LABOR CODE
CHAPTER 311. VOLUNTARY WORKFORCE TRAINING FOR CERTAIN STUDENTS
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
