By: Bettencourt, West  S.B. No. 1622          (In the Senate - Filed March 11, 2021; March 24, 2021, read   first time and referred to Committee on Higher Education;   May 3, 2021, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 9, Nays 0; May 3, 2021, sent   to printer.)     COMMITTEE SUBSTITUTE FOR S.B. No. 1622 By:  Birdwell     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 optimize information   and other resources as necessary to:                (1)  align career education and training programs to   workforce demands;                (2)  provide residents of the state with timely and   accurate information needed to plan education and workforce   pathways; and                (3)  enable local and state policy makers to evaluate   the effectiveness of 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 staff and other   resources to the initiative 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.  UNIFIED WORKFORCE DATA REPOSITORY. (a)   The agency, coordinating board, and commission shall use the   P-20/Workforce Data Repository established under Section   1.005(j-1), Education Code, as the central repository of career and   education data. The agency, coordinating board, and commission   shall regularly review the data collected by the respective agency   and incorporate into the repository data determined by the   executive officer of that agency to be integral to the state   workforce development goals and the strategies for achieving those   goals developed under Section 2308A.006.          (b)  Any data or reports made accessible to the public under   the initiative must comply with applicable state and federal laws   governing use of and access to the data.          (c)  Where applicable, the agency, coordinating board, and   commission shall ensure that records deposited in the repository   are automatically matched at the student level on a timely basis to   ensure that the agency, coordinating board, and commission and   other entities authorized to access the repository have timely   information to support higher education and workforce application,   entry, and success.          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 living 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.          (f)  Not later than June 1, 2022, the commissioner of   education, commissioner of higher education, and chair of the   commission jointly shall make recommendations regarding the   development of a modern and publicly accessible job skills   inventory for public and private sector jobs in the state,   including recommendations on:                (1)  cataloging worker skills and matching those skills   to public and private sector jobs in the state;                (2)  creating skills profiles for all jobs and career   pathways designated under Subsection (e) that are vital to the   state; and                (3)  identifying skills and competencies offered by   each career education and training program in the state.          (g)  Subsection (f) and this subsection expire September 1,   2023.          Sec. 2308A.007.  CREDENTIAL LIBRARY. (a) The agency,   coordinating board, and commission jointly shall 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 agency, coordinating board, and commission jointly   shall designate a host agency or operating entity for the   credential library.          (c)  The credential library must be updated at least once per   year.          Sec. 2308A.008.  INTERNET-BASED RESOURCES. (a) The agency,   coordinating board, and commission shall cooperatively establish   Internet-based resources for the initiative.  The resources must   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 living 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)  The agency, coordinating board, and commission jointly   shall:                (1)  solicit public comment on the usefulness of the   initiative's Internet-based resources; and                (2)  in January of each even-numbered year, publish a   summary of the initiative's Internet-based resources, including   actions taken to increase the usefulness of those resources or   address comments received under Subdivision (1).          Sec. 2308A.009.  STUDENT SUCCESS REPORTING. (a) The   agency, coordinating board, and commission shall coordinate data   collection and matching necessary to provide information to each   public school and institution of higher education 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, such as degree and credential   completion, employment status and industry of employment, and   earnings over time.          (b)  The commissioner of education, commissioner of higher   education, and chair of the commission shall ensure that the   information provided under Subsection (a) is provided in a manner   that complies with applicable state or federal law regarding the   privacy and confidentiality of student information.          (c)  In January of each even-numbered year, the commissioner   of education, commissioner of higher education, and chair of the   commission jointly shall prepare, submit to the legislature, and   post on the initiative's and each respective agency's Internet   website a report on the impact of career education and training   programs on student success and the state workforce development   goals.          Sec. 2308A.010.  OPPORTUNITY FOR COMMENT. At least 30 days   before finalizing state workforce development goals, strategies   for achieving those goals developed under Section 2308A.006, or a   report under Section 2308A.009, the agency, coordinating board, and   commission jointly shall post on the initiative's and each   respective agency's Internet website the proposed goals,   strategies, or report and instructions for submitting comment on   those items to the agencies.          Sec. 2308A.011.  SECURE PORTAL. (a) For purposes of state   and local planning, program evaluation, and continuous improvement   of local and regional education and workforce practices, the   agency, coordinating board, and commission jointly shall establish   and support 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.          (b)  The agency, coordinating board, and commission jointly   shall develop role-based security protocols that ensure the privacy   and confidentiality of information made accessible through the   secure portal in a manner that complies with any applicable state or   federal law.          Sec. 2308A.012.  EMPLOYER RECOGNITION. (a) The governor   may award a Talent for Texas Champions Governor's Award to   recognize leading employers in the state who are contributing to   workforce improvement by supporting priority job training,   reskilling, and upskilling programs and whose contributions align   with strategic priorities for the state, including helping to meet   regional workforce demands and enabling more residents of the state   to attain jobs that pay a living wage.          (b)  The agency, coordinating board, and commission jointly   shall nominate employers for the award under this section.          Sec. 2308A.013.  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)  The agency, coordinating board, and commission jointly   shall submit to the governor and the standing legislative   committees with jurisdiction over state financial alignment   efforts a biennial report on how federal and state funding for   career education and training programs are being spent in   accordance with the state workforce development goals.          (c)  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.014.  LIVING WAGE. The agency, coordinating   board, and commission jointly shall determine for each county the   wage that constitutes a living 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.015.  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)   The commission shall work in consultation with employers as   provided by this section to enhance and improve 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)  The commission, in consultation with employers and   human resource technology providers, shall develop viable data   priorities and standards for reporting and collecting enhanced wage   filings described by Subsection (a).          (c)  Not later than September 1 of each even-numbered year,   the commission shall prepare and submit to the legislature and post   on the commission's Internet website a report on employer   participation in the enhanced wage filings described by Subsection   (a), a cost-benefit analysis on the enhanced wage filings to the   workforce planning process in the state, and any recommendations   for legislative or other action to improve the enhanced wage   filings.          (d)  Not later than January 1, 2022, the commission shall   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.          (e)  Not later than September 1, 2022, the commission shall   submit to the legislature a report on the results of the pilot   program and any recommendations for legislative or other action.          (f)  Subsections (d) and (e) 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 January 1, 2024, the Texas   Education Agency, Texas Higher Education Coordinating Board, and   Texas Workforce Commission shall establish the credential library   required under Section 2308A.007, Government Code, as added by this   Act.          SECTION 7.  (a)  Not later than September 1, 2022, the Texas   Workforce Commission shall develop the data priorities and   standards for reporting and collecting enhanced wage filings as   required under Section 204.0025(b), Labor Code, as added by this   Act.          (b)  Not later than September 1, 2024, the Texas Workforce   Commission shall submit the commission's initial report required   under Section 204.0025(c), Labor Code, as added by this Act.          SECTION 8.  (a)  The Texas Education Agency, Texas Higher   Education Coordinating Board, and Texas Workforce Commission are   required to implement Chapter 2308A, Government Code, as added by   this Act, only if:                (1)  the legislature appropriates funds for that   purpose;                (2)  federal funding is provided to the agencies for   that purpose as part of any federal coronavirus disease (COVID-19)   relief spending; or                (3)  the agencies receive gifts, grants, or donations   for that purpose under Section 2308A.015, 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, Texas   Higher Education Coordinating Board, and Texas Workforce   Commission may, but are not required to, implement Chapter 2308A,   Government Code, as added by this Act, using other money available   to the agencies for that purpose.          SECTION 9.  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 10.  This Act takes effect September 1, 2021.     * * * * *