CHAPTER 308. TEXANS WORK PROGRAM
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.