LABOR CODE

TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT

SUBTITLE B. TEXAS WORKFORCE COMMISSION;  WORKFORCE DEVELOPMENT;  EMPLOYMENT SERVICES

CHAPTER 308. TEXANS WORK PROGRAM

Sec. 308.001.  LEGISLATIVE INTENT.  It is the intent of the legislature that this chapter is enacted to enlist employers in a partnership with this state to assist recipients of public assistance in developing marketable work skills and obtaining employment.
Added by Acts 1997, 75th Leg., ch. 456, Sec. 1, eff. Sept. 1, 1997.

Sec. 308.002.  DEFINITIONS.  In this chapter:
(1)  "Division" means the division of workforce development of the commission.
(2)  "Employer" has the meaning assigned by Section 61.001.
(3)  "JOBS training program" means the job opportunities and basic skills (JOBS) training program under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
(4)  "Local workforce development board" means a board created under Subchapter F, Chapter 2308, Government Code.
(5)  "Program" means the Texans Work program established under this chapter.
(6)  "Trainee" means a recipient of food stamps under the food stamp program administered under Chapter 33, Human Resources Code, and financial assistance under Chapter 31, Human Resources Code, who:
(A)  is eligible to participate in the JOBS training program;  and
(B)  receives on-the-job training through a training course offered under the program.
(7)  "Training course" means a course for the development of practical employment skills that is:
(A)  offered to trainees by an employer who participates in the program;  and
(B)  approved as required by this chapter.
Added by Acts 1997, 75th Leg., ch. 456, Sec. 1, eff. Sept. 1, 1997.

Sec. 308.003.  TEXANS WORK PROGRAM.  (a)  The Texans Work program is created as an integrated system of on-the-job training for certain persons who receive food stamps under the food stamp program administered under Chapter 33, Human Resources Code, and financial assistance under Chapter 31, Human Resources Code, and are eligible to participate in the JOBS training program.  The program shall be considered a means-tested program and shall be operated through courses conducted by participating employers and shall offer direct work experience and skills training.
(b)  The program shall be offered in each area of this state in which an employer is located who elects to participate and whose participation is approved by the local workforce development board or, if a local workforce development board does not exist in the employer's area, by the division.
Added by Acts 1997, 75th Leg., ch. 456, Sec. 1, eff. Sept. 1, 1997.

Sec. 308.004.  TRAINING COURSES;  APPROVAL.  (a)  Each training course shall be designed by a local participating employer to meet the needs of that employer.  The training course must instruct the trainee in a prearranged curriculum of skills that uses systems specific to and produced by the employer's industry.
(b)  The length of a training course may not be less than six months or more than 12 months unless an exception is approved by the division.  The duration of a course shall be based on specific training needs.
(c)  An employer whose participation is approved under Section 308.003 shall submit to the division in the manner prescribed by the commission a description of the employer's proposed training course.  The employer shall work with the division and the Texas Skill Standards Board to develop a training course that incorporates instruction in the skill standards applicable to that industry.  A training course may not be used by an employer participating in the plan until the course is approved by the commission.
Added by Acts 1997, 75th Leg., ch. 456, Sec. 1, eff. Sept. 1, 1997.

Sec. 308.005.  POWERS AND DUTIES OF COMMISSION AND DIVISION;  GUIDELINES FOR TRAINING COURSE APPROVAL.  (a)  The commission shall adopt rules as necessary to implement the program, including establishing the criteria for determining which persons described by Section 308.003(a) may be required to participate in the program.
(b)  With the cooperation of the Texas Skill Standards Board, the commission shall develop guidelines for the approval of employer training courses.
(c)  In developing guidelines under Subsection (b), the commission shall condition approval on the expectation that a participating employer will develop job descriptions that are relevant to regular paid positions in the employer's workplace or that are available in the community in which the employer is located.  In determining whether to approve a particular training course, the commission shall specifically consider:
(1)  the administrative burden imposed by participation in the program by the participating employer;
(2)  whether the proposed training reasonably may be expected to enhance the employability of individual trainees;
(3)  whether the proposed training produces a realistic and usable level of skills;
(4)  whether the proposed training is composed of a greater ratio of training-to-work than regular employees receive under analogous conditions;
(5)  whether the employer has any intention of retaining successful trainees as regular employees;
(6)  the extent to which the proposed training includes nonspecific work skills;  and
(7)  if the employer has previously participated in the program, the prior performance of the employer in meeting the guidelines described by this subsection.
(d)  The commission may develop incentives for employers who have completed a training course offered through the program to hire as a regular employee for a period of at least one year a trainee who has successfully completed the training course.
Added by Acts 1997, 75th Leg., ch. 456, Sec. 1, eff. Sept. 1, 1997.

Sec. 308.006.  POWERS AND DUTIES OF TEXAS DEPARTMENT OF HUMAN SERVICES.  The Texas Department of Human Services shall provide to the commission and a local workforce development board information and technical assistance as necessary to implement the program.
Added by Acts 1997, 75th Leg., ch. 456, Sec. 1, eff. Sept. 1, 1997.

Sec. 308.007.  RIGHTS AND DUTIES OF PARTICIPATING EMPLOYER.  (a)  Each employer who participates in the program shall provide a work-training position for trainees under a contract entered into with the local workforce development board or with the commission.
(b)  The employer shall interview and select the employer's trainees from a list of eligible clients that is provided to the employer by the local workforce development board or the commission.
(c)  In the operation of a training course, a participating employer may use training methods selected by the employer as long as those methods instruct the trainees in the applicable skill at the applicable standards.
(d)  An employer who participates in the program is not liable for the payment of payroll taxes or contributions to the unemployment compensation system for a trainee and is not obligated to provide health insurance coverage or retirement or pension benefits for the trainee.  An employer is responsible to the JOBS training program only for quality training, skills certification, and reporting of attendance.
(e)  During the training course, the employer shall pay $300 per month for each trainee to the commission in the manner prescribed by the commission.  The commission shall deposit the amount in the general revenue fund to the credit of the Texas employment and training account.
(f)  A trainee is considered an employee of the employer for purposes of Section 401.012.
Added by Acts 1997, 75th Leg., ch. 456, Sec. 1, eff. Sept. 1, 1997.

Sec. 308.008.  RIGHTS OF REGULAR EMPLOYEES.  (a)  Except as provided by Subsection (b), not more than 20 percent of an employer's workforce may consist of trainees under the program.
(b)  Subsection (a) does not apply to an employer who has fewer than 50 employees.
(c)  As a condition of participation in the program, an employer whose regular employees are subject to a collective bargaining agreement shall notify the applicable collective bargaining agent of the employer's intent to participate in the program.  The employer shall provide the notice required under this subsection before accepting trainees at the employer's workplace.
(d)  A participating employer may not accept a trainee for participation in a training course conducted under the program if that participation will:
(1)  result in:
(A)  the displacement or partial displacement of a regular employee from an existing position;
(B)  the elimination of a vacant position created by the laying off of a regular employee during the 90 days preceding the employer's participation in the program;
(C)  the elimination of a position that would otherwise constitute a promotion for a regular employee;  or
(D)  a hiring freeze implemented by the employer;  or
(2)  impair a collective bargaining agreement in effect on the date that the employer proposes to begin participation in the program.
Added by Acts 1997, 75th Leg., ch. 456, Sec. 1, eff. Sept. 1, 1997.

Sec. 308.009.  RIGHTS AND DUTIES OF PARTICIPATING TRAINEES.  (a)  Each trainee who participates in the program shall work during the training course not less than the minimum number of hours required under applicable federal law for work participation for recipients of public assistance.
(b)  Each trainee is entitled to:
(1)  the rights provided under Chapters 21 and 101 as if the trainee were a regular employee;  and
(2)  participation in an administrative dispute resolution procedure conducted by the commission to resolve grievances involving participation in the program.
(c)  Each trainee shall receive a skill standards certification on successful completion of a training course offered under the program.
Added by Acts 1997, 75th Leg., ch. 456, Sec. 1, eff. Sept. 1, 1997.

Sec. 308.010.  ACCOUNT.  (a)  The Texas employment and training account is established as a special account in the general revenue fund.  The account is composed of:
(1)  employer contributions paid under Section 308.007;  and
(2)  state matching funds obtained through the block grant received by this state under the JOBS training program.
(b)  Money in the account may be used only for the payment of training stipends and for other training activities authorized under the program.
Added by Acts 1997, 75th Leg., ch. 456, Sec. 1, eff. Sept. 1, 1997.

Sec. 308.011.  TRAINING STIPEND.  (a)  The state shall pay to each trainee who demonstrates satisfactory participation in a training program approved under this chapter a monthly training stipend in the manner prescribed by Subsection (c).
(b)  The training stipend is composed of $600 paid to the trainee from the Texas employment and training account.  In addition to the stipend, the trainee shall continue to receive the amount of benefits that the trainee is eligible to receive under the program of financial assistance under Chapter 31, Human Resources Code, and the food stamp program administered under Chapter 33, Human Resources Code.
(c)  The state may transfer the monthly training stipend to a trainee by electronic benefits transfer (EBT) to an account if that method is determined by the Texas Department of Human Services to be cost-effective.
(d)  The training stipend does not constitute income to the trainee for purposes of determining eligibility for and the amount of benefits received under Chapter 31, Human Resources Code.  A trainee who participates in a training program in a satisfactory manner is entitled to full JOBS benefits and benefits under the financial assistance program and food stamp program during the training program.  A trainee who terminates participation in the training program before the conclusion of the training loses eligibility for the training stipend and the JOBS benefits but remains eligible to receive benefits under the financial assistance program and food stamp program.
(e)  Excessive unexcused absences from participation subjects a trainee to a reduction in the training stipend in an amount set by the commission.
(f)  The training stipend shall be paid on the first workday of each month following the month in which the trainee participates in the training program.
Added by Acts 1997, 75th Leg., ch. 456, Sec. 1, eff. Sept. 1, 1997.

Sec. 308.012.  REPORT;  RECORDS.  (a)  The commission shall collect information and maintain records regarding:
(1)  the operation and outcome of the program;
(2)  impediments identified by the commission that affect the successful operation of the program;  and
(3)  complaints or other comments regarding the program received by the commission from employers, trainees, regular employees, and local workforce development boards.
(b)  Information maintained by the commission under Subsection (a) is a public record.
(c)  Expired.
Added by Acts 1997, 75th Leg., ch. 456, Sec. 1, eff. Sept. 1, 1997.