certified by the Office of Apprenticeship |
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| 40 | 40 | | of the United States Department of Labor, be designated to be worked |
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| 41 | 41 | | by apprentices, unless a waiver has been obtained from the office. |
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| 42 | 42 | | (c) If the office determines that an insufficient number of |
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| 43 | 43 | | registered apprentices is available for a public works project, the |
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| 44 | 44 | | office shall: |
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| 45 | 45 | | (1) certify the number of registered apprentices who |
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| 46 | 46 | | are available for the project; and |
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| 47 | 47 | | (2) issue a waiver for the remaining number of jobs |
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| 48 | 48 | | that would otherwise be reserved for registered apprentices in |
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| 49 | 49 | | order for the contractor to meet the requirements under this |
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| 50 | 50 | | section. |
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| 51 | 51 | | Sec. 2252.303. EXEMPTIONS. This subchapter does not apply |
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| 52 | 52 | | to: |
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| 53 | 53 | | (1) a public works contract in which the total |
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| 54 | 54 | | contract price estimate at the time of the contract's execution is |
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| 55 | 55 | | less than $400,000; or |
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| 56 | 56 | | (2) a public works contract entered into by the Texas |
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| 57 | 57 | | Department of Transportation. |
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| 58 | 58 | | SECTION 2. Subchapter H, Chapter 2252, Government Code, as |
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| 59 | 59 | | added by this Act, applies only to a contract executed on or after |
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| 60 | 60 | | the effective date of this Act. A contract executed before the |
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| 61 | 61 | | effective date of this Act is governed by the law in effect on the |
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| 62 | 62 | | date the contract was executed, and the former law is continued in |
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| 63 | 63 | | effect for that purpose. |
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| 64 | 64 | | SECTION 3. This Act takes effect September 1, 2023. |
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