CHAPTER 308. TEXANS WORK PROGRAM

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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.

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.

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.

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.

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;

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.

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.

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.

Added by Acts 1997, 75th Leg., ch. 456, Sec. 1, eff. Sept. 1,

1997.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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