CHAPTER 311. VOLUNTARY WORKFORCE TRAINING FOR CERTAIN STUDENTS

LABOR CODE

TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT

SUBTITLE B. TEXAS WORKFORCE COMMISSION; WORKFORCE DEVELOPMENT;

EMPLOYMENT SERVICES

CHAPTER 311. VOLUNTARY WORKFORCE TRAINING FOR CERTAIN STUDENTS

Sec. 311.001. DEFINITIONS. In this chapter:

(1) "Agency" means the Texas Education Agency.

(2) "Certified program" means a career and technology secondary

and postsecondary education program conducted under an agreement

as described by Section 311.003 or a voluntary program certified

by the agency in conjunction with the commission as meeting the

standards prescribed by Section 311.002, and that:

(A) integrates a secondary school academic curriculum with

private sector workplace training and a postsecondary curriculum;

(B) places students in job internships;

(C) is designed to continue into postsecondary education and

lead to the participant earning an associate's degree or a

bachelor's degree;

(D) will result in teaching new skills and adding value to the

wage-earning potential of participants and increasing a

participant's long-term employability in this state; and

(E) meets recognized or accepted industry standards.

(3) "Participant" means a person at least 16 years of age who is

enrolled in a public or private secondary or postsecondary

school, or an equivalent program, and who began to voluntarily

participate in a certified voluntary workforce training program

as part of secondary school education.

(4) "Sponsor" means any person operating a certified program and

in whose name the program is registered.

Added by Acts 1999, 76th Leg., ch. 1422, Sec. 1, eff. Sept. 1,

1999.

Sec. 311.002. CERTIFICATION STANDARDS. To be eligible for

certification by the agency under this chapter, a program must:

(1) be conducted under an organized, written plan embodying the

terms and conditions of employment, job training, classroom

instruction, and supervision of participants and be subscribed to

by a sponsor who has undertaken to carry out the program;

(2) comply with all state and federal laws, including laws

pertaining to fair labor standards and workplace health and

safety;

(3) comply with recognized industry standards applicable to the

program in which the participant is engaged; and

(4) include an agreement by the employer to assign an employee

to serve as a mentor for the participant.

Added by Acts 1999, 76th Leg., ch. 1422, Sec. 1, eff. Sept. 1,

1999.

Sec. 311.003. CERTIFIED PROGRAM AGREEMENTS. (a) A certified

program must be conducted under a signed written agreement

between each participant and the employer. The agreement may

include the following:

(1) the name and signature of the participant, the sponsor, and

the employer, and a parent or guardian of the participant if the

participant is under 18 years of age;

(2) a description of the career field in which the participant

is to be trained, the academic and technical skills to be

attained, and the beginning date and duration of the broad-based

training; and

(3) the employer's agreement to provide paid employment, at a

base wage not less than the minimum wage, for the participant

during the participant's junior and senior years in high school

and after the participant's first year of postsecondary

education.

(b) A participant's time spent in a program under Subsection (a)

may not exceed 15 hours a week, without regard to whether the

participant is paid for the time.

(c) A participant may, but is not required to, enter into a

postsecondary education agreement with the participant's

employer. An agreement under this subsection must include:

(1) the participant's agreement to pay half of the participant's

wages to be held in trust to be applied toward the participant's

postsecondary education and the employer's agreement to pay into

the trust an additional amount equal to the amount paid by the

participant;

(2) the participant's agreement to work for the employer for at

least two years following the date of completion of the

participant's postsecondary education;

(3) the employer's agreement to pay the participant during the

period described by Subdivision (2) at least the prevailing wage

for employees having a similar education or license and

performing similar work and to provide other employee benefits to

which employees performing similar work are entitled; and

(4) the participant's agreement to reimburse the employer if the

participant fails to perform the two years of employment

described by Subdivision (2) for the employer's contribution to

the trust established under Subdivision (1), plus interest at the

prime interest rate at the time the participant defaults on the

agreement.

(d) If a participant decides not to continue in the program

before beginning the participant's postsecondary education, the

participant and employer each shall be refunded, not later than

the 30th day after the last date of participation in the program,

their respective contributions to the trust established under

Subsection (c)(1) and a pro rata share of the interest earned on

the money in the trust.

(e) The money held in trust under Subsection (c)(1) must be held

in trust for the benefit of the participant under rules adopted

by the agency. Payment into a trust approved under 29 U.S.C.

Section 1103 for the benefit of the participant satisfies the

requirement of this subsection. The fund must be specified in the

agreement.

(f) An employer who enters into an agreement under this section

may not retain participants solely to replace the employer's

current employees.

Added by Acts 1999, 76th Leg., ch. 1422, Sec. 1, eff. Sept. 1,

1999.

Sec. 311.004. RULEMAKING. (a) The agency and commission shall

adopt rules as necessary to administer each entity's duties under

this chapter. To the extent possible, the agency and commission

shall cooperate with each other in adopting rules so that all

rules adopted under this chapter are consistent and easily

administered.

(b) Rules adopted under this section must include a requirement

that participation in a certified program under this chapter is

voluntary.

Added by Acts 1999, 76th Leg., ch. 1422, Sec. 1, eff. Sept. 1,

1999.

Sec. 311.005. COMMISSION DUTIES; LOCAL WORKFORCE DEVELOPMENT

BOARDS. (a) The commission shall:

(1) administer its responsibilities under this chapter as part

of the commission's workforce development system;

(2) cooperate with other state agencies as appropriate; and

(3) provide information and technical assistance to the agency,

secondary and postsecondary schools, employers, local workforce

development boards, and other entities.

(b) A local workforce development board, working in partnership

with other local and regional entities, shall provide to

secondary and postsecondary schools and employers in the area in

which the board is established information and technical

assistance as necessary to implement this chapter.

Added by Acts 1999, 76th Leg., ch. 1422, Sec. 1, eff. Sept. 1,

1999.