State Codes and Statutes
Statutes > Texas > Education-code > Title-3-higher-education > 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.
State Codes and Statutes
Statutes > Texas > Education-code > Title-3-higher-education > 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.
State Codes and Statutes
Statutes >
Texas >
Education-code >
Title-3-higher-education >
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.
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