CHAPTER 133. APPRENTICESHIP SYSTEM OF ADULT CAREER AND TECHNOLOGY EDUCATION

EDUCATION CODE

TITLE 3. HIGHER EDUCATION

SUBTITLE G. NON-BACCALAUREATE SYSTEM

CHAPTER 133. APPRENTICESHIP SYSTEM OF ADULT CAREER AND TECHNOLOGY

EDUCATION

Sec. 133.001. DEFINITIONS. In this chapter:

(1) "Apprenticeship training program" means a training program

that provides on-the-job training, preparatory instruction,

supplementary instruction, or related instruction in a trade that

has been certified as an apprenticible occupation by the Bureau

of Apprenticeship Training of the United States Department of

Labor.

(2) "Preparatory instruction" means a course of instruction

lasting six months or less that teaches the basic skills required

for an individual to comply with the terms of the individual's

apprenticeship agreement as required by Section 133.002(d).

(3) "Supplementary instruction" means a course of instruction

for persons employed as journeymen craftsmen in apprenticible

trades that is designed to provide new skills or upgrade current

skills.

(4) "Related instruction" means organized, off-the-job

instruction in theoretical or technical subjects required for the

completion of an apprenticeship program for a particular

apprenticible trade.

(5) "Commission" means the Texas Employment Commission.

(6) "Bureau" means the Bureau of Apprenticeship Training of the

United States Department of Labor.

Added by Acts 1977, 65th Leg., p. 621, ch. 230, Sec. 1, eff. Aug.

29, 1977. Amended by Acts 1993, 73rd Leg., ch. 771, Sec. 19, eff.

Sept. 1, 1993. Redesignated from Education Code Sec. 33.01 and

amended by Acts 1995, 74th Leg., ch. 260, Sec. 3, eff. May 30,

1995. Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.54, eff.

Sept. 1, 1995.

Sec. 133.002. GENERAL PROVISIONS RELATING TO APPRENTICESHIP

TRAINING PROGRAMS. (a) Pursuant to the provisions of this

chapter, the commission may allocate state funds for the support

of apprenticeship training programs that meet the criteria set

forth in this chapter.

(b) A program must be sponsored by a public school district or a

state postsecondary institution pursuant to a contract between

the district or institution and an apprenticeship committee.

(c) A program must be under the direction of an apprenticeship

committee whose members are appointed by one or more employers of

apprentices, one or more bargaining agents representing members

of an apprenticible trade, or a combination of the above, and the

committee shall perform the duties set forth in Section 133.003.

If an apprenticeship committee is composed of representatives of

one or more employers and one or more bargaining agents, the

number of committee members designated by the employer or

employers shall be equal to the number of committee members

designated by the bargaining agent or agents.

(d) Each apprentice participating in a program must be given a

written apprenticeship agreement by the apprenticeship committee

stating the standards and conditions of the apprentice's

employment and training. The standards must conform substantially

with the standards of apprenticeship for the particular trade

which have been adopted by the bureau.

(e) An apprentice may not be charged tuition or fees by a public

school district or state postsecondary institution other than an

administrative fee to cover the costs of processing the

apprentice's records which shall not exceed $5 for each course in

which the apprentice is enrolled.

(f) Funding for a program, in addition to any other money

available, shall be provided by the apprenticeship committee

pursuant to the terms of the contract referred to in Subsection

(b).

(g) Pursuant to the terms of the contract referred to in

Subsection (b), adequate facilities, personnel, and resources to

effectively administer the apprenticeship training program in a

manner consistent with the public's need for skilled craftsmen

and the apprentices' need for marketable skills in apprenticible

occupations must be provided.

(h) A program must be registered with the bureau and approved by

the commission.

Added by Acts 1977, 65th Leg., p. 621, ch. 230, Sec. 1, eff. Aug.

29, 1977. Redesignated from Education Code Sec. 33.02 and amended

by Acts 1995, 74th Leg., ch. 260, Sec. 3, eff. May 30, 1995.

Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.55, eff. Sept.

1, 1995.

Sec. 133.003. DUTIES OF APPRENTICESHIP COMMITTEE. The

apprenticeship committee for each apprenticeship training program

shall:

(1) establish standards and goals for preparatory instruction,

supplementary instruction, and related instruction for

apprentices in the program;

(2) establish rules governing the on-the-job training and other

instruction for apprentices in the program;

(3) plan and organize instructional materials designed to

provide technical and theoretical knowledge and basic skills

required by apprentices in the program;

(4) recommend qualified instructions for the program;

(5) monitor and evaluate the performance and progress of each

apprentice in the program and the program as a whole;

(6) interview applicants and select those most qualified for

entrance into the program;

(7) provide for the keeping of records of the on-the-job

training and progress of each apprentice;

(8) encourage instructors to maintain recommended

qualifications; and

(9) perform any other duties which, in the opinion of the

apprenticeship committee, promote the goals of individual

apprentices and of the program as a whole.

Added by Acts 1977, 65th Leg., p. 621, ch. 230, Sec. 1, eff. Aug.

29, 1977. Redesignated from Education Code Sec. 33.03 by Acts

1995, 74th Leg., ch. 260, Sec. 3, eff. May 30, 1995.

Sec. 133.004. NOTICE OF AVAILABLE FUNDS. In order to insure

that all citizens of Texas have an equal opportunity to benefit

from apprenticeship training programs, the commission shall

provide for statewide publication in a manner recommended by the

advisory committee and intended to give actual notice to all

potential program sponsors of the amount of funds that will be

available to support apprenticeship training programs during the

current and following fiscal years, the qualifications required

of program sponsors and apprenticeship committees, and the

procedures to be followed in applying for state funds. The notice

may also include other information recommended by the advisory

committee and approved by the commission. Notwithstanding the

foregoing, the commission shall publish any information

concerning available funds given to a particular program sponsor

in a manner recommended by the advisory committee and intended to

give actual notice to all potential program sponsors statewide.

Added by Acts 1977, 65th Leg., p. 621, ch. 230, Sec. 1, eff. Aug.

29, 1977. Redesignated from Education Code Sec. 33.04 and amended

by Acts 1995, 74th Leg., ch. 260, Sec. 3, eff. May 30, 1995.

Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.56, eff. Sept.

1, 1995.

Sec. 133.005. AUDIT PROCEDURES. (a) The commission shall

maintain a clear audit trail of all funds appropriated for the

apprenticeship system of adult career and technology education.

For each course that is funded, the audit trail shall include the

following records:

(1) the name of the sponsoring public school district or state

postsecondary institution;

(2) the name of the instructor;

(3) the number of students enrolled;

(4) the place and schedule of class meetings; and

(5) certification by the bureau for preparatory and related

instruction courses that the students enrolled were registered

apprentices.

(b) Public school districts or state postsecondary institutions

receiving funds shall maintain a clear audit trail which shall

include records of receipts for all expenditures relating solely

to each particular course. Where an expense is shared by two or

more courses, the allocation to that expense from the funds for a

particular course shall be supported by a formula based on the

comparative benefit derived by each course from the expense. No

charges for the depreciation of facilities or the retirement of

indebtedness shall be allocated to an apprenticeship course.

(c) Funds appropriated for the apprenticeship system of adult

vocational education shall not be commingled with funds

appropriated for other purposes.

(d) All state funds appropriated to the commission pursuant to

this chapter are subject to audit by the state auditor in

accordance with Chapter 321, Government Code. Funds received

pursuant to this chapter by a school district or postsecondary

institution are subject to audit as otherwise provided by law.

(e) All records, receipts, working papers, and other components

of the audit trail shall be public records.

Added by Acts 1977, 65th Leg., p. 621, ch. 230, Sec. 1, eff. Aug.

29, 1977. Amended by Acts 1981, 67th Leg., p. 23, ch. 19, Sec. 1,

eff. April 1, 1981; Acts 1989, 71st Leg., ch. 584, Sec. 86, eff.

Sept. 1, 1989. Redesignated from Education Code Sec. 33.07 and

amended by Acts 1995, 74th Leg., ch. 260, Sec. 3, eff. May 30,

1995. Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.57, eff.

Sept. 1, 1995.

Sec. 133.006. APPROPRIATION AND DISTRIBUTION OF FUNDS. (a) On

recommendation of the advisory committee the commission shall

adopt formulas and administrative procedures to be used in

requesting appropriations of state funds as a budgetary line item

for the Apprenticeship System of Adult Career and Technology

Education.

(b) The commission shall prepare an update to the Apprenticeship

Related Instruction Cost Study adopted by the State Board of

Education on February 10, 1973, prior to each biennial session of

the legislature.

(c) On recommendation of the advisory committee the commission

shall adopt forms, formulas, and administrative procedures for

the distribution of available funds to apprenticeship training

programs. Distribution formulas must be uniform in application to

all local program sponsors.

(d) On recommendation of the advisory committee the commission

shall reserve until December 1 of each year a percentage of the

funds appropriated under the line item described in this section

to be used solely for apprenticeship-related instruction

programs. This percentage shall be established by the formulas

required by this section. Reserved funds that are not obligated

on December 1 may be used for preparatory and supplementary

instruction programs as well as related instruction programs.

(e) No funds shall be distributed to a public school district or

state postsecondary institution until the district or institution

has filed all reports required by this chapter and by the

commission.

Added by Acts 1977, 65th Leg., p. 621, ch. 230, Sec. 1, eff. Aug.

29, 1977. Redesignated from Education Code Sec. 33.08 and amended

by Acts 1995, 74th Leg., ch. 260, Sec. 3, eff. May 30, 1995.

Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.58, eff. Sept.

1, 1995.

Sec. 133.007. RULES. The commission shall promulgate rules

necessary to implement the provisions of this chapter.

Added by Acts 1977, 65th Leg., p. 621, ch. 230, Sec. 1, eff. Aug.

29, 1977. Redesignated from Education Code Sec. 33.09 and amended

by Acts 1995, 74th Leg., ch. 260, Sec. 3, eff. May 30, 1995.

Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.59, eff. Sept.

1, 1995.

Sec. 133.008. STATUS OF RECOMMENDATIONS. (a) Recommendations

of the advisory committee submitted to the commission must be

acted on, and either accepted or rejected.

(b) A recommendation which is rejected must be returned

immediately to the advisory committee, accompanied by written

notice of the reasons for rejecting the recommendation.

Added by Acts 1977, 65th Leg., p. 621, ch. 230, Sec. 1, eff. Aug.

29, 1977. Redesignated from Education Code Sec. 33.10 and amended

by Acts 1995, 74th Leg., ch. 260, Sec. 3, eff. May 30, 1995.

Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.60, eff. Sept.

1, 1995.

Sec. 133.009. APPLICABILITY. The provisions of this chapter

apply only to those apprenticeship training programs which

receive state funds pursuant to the provisions of Section

133.002.

Added by Acts 1977, 65th Leg., p. 621, ch. 230, Sec. 1, eff. Aug.

29, 1977. Redesignated from Education Code Sec. 33.11 and amended

by Acts 1995, 74th Leg., ch. 260, Sec. 3, eff. May 30, 1995.