|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the Texas college work-study program and to |
|
establishing a program for the off-campus employment of certain |
|
students at public or private institutions of higher education. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 56.076(a), Education Code, is amended to |
|
read as follows: |
|
(a) An eligible institution may employ eligible students |
|
[enter into agreements with employers that participate] in the |
|
work-study program. To be eligible to participate in the |
|
work-study program, an eligible institution [employer] must: |
|
(1) provide part-time employment to an eligible |
|
student in nonpartisan and nonsectarian activities; |
|
(2) provide, insofar as is practicable, employment to |
|
an eligible student that is related to the student's academic |
|
interests; |
|
(3) use Texas college work-study program positions |
|
only to supplement and not to supplant positions normally filled by |
|
persons not eligible to participate in the work-study program; |
|
(4) provide from sources other than federal college |
|
work-study program funds a percentage of an employed student's |
|
wages that is equal to the percentage of a student's wages that the |
|
eligible institution [employer] would be required to provide to the |
|
student in that academic year under the federal college work-study |
|
program; and |
|
(5) provide from sources other than federal college |
|
work-study funds 100 percent of other employee benefits for the |
|
employed student. |
|
SECTION 2. Section 56.078, Education Code, is amended to |
|
read as follows: |
|
Sec. 56.078. FUNDING. Funding to cover the state's |
|
contribution toward the funding of the work-study program under |
|
this subchapter and the Texas WORKS internship program under |
|
Subchapter E-1 is payable from funds appropriated for that purpose. |
|
SECTION 3. Section 56.082(a), Education Code, is amended to |
|
read as follows: |
|
(a) Not later than January 1 of each odd-numbered year, the |
|
Texas Higher Education Coordinating Board shall submit to the |
|
standing legislative committees with primary jurisdiction over |
|
higher education and post on the coordinating board's Internet |
|
website a report on the Texas college work-study program and the |
|
Texas WORKS internship program. The report must include the total |
|
number of students employed through the programs [program], |
|
disaggregated by: |
|
(1) the employment position's location on or off |
|
campus; and |
|
(2) the employer's status as a for-profit or nonprofit |
|
entity. |
|
SECTION 4. Chapter 56, Education Code, is amended by adding |
|
Subchapter E-1 to read as follows: |
|
SUBCHAPTER E-1. TEXAS WORKING OFF-CAMPUS: REINFORCING KNOWLEDGE |
|
AND SKILLS (WORKS) INTERNSHIP PROGRAM |
|
Sec. 56.0851. DEFINITIONS. In this subchapter: |
|
(1) "Coordinating board" means the Texas Higher |
|
Education Coordinating Board. |
|
(2) "Eligible wages" means gross wages paid to an |
|
individual student, not to exceed the amount approved by the |
|
coordinating board. |
|
(3) "Program" or "Texas WORKS internship program" |
|
means the Texas Working Off-Campus: Reinforcing Knowledge and |
|
Skills (WORKS) Internship Program. |
|
Sec. 56.0852. PROGRAM NAME. The student financial |
|
assistance program authorized by this subchapter shall be known as |
|
the Texas Working Off-Campus: Reinforcing Knowledge and Skills |
|
(WORKS) Internship Program. |
|
Sec. 56.0853. PURPOSE. The purpose of this subchapter is to |
|
provide jobs funded in part by the State of Texas to eligible |
|
students with financial need to enable those students to attend |
|
eligible public or private institutions of higher education in |
|
Texas. |
|
Sec. 56.0854. ADMINISTRATIVE AUTHORITY. (a) The |
|
coordinating board shall administer the program and collaborate |
|
with eligible institutions and employers to provide eligible |
|
students with part-time employment funded in part by the state. |
|
(b) State support for the program may not exceed the amount |
|
specified by appropriation. |
|
(c) The coordinating board shall establish criteria to |
|
ensure that: |
|
(1) each eligible employer has demonstrated the |
|
administrative and financial capacity to carry out the employer's |
|
responsibilities under the program, including the ability to pay |
|
full wages and benefits to a student employed through the program; |
|
and |
|
(2) a participating employer is reimbursed under the |
|
program at the rate established by the coordinating board only for |
|
fully paid eligible wages. |
|
(d) The coordinating board shall develop a standard |
|
contract establishing the roles and responsibilities of eligible |
|
employers. The coordinating board shall use the standard contract |
|
as a model for the memorandum of understanding that the |
|
coordinating board will require for participation in the program. |
|
(e) The coordinating board shall reimburse an eligible |
|
employer at a rate established by the coordinating board for the |
|
eligible wages paid by the employer to a student participating in |
|
the program. |
|
(f) The coordinating board shall establish the rate or rates |
|
at which employers are required to pay students participating in |
|
the program. |
|
(g) The coordinating board may use funds appropriated for |
|
the Texas college work-study program and the Texas WORKS internship |
|
program to establish and maintain an online portal for use by |
|
students and participating entities in fulfilling their |
|
responsibilities for participation in the Texas WORKS internship |
|
program. The coordinating board may use funds appropriated for the |
|
Texas college work-study program and the Texas WORKS internship |
|
program to cover the expenses and personnel costs of administering |
|
and assessing this program. |
|
(h) If funding for the program is insufficient to cover the |
|
cost of all eligible students, priority for funding is based on the |
|
order of application, as determined through coordinating board |
|
rules, as well as any additional priority eligibility criteria |
|
established by coordinating board rules. |
|
Sec. 56.0855. ELIGIBLE INSTITUTION. For purposes of this |
|
subchapter, an eligible institution is: |
|
(1) an institution of higher education, as defined by |
|
Section 61.003; or |
|
(2) a private or independent institution of higher |
|
education, as defined by Section 61.003. |
|
Sec. 56.0856. ELIGIBLE STUDENT. (a) To be eligible for |
|
employment in the program a person must: |
|
(1) be a Texas resident as defined by coordinating |
|
board rules; |
|
(2) be enrolled full-time in an undergraduate degree |
|
or certificate program; |
|
(3) establish financial need in accordance with |
|
coordinating board procedures and rules established for the |
|
program; |
|
(4) meet eligibility criteria established by the |
|
coordinating board; |
|
(5) be eligible for federal financial aid, except that |
|
the person is not required to meet any financial aid need |
|
requirement applicable to a particular federal financial aid |
|
program; and |
|
(6) comply with other requirements adopted by the |
|
coordinating board under this section. |
|
(b) A person is not eligible to participate in the program |
|
if the person: |
|
(1) is receiving an athletic scholarship; |
|
(2) is enrolled in a seminary or other program leading |
|
to ordination or licensure to perform religious duties for a |
|
religious sect or to be a member of a religious order; or |
|
(3) has completed a baccalaureate degree. |
|
(c) The amount of a student's gross wage eligibility under |
|
the program is an amount determined by coordinating board rule, and |
|
funds received by students as eligible wages under the program are |
|
not considered as financial aid for the academic year in which they |
|
are earned. |
|
Sec. 56.0857. ELIGIBLE EMPLOYER. (a) The coordinating |
|
board may enter into agreements with employers that participate in |
|
the program. |
|
(b) To be eligible to enter into an agreement with the |
|
coordinating board to participate in the program, an employer must: |
|
(1) be a private nonprofit or for-profit entity or a |
|
governmental entity, other than an eligible institution or a career |
|
school or college as defined by Section 132.001; |
|
(2) enter into a memorandum of understanding with the |
|
coordinating board; |
|
(3) provide part-time employment to an eligible |
|
student in nonpartisan and nonsectarian activities that relate to |
|
the student's long-term career interests; |
|
(4) use program positions only to supplement and not |
|
to supplant positions normally filled by persons not eligible to |
|
participate in the program; |
|
(5) provide the entirety of an employed student's |
|
wages and employee benefits; |
|
(6) submit only eligible wages to the coordinating |
|
board for reimbursement; |
|
(7) use a wage rate established by the coordinating |
|
board; |
|
(8) meet eligibility criteria established by the |
|
coordinating board; and |
|
(9) comply with other requirements adopted by the |
|
coordinating board under this section. |
|
Sec. 56.0858. ADOPTION AND DISTRIBUTION OF RULES. (a) The |
|
coordinating board may adopt reasonable rules, consistent with the |
|
purposes and policies of this subchapter, to enforce the |
|
requirements, conditions, and limitations provided by this |
|
subchapter. |
|
(b) The coordinating board shall adopt rules necessary to |
|
ensure compliance with the Civil Rights Act of 1964, Title VI (Pub. |
|
L. No. 88-352), concerning nondiscrimination in admissions or |
|
employment. |
|
(c) The coordinating board shall distribute to each |
|
eligible institution copies of the rules adopted under this |
|
subchapter. |
|
Sec. 56.0859. ONLINE LIST OF TEXAS WORKS EMPLOYMENT |
|
OPPORTUNITIES. The coordinating board shall: |
|
(1) establish and maintain an online listing of Texas |
|
WORKS internship program employment opportunities available to |
|
students, sortable by department, as appropriate; and |
|
(2) ensure that the list is easily accessible to the |
|
public through a clearly identifiable link that appears in a |
|
prominent place on the coordinating board's Internet website. |
|
SECTION 5. Section 56.076(b), Education Code, is repealed. |
|
SECTION 6. (a) As soon as practicable after the effective |
|
date of this Act, the commissioner of the Texas Higher Education |
|
Coordinating Board shall develop the rules and procedures necessary |
|
for the implementation of Subchapter E-1, Chapter 56, Education |
|
Code, as added by this Act. |
|
(b) The changes in law made by this Act apply beginning with |
|
the 2017 fall semester. |
|
SECTION 7. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2017. |