89R21358 KJE-F     By: VanDeaver, King, Ward Johnson, Kitzman H.B. No. 2110     Substitute the following for H.B. No. 2110:     By:  Wilson C.S.H.B. No. 2110       A BILL TO BE ENTITLED   AN ACT   relating to public higher education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 28.0095(c), (e), and (f), Education   Code, are amended to read as follows:          (c)  A student is eligible to enroll at no cost in a dual   credit course under the program if the student:                (1)  is enrolled:                      (A)  in a grade level from 9 through 12 [high   school] in a school district or charter school; and                      (B)  in a dual credit course at a participating   institution of higher education; and                (2)  was educationally disadvantaged at any time   during:                      (A)  the school year in which the student enrolls   in the dual credit course described by Subdivision (1)(B); or                      (B)  the four school years preceding the student's   enrollment in the dual credit course described by Subdivision   (1)(B).          (e)  Each school district or charter school shall:                (1)  on the [a high school student's] enrollment of a   student in a grade level from 9 through 12 in a dual credit course,   determine whether the student meets the criteria for the program   under Subsection (c)(2); and                (2)  notify the institution of higher education that   offers the dual credit course in which the student is enrolled of   the district's or school's determination under Subdivision (1).          (f)  A school district or charter school may make the   determination under Subsection (e)(1) based on the district's or   school's records, the agency's records, or any other method   authorized by commissioner or coordinating board rule.  If the   district or school bases the determination on a method other than   the agency's records, the district or school shall report the   method used and the data on which the method is based to the agency   for purposes of verification. The agency shall make available to   school districts and charter schools any available and relevant   data for making the determination required under Subsection (e)(1).          SECTION 2.  Section 61.003(2), Education Code, is amended to   read as follows:                (2)  "Public junior college" means any junior college   associated with a junior college district described by Subchapter   J, Chapter 130 [listed as a public junior college in accordance with   Section 61.063].          SECTION 3.  Subchapter B, Chapter 61, Education Code, is   amended by adding Section 61.0275 to read as follows:          Sec. 61.0275.  ADOPTION BY REFERENCE. The board may adopt by   reference a manual or policy document as a rule.          SECTION 4.  Section 130A.005, Education Code, is amended by   adding Subsection (d) to read as follows:          (d)  The coordinating board may use the emergency rulemaking   procedures established under Section 2001.034, Government Code, to   adopt rules necessary to align the funding formulas under this   chapter with appropriations or other legislative action. The   coordinating board is not required to make the finding described by   Section 2001.034(a), Government Code, to adopt rules under this   subsection.          SECTION 5.  Section 130A.101(c), Education Code, is amended   to read as follows:          (c)  The measurable outcomes considered for purposes of   performance tier funding are:                (1)  the number of credentials of value awarded, as   determined by the coordinating board based on analyses of wages and   costs associated with the credential, including degrees,   certificates, and other credentials from credit and non-credit   programs that equip students for continued learning and greater   earnings in the state economy, with an additional weight for   placement of students who earn that credential in a high-demand   occupation, as defined by coordinating board rule, or an   appropriate proxy determined by the coordinating board based on   available data;                (2)  the number of students who earn at least 15   semester credit hours or the equivalent at the junior college   district and:                      (A)  subsequently transfer to:                            (i)  a general academic teaching   institution, as that term is defined by Section 61.003; or                            (ii)  a private or independent institution   of higher education, as that term is defined by Section 61.003, that   offers four-year degree programs; or                      (B)  are enrolled in a structured co-enrollment   program, as authorized by coordinating board rule; and                (3)  the number of students who complete a sequence of   at least 15 semester credit hours or the equivalent for dual credit   or dual enrollment courses, as defined by coordinating board rule,   that apply toward academic or workforce program requirements at the   postsecondary level.          SECTION 6.  Subchapter C, Chapter 130A, Education Code, is   amended by adding Section 130A.102 to read as follows:          Sec. 130A.102.  CREDENTIALS OF VALUE.  (a)  For purposes of   Section 130A.101(c)(1), the coordinating board shall designate a   credential as a credential of value if the credential:                (1)  provides a positive return on investment for a   student who received the credential, as measured by earning or   being expected to earn cumulative wages at least equal to the   cumulative median earnings for high school graduates in this state   and earning at least the individual self-sufficient wage, as   defined by coordinating board rule, during the period specified by   coordinating board rule but not more than 10 years after the date on   which the credential is received; and                (2)  allows a student who received the credential to   recoup the net cost of attendance at a public junior college,   including opportunity cost, where:                      (A)  the net cost of attendance is the net cost of   attendance used for purposes of financial aid at the college less   any aid received by the student; and                      (B)  opportunity cost is the difference between   cumulative median earnings for high school graduates in this state   and cumulative median earnings for students while enrolled in the   certificate or degree program leading to the credential for:                            (i)  a period of two years for an associate   degree program;                            (ii)  a period of four years for a   baccalaureate degree program; and                            (iii)  a period determined by coordinating   board rule based on the program's design for a certificate or degree   program not described by Subparagraph (i) or (ii).          (b)  The coordinating board shall calculate the return on   investment for a credential under Subsection (a)(1) using the most   current data available to the coordinating board from:                (1)  the integrated postsecondary education data   system maintained by the National Center for Education Statistics;                (2)  wage records obtained from the Texas Workforce   Commission;                (3)  the American Community Survey by the United States   Census Bureau;                (4)  the coordinating board's data reporting systems;   or                (5)  other data sources selected by the coordinating   board.          (c)  In adopting a definition of individual self-sufficient   wage for purposes of Subsection (a)(1), the coordinating board   shall ensure the definition is correlated with the statewide median   of the self-sufficient wage determined under Section 2308A.012,   Government Code.          (d)  The coordinating board may designate a credential in   education or health care as a credential of value regardless of   whether the credential meets the criteria under Subsection (a) if   the coordinating board determines the designation is necessary to   ensure the workforce needs of this state are met in those fields.          (e)  The coordinating board shall adopt rules as necessary to   implement this section in alignment with the long-range master plan   for higher education in this state developed under Section   61.051(a-1).          SECTION 7.  Chapter 2308A, Government Code, is amended by   adding Section 2308A.0115 to read as follows:          Sec. 2308A.0115.  COORDINATION OF GRANT PROGRAMS FOR   SECONDARY AND POSTSECONDARY CAREER AND TECHNICAL EDUCATION   PROGRAMS. (a) For the establishment, implementation, and expansion   of secondary and postsecondary career and technical education   programs that are aligned with the state workforce development   goals, the agency, coordinating board, and commission shall   coordinate the competitive grant programs for those programs,   including:                (1)  the Jobs and Education for Texans (JET) Grant   Program under Chapter 134, Education Code;                (2)  the grant program established under the Pathways   in Technology Early College High School (P-TECH) program under   Section 29.556, Education Code;                (3)  the Texas Reskilling and Upskilling through   Education (TRUE) Program established under Subchapter T-2, Chapter   61, Education Code; and                (4)  federal career and technical education grant   programs, including grant programs under the Carl D. Perkins Career   and Technical Education Act of 2006 (20 U.S.C. Section 2301 et   seq.).          (b)  In coordinating grant programs under Subsection (a),   the agency, coordinating board, and commission shall jointly:                (1)  address career and technical education program   startup and delivery costs by aligning two or more grant funding   streams;                (2)  identify and work to reduce duplication in grant   programs across the agency, coordinating board, and commission;                (3)  identify opportunities to structure grant funding   for career and technical education projects that support   secondary-to-postsecondary career pathways, including by providing   for career and technical education dual credit or the attainment of   postsecondary credentials by secondary students;                 (4)  identify opportunities to structure grant funding   for career and technical education projects that are:                      (A)  aligned with the attainment of credentials of   value, as designated by the coordinating board for purposes of   Section 130A.101(c)(1), Education Code; and                      (B)  designed to meet state workforce needs in   high-demand fields; and                (5)  to the extent possible, prioritize comprehensive   funding of facilities, equipment, instructional materials, and   faculty and staff for program development and delivery to best meet   the state workforce development goals.          SECTION 8.  Section 204.0025, Labor Code, is amended to read   as follows:          Sec. 204.0025.  ADDITIONAL WORKFORCE DATA REPORTING. The   commission shall [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 wage, industry, occupational field, full-time and   part-time status, county of primary employment, remote work status,   [occupation] and other important employment information necessary   to conduct the assessment required under Section 302.0205 [that   would improve the state's labor market information].          SECTION 9.  Subchapter A, Chapter 302, Labor Code, is   amended by adding Section 302.0205 to read as follows:          Sec. 302.0205.  REGIONAL LABOR DEMAND ASSESSMENT. (a) In   this section, "institution of higher education" has the meaning   assigned by Section 61.003, Education Code.          (b)  The commission shall conduct a biennial assessment of   available regional labor demands across this state using the best   available state and federal labor market data, as determined by the   commission, to allow institutions of higher education to better   align educational programs with workforce needs. The assessment   must:                (1)  analyze current and projected workforce needs in   each region of this state over a 10-year period, disaggregated to   the extent possible by wage, industry, occupational field,   full-time and part-time status, county of primary employment, and   remote work status; and                (2)  identify for each region and county of this state   the industries and occupations that lead to an individual   self-sufficient wage, as defined by Texas Higher Education   Coordinating Board rule in accordance with Section 130A.102,   Education Code.          (c)  The commission may coordinate with other state   agencies, including the Texas Higher Education Coordinating Board   and the Texas Education Agency, to conduct the assessment under   this section.          (d)  In conducting the assessment under this section, the   commission may:                (1)  obtain any data the commission is authorized by   law to obtain from a state or federal agency or institution of   higher education at no cost to the commission;                (2)  obtain expedited access at no cost to the   commission to data available through a center for education   research established under Section 1.005, Education Code; and                (3)  contract with a state agency or institution of   higher education to conduct or assist in conducting the assessment.          (e)  If the commission contracts with an institution of   higher education to conduct or assist in conducting the assessment   under Subsection (d)(3), the Texas Higher Education Coordinating   Board and the Texas Education Agency shall enter into a data sharing   agreement with the institution to provide to the institution any   data necessary to conduct the assessment.          (f)  Not later than March 1 of each odd-numbered year, the   commission shall provide the results of the assessment to:                (1)  the governor;                (2)  the lieutenant governor;                (3)  the speaker of the house of representatives;                (4)  the standing legislative committees with primary   jurisdiction over higher education;                (5)  the Texas Higher Education Coordinating Board;                (6)  the Texas Education Agency;                (7)  institutions of higher education; and                (8)  public schools.          SECTION 10.  Section 28.0095, Education Code, as amended by   this Act, applies beginning with the 2025-2026 school year.          SECTION 11.  Not later than December 1, 2026, the Texas   Higher Education Coordinating Board shall evaluate the data   available under Section 204.0025, Labor Code, as amended by this   Act, to identify the effects of transitioning to a county-by-county   definition of individual self-sufficient wage for purposes of   Section 130A.102, Education Code, as added by this Act.          SECTION 12.  (a)  Section 130A.102, Education Code, as added   by this Act, applies to associate degrees awarded by a public junior   college beginning with the 2025-2026 academic year.  That section   applies to other degrees and certificates awarded by a public   junior college beginning with the 2027-2028 academic year.          (b)  Not later than August 1, 2027, the Texas Higher   Education Coordinating Board, in consultation with the standing   advisory committee established under Section 130.001, Education   Code, shall adopt rules implementing Section 130A.102, Education   Code, as added by this Act, for each certificate program offered by   a public junior college.          SECTION 13.  (a) Except as provided by Subsection (b) of this   section, 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, 2025.          (b)  Section 130A.101(c), Education Code, as amended by this   Act, and Section 130A.102, Education Code, as added by this Act,   take effect September 1, 2025.