State Codes and Statutes
Statutes > Texas > Labor-code > Title-4-employment-services-and-unemployment > 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.
State Codes and Statutes
Statutes > Texas > Labor-code > Title-4-employment-services-and-unemployment > 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.
State Codes and Statutes
Statutes >
Texas >
Labor-code >
Title-4-employment-services-and-unemployment >
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.
Loading..
Close Window
Loading, Please Wait!
This may take a second or two.
