By: Murphy, Oliverson, Raney H.B. No. 3767
        (Senate Sponsor - Bettencourt)
         (In the Senate - Received from the House May 17, 2021;
  May 17, 2021, read first time and referred to Committee on Higher
  Education; May 21, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  May 21, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 3767 By:  Springer
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to measures to support the alignment of education and
  workforce development in the state with state workforce needs,
  including the establishment of the Tri-Agency Workforce
  Initiative.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Texas Education
  and Workforce Alignment Act.
         SECTION 2.  Subtitle G, Title 10, Government Code, is
  amended by adding Chapter 2308A to read as follows:
  CHAPTER 2308A. TRI-AGENCY WORKFORCE INITIATIVE
         Sec. 2308A.001.  DEFINITIONS. In this chapter:
               (1)  "Agency," unless the context requires otherwise,
  means the Texas Education Agency.
               (2)  "Career education and training program" means:
                     (A)  a career and technology education program
  offered by a public school;
                     (B)  a career technical or workforce education
  program, as defined by the coordinating board, offered by an
  institution of higher education;
                     (C)  a program administered by the commission
  relating to jobs training, skills development, or adult education
  and literacy; and
                     (D)  a work-based learning program, such as an
  apprenticeship or internship program, that receives state funding
  or is administered by the commission.
               (3)  "Commission" means the Texas Workforce
  Commission.
               (4)  "Coordinating board" means the Texas Higher
  Education Coordinating Board.
               (5)  "Initiative" means the Tri-Agency Workforce
  Initiative.
               (6)  "Institution of higher education" has the meaning
  assigned by Section 61.003, Education Code.
               (7)  "State workforce development goals" means the
  state workforce development goals developed under Section
  2308A.006.
         Sec. 2308A.002.  PURPOSE. The Tri-Agency Workforce
  Initiative is established to coordinate and improve information and
  other resources as necessary to:
               (1)  ensure that the use of state and federal education
  and workforce funds is efficiently aligned to achieve state
  workforce development goals;
               (2)  align career education and training programs to
  workforce demands; and
               (3)  enable local and state policy makers to identify
  the workforce outcomes of participants in career education and
  training programs and progress toward the state workforce
  development goals.
         Sec. 2308A.003.  INTERAGENCY AGREEMENTS AND STAFFING. (a)
  The agency, coordinating board, and commission shall enter into one
  or more interagency agreements establishing policies and processes
  for:
               (1)  sharing and matching relevant data and
  cooperatively managing education and workforce information
  collected by each respective agency; and
               (2)  coordinating the assignment of existing staff and
  other resources as necessary to effectuate the state workforce
  development goals and the strategies for achieving those goals
  developed under Section 2308A.006.
         (b)  The time spent by an employee of the agency,
  coordinating board, or commission in supporting the work of the
  initiative is not included in calculating the number of full-time
  equivalent employees allotted to the respective agency under other
  law.
         Sec. 2308A.004.  QUARTERLY DISCUSSIONS. The commissioner of
  education, commissioner of higher education, and chair of the
  commission shall discuss the work of the initiative at least once
  per quarter.
         Sec. 2308A.005.  STRATEGIC PLAN FOR UNIFIED WORKFORCE DATA
  REPOSITORY. (a) The coordinating board shall develop a strategic
  plan for the operation of a unified repository for education and
  workforce data. In developing the plan, the coordinating board
  shall solicit input from the agency, the commission, and relevant
  stakeholders.
         (b)  The plan developed under Subsection (a) must include
  recommendations for:
               (1)  automatically matching records of the agency,
  coordinating board, and commission at the student level on a timely
  basis;
               (2)  creating publicly available tools and resources
  regarding data on the outcomes of participants in career education
  and training programs, including graduation rates, student debt,
  employment status and industry of employment, and earnings over
  time, disaggregated to the extent practicable by income, race,
  ethnicity, and gender;
               (3)  making timely student data available to authorized
  entities to support higher education and workforce application,
  entry, and success; and
               (4)  creating and supporting a secure portal through
  which authorized personnel of approved entities can view and
  analyze comprehensive longitudinal and the most currently
  available matched data related to the progress toward meeting state
  workforce needs.
         Sec. 2308A.006.  STATE WORKFORCE DEVELOPMENT GOALS AND
  STRATEGIES. (a) The commissioner of education, commissioner of
  higher education, and chair of the commission jointly shall develop
  and post in a prominent location on the initiative's and each
  respective agency's Internet website state workforce development
  goals and coordinated interagency strategies for achieving those
  goals.
         (b)  The goals developed under Subsection (a) must:
               (1)  be developed in consultation with employers;
               (2)  include goals for the attainment of employment in
  jobs that pay a self-sufficient wage for all career education and
  training programs in the state;
               (3)  be disaggregated by race, ethnicity, and gender
  for each workforce development region; and
               (4)  provide for:
                     (A)  locally determined priorities consistent
  with state goals; and
                     (B)  collaborative planning and coordination with
  local employers, public schools, institutions of higher education,
  and local workforce development boards.
         (c)  The strategies developed under Subsection (a) must:
               (1)  include strategies for expanding work-based
  learning;
               (2)  articulate the ways in which the state can best
  leverage state and federal funding for career education and
  training programs; and
               (3)  be demonstrably guided by:
                     (A)  education and workforce data;
                     (B)  evidence of success and considerations of
  cost-effectiveness; and
                     (C)  prioritized occupational classifications,
  including all target occupations and critical career pathways
  designated under Subsection (e).
         (d)  In consultation with employers, the commissioner of
  education, commissioner of higher education, and chair of the
  commission jointly shall update the state workforce development
  goals and strategies developed under Subsection (a) at least every
  four years, or more frequently if needed to reflect available data
  and circumstances.
         (e)  In consultation with employers, the commissioner of
  education, commissioner of higher education, and chair of the
  commission shall designate and update every two years a list of
  career pathways that includes the following two priority
  categories:
               (1)  target occupations, which include current needs
  that exist in one or more regions of the state as reflected in
  regional workforce assessments that:
                     (A)  use the best available data and local
  employer requests; and
                     (B)  satisfy minimum federal standards for
  designations, such as a foundation for qualified use of federal
  workforce funding; and
               (2)  critical career pathways that reflect the best
  statewide data and forecasts of skills and careers for which demand
  in the state is expected to grow that may:
                     (A)  be associated with new emerging industries or
  new specialty occupations within an industry; or
                     (B)  reflect pathways to better wages for workers
  with documented skills that provide promotional opportunities
  within or across occupations with targeted upskill training.
         Sec. 2308A.007.  CREDENTIAL LIBRARY. (a) The coordinating
  board and the commission jointly may establish a publicly
  accessible web-based library of credentials, such as diplomas,
  certificates, certifications, digital badges, apprenticeships,
  licenses, or degrees, that are:
               (1)  delivered, issued, funded, or governed by the
  state;
               (2)  aligned with recognized skills and industry
  standards;
               (3)  available to residents of the state; and
               (4)  used by employers in the state.
         (b)  The coordinating board and the commission jointly may
  designate a host agency or operating entity for a credential
  library established under this section.
         (c)  In establishing a credential library under this
  section, the coordinating board and the commission shall solicit
  input from the agency and relevant stakeholders.
         Sec. 2308A.008.  INTERNET-BASED RESOURCES. (a) Using
  federal funding or gifts, grants, or donations available for the
  purpose, the coordinating board may establish Internet-based
  resources for the initiative. The resources may include:
               (1)  a central Internet website for the initiative that
  contains information on the state workforce development goals and
  the strategies for achieving those goals developed under Section
  2308A.006;
               (2)  a unified dashboard, updated on an annual or more
  frequent basis, that reports progress toward accomplishment of the
  state workforce development goals, both statewide and
  disaggregated by public school and public school campus,
  institution of higher education campus, workforce region, and
  county;
               (3)  data on the outcomes of students who participate
  in career education and training programs, disaggregated to the
  extent practicable by income, race, ethnicity, and gender,
  including data regarding degree and credential completion,
  employment status and industry of employment, and earnings over
  time;
               (4)  guidance supporting the use of data on the
  dashboard described by Subdivision (2) for greater accessibility
  for a wide range of public, practitioner, and legislative users;
               (5)  tools enabling residents of the state to:
                     (A)  explore careers that match the resident's
  education and skills and lead to a self-sufficient wage;
                     (B)  identify and evaluate education and training
  opportunities related to the resident's career interests; and
                     (C)  connect to available jobs through existing
  job matching websites; and
               (6)  tools to support joint program planning,
  budgeting, and performance evaluation among:
                     (A)  the agency, coordinating board, and
  commission; and
                     (B)  public schools, institutions of higher
  education, local workforce development boards, and partnering
  entities.
         (b)  In establishing Internet-based resources for the
  initiative under Subsection (a), the coordinating board shall
  solicit input from the agency and the commission.
         Sec. 2308A.009.  STUDENT SUCCESS REPORTING. (a) Using
  federal workforce funds to the extent available for the purpose,
  the agency and the coordinating board shall make available to each
  public school and institution of higher education information
  possessed by the agency, coordinating board, or commission
  regarding the success of students previously enrolled in a career
  education and training program offered by the school or institution
  with respect to critical student outcomes, including degree and
  credential completion, employment status and industry of
  employment, and earnings over time.
         (b)  The commissioner of education and the commissioner of
  higher education shall ensure that the information made available
  under Subsection (a) is made available in a manner that complies
  with applicable state or federal law regarding the privacy and
  confidentiality of student information.
         Sec. 2308A.010.  OPPORTUNITY FOR COMMENT. At least 30 days
  before finalizing state workforce development goals or strategies
  for achieving those goals developed under Section 2308A.006, the
  agency, coordinating board, and commission jointly shall post on
  the initiative's and each respective agency's Internet website the
  proposed goals or strategies and instructions for submitting
  comment on those items to the agencies.
         Sec. 2308A.011.  TARGETED FUNDING TO ADDRESS STATE GOALS.
  (a) A state agency that receives funding through the Carl D. Perkins
  Career and Technical Education Act of 2006 (20 U.S.C. Section 2301
  et seq.) or the Workforce Innovation and Opportunity Act (Pub. L.
  No. 113-128) or any other federal funding for career education and
  training may, to the extent permissible under federal law, combine
  with, transfer to, or delegate to another state agency that
  receives such funding the agency's management of workforce-related
  funding as necessary to implement the state workforce development
  goals.
         (b)  A state agency that receives federal or state funding
  for career education and training programs shall include in the
  agency's legislative appropriations request a description of how
  the agency's career education and training programs and
  expenditures align with the state workforce development goals.
         Sec. 2308A.012.  SELF-SUFFICIENT WAGE. The agency,
  coordinating board, and commission jointly shall determine for each
  county the wage that constitutes a self-sufficient wage for
  purposes of this chapter. The determination must be based on a
  common standard that reflects the regionally adjusted minimum
  employment earnings necessary to meet a family's basic needs while
  also maintaining self-sufficiency.
         Sec. 2308A.013.  GIFTS, GRANTS, AND DONATIONS.  (a)  The
  agency, coordinating board, and commission may accept gifts,
  grants, and donations from any public or private source for
  purposes of the initiative.
         (b)  The agency, coordinating board, and commission shall
  investigate potential sources of funding from federal grants or
  programs that may be used for purposes of the initiative.
         SECTION 3.  Subchapter A, Chapter 204, Labor Code, is
  amended by adding Section 204.0025 to read as follows:
         Sec. 204.0025.  ADDITIONAL WORKFORCE DATA REPORTING. (a)
  It is the intent of the legislature that the commission, subject to
  the availability of federal funding or other resources for the
  purpose, work with employers to enhance the reporting of employment
  and earnings data by employers to the commission as part of an
  employer's routine wage filings under this subtitle or commission
  rule and consistent with federal law and regulations.  The enhanced
  wage filings must include information related to occupation and
  other important employment information that would improve the
  state's labor market information.
         (b)  Not later than January 1, 2022, the commission shall,
  using existing staff and resources, design and implement a
  voluntary pilot program for the reporting and collection of
  enhanced wage filings described by Subsection (a).  To the greatest
  extent possible, the commission shall include a representative
  sample of employers in the pilot program.
         (c)  Not later than September 1, 2022, the commission shall
  inform the legislature, including the standing legislative
  committees with relevant jurisdiction, regarding the results of the
  pilot program and any recommendations for legislative or other
  action.
         (d)  Subsections (b) and (c) and this subsection expire
  September 1, 2023.
         SECTION 4.  Not later than October 1, 2021, the Texas
  Education Agency, Texas Higher Education Coordinating Board, and
  Texas Workforce Commission shall hold the initial discussion
  required under Section 2308A.004, Government Code, as added by this
  Act.
         SECTION 5.  (a) Not later than January 31, 2022, the Texas
  Education Agency, Texas Higher Education Coordinating Board, and
  Texas Workforce Commission shall develop the initial state
  workforce development goals required under Section 2308A.006,
  Government Code, as added by this Act.
         (b)  Not later than April 30, 2022, the Texas Education
  Agency, Texas Higher Education Coordinating Board, and Texas
  Workforce Commission shall develop the initial strategies required
  under Section 2308A.006, Government Code, as added by this Act.
         SECTION 6.  Not later than August 1, 2022, the Texas Higher
  Education Coordinating Board shall develop the strategic plan for
  the operation of a unified repository for education and workforce
  data required under Section 2308A.005, Government Code, as added by
  this Act.
         SECTION 7.  (a) The Texas Education Agency and the Texas
  Higher Education Coordinating Board, as applicable, are required to
  implement Sections 2308A.005 and 2308A.009, Government Code, as
  added by this Act, only if:
               (1)  the legislature appropriates funds for that
  purpose; or
               (2)  the agencies receive gifts, grants, or donations
  for that purpose under Section 2308A.013, Government Code, as added
  by this Act.
         (b)  If funding described by Subsection (a) of this section
  is not appropriated or otherwise made available for the purpose
  described by that subsection, the Texas Education Agency and the
  Texas Higher Education Coordinating Board, as applicable, may, but
  are not required to, implement Sections 2308A.005 and 2308A.009,
  Government Code, as added by this Act, using other money available
  to the agencies for that purpose.
         SECTION 8.  This Act takes effect September 1, 2021.
 
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