Bill Text: TX HB3767 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: 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.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [HB3767 Detail]
Download: Texas-2021-HB3767-Enrolled.html
H.B. No. 3767 |
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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. 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. | ||
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. The Texas Workforce Commission is required to | ||
implement Section 204.0025, Labor Code, as added by this Act, only | ||
if the legislature appropriates money specifically for that | ||
purpose. If the legislature does not appropriate money specifically | ||
for that purpose, the commission may, but is not required to, | ||
implement that section using other appropriations available for | ||
that purpose. | ||
SECTION 9. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3767 was passed by the House on May | ||
14, 2021, by the following vote: Yeas 115, Nays 26, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3767 on May 28, 2021, by the following vote: Yeas 98, Nays 49, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3767 was passed by the Senate, with | ||
amendments, on May 24, 2021, by the following vote: Yeas 30, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |