87R11719 KJE-F     By: Bettencourt S.B. No. 1622       A BILL TO BE ENTITLED   AN ACT   relating to measures to support workforce development in the state,   including the establishment of the Tri-Agency Workforce Initiative   and additional employer workforce data reporting.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 or an institution of higher education;                       (B)  a program administered by the commission   relating to jobs training, skills development, or adult education   and literacy; and                      (C)  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)  "Fund" means the Tri-Agency Workforce Initiative   Fund established under Section 2308A.017.                (6)  "Initiative" means the Tri-Agency Workforce   Initiative.                (7)  "Institution of higher education" has the meaning   assigned by Section 61.003, Education Code.                (8)  "State workforce development goals" means the   state workforce development goals adopted 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 policymakers to evaluate   the effectiveness of career education and training programs and   progress toward the state workforce development goals.           Sec. 2308A.003.  INTERAGENCY AGREEMENT AND STAFFING. (a)   The agency, coordinating board, and commission shall enter into an   interagency agreement establishing policies and processes for:                (1)  sharing and cooperatively managing education and   workforce information collected by each respective agency; and                (2)  sharing staff, including colocation of staff   assigned to the initiative on a full-time basis, and other   resources necessary to effectuate the state workforce development   goals and the strategies for achieving those goals adopted under   Section 2308A.006.          (b)  The policies and processes established in the agreement   under Subsection (a) must ensure that data collected by the agency,   coordinating board, or commission is matched at the student level   and made available for use in accordance with this chapter.          (c)  A full-time equivalent employee of the agency,   coordinating board, or commission whose time and effort are   dedicated exclusively to supporting the work of the initiative is   not included in the calculation of the number of full-time   equivalent employees allotted to the respective agency under other   law.          Sec. 2308A.004.  QUARTERLY MEETINGS. The agency,   coordinating board, and commission shall meet at least once each   quarter to conduct the business of the initiative.          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. After a comprehensive review of data collected by   the respective agency, the agency, coordinating board, and   commission shall incorporate into the repository all 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 adopted under Section 2308A.006.          (b)  Any data or reports made accessible to the public under   the initiative must comply with rules adopted under Section 1.006,   Education Code, to ensure the appropriate use of data in the   repository, including compliance with applicable state and federal   laws governing use of and access to the data.           (c)  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, the coordinating board, and the commission and each school   district, institution of higher education, and workforce entity   authorized to access the repository has timely information to   support higher education and workforce application, entry, and   success.          Sec. 2308A.006.  STATE WORKFORCE DEVELOPMENT GOALS AND   STRATEGIES. (a) The agency, coordinating board, and commission   jointly shall adopt 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 adopted under Subsection (a) must:                (1)  include goals for the attainment of employment in   jobs that pay a living wage for all career education and training   programs in the state;                (2)  be disaggregated by race, ethnicity, and gender   for each workforce development region; and                (3)  provide for:                      (A)  locally determined priorities consistent   with state goals; and                      (B)  collaborative planning and coordination with   public schools, institutions of higher education, and local   workforce development boards.          (c)  The strategies adopted under Subsection (a) must:                (1)  include strategies for expanding work-based   learning;                (2)  articulate the ways in which the state can best   leverage federal funding; and                (3)  be demonstrably guided by:                      (A)  education and workforce data sets matched at   the student level;                      (B)  performance evaluation measures, including   return on investment formulas; and                      (C)  prioritized occupational classifications,   including all target occupations and critical career pathways   designated under Subsection (e).          (d)  The agency, coordinating board, and commission jointly   shall update the state workforce development goals and strategies   adopted under Subsection (a) at least every four years, or more   frequently if needed to reflect available data and circumstances.          (e)  The agency, coordinating board, and 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 attractive skills and careers   expected to grow in the state that may:                      (A)  be associated with new emerging industries or   new specialty occupations within an industry; or                      (B)  reflect lateral 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 agency, coordinating   board, and commission jointly shall make recommendations regarding   the development of a modernized and expanded job skills inventory   for the state that classifies and matches evolving skills in a   rapidly changing economy to career education and training programs   and career pathways designated under Subsection (e) that are most   important to the state. This subsection expires September 1, 2022.          Sec. 2308A.007.  CREDENTIAL LIBRARY. (a) The agency,   coordinating board, and commission jointly shall establish a   web-based library of credentials issued by any public or private   entity that are:                (1)  aligned with recognized skills and industry   standards;                 (2)  available to residents of the state; and                (3)  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. The host agency or operating entity shall   perform trend and utilization analysis for each credential in the   library to determine the credential's value in the state labor   force.          Sec. 2308A.008.  ADMINISTRATIVE SUPPORT. The Texas   Workforce Investment Council shall provide administrative support,   including resources and staff, for the initiative.          Sec. 2308A.009.  INTERNET WEBSITE. (a) The agency,   coordinating board, and commission shall cooperatively establish a   central Internet website for the initiative that contains publicly   accessible career and workforce information. The Internet website   must include:                (1)  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;                (2)  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 for the first, fifth, and tenth years after   completing the program on:                      (A)  degree and credential attainment;                      (B)  employment status and industry of   employment; and                      (C)  median earnings;                (3)  analytical tools and guidance supporting the use   of data on the dashboard described by Subdivision (1) for greater   accessibility for a wide range of public, practitioner, and   legislative users;                (4)  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 near-term education   and training opportunities related to the resident's career   interests;                      (C)  engage in longer-term career planning; and                      (D)  connect to available jobs through existing   job matching websites;                (5)  tools enabling the secure interagency sharing of   information in order to seamlessly refer a website visitor at the   visitor's election to tailored career navigation, support, and   training resources;                (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; and                (7)  data necessary to demonstrate return on investment   for each career education and training program, including:                      (A)  state and local costs;                      (B)  costs to the student; and                      (C)  student salary at the first, fifth, and tenth   years after completing the program.          (b)  The agency, coordinating board, and commission jointly   shall:                (1)  in September of each year, solicit public comment   on the usefulness of the initiative's Internet website; and                (2)  in December of each year, publish:                      (A)  a summary of actions taken to address   comments received under Subdivision (1); and                      (B)  trend data regarding the use of the   initiative's Internet website.          Sec. 2308A.010.  PERFORMANCE REPORTING. (a) The agency,   coordinating board, and commission shall coordinate data   collection and matching necessary to evaluate career education and   training programs, in accordance with progress measures jointly   adopted by the agency, coordinating board, and commission, with   respect to:                (1)  the aggregate impact of the programs on the state   workforce development goals; and                (2)  return on investment for each program with respect   to the program's discrete impact on the state workforce development   goals, including a comparison of employment status, occupation, and   salary for each student before participating in the program and at   the first, fifth, and tenth years after completing the program.          (b)  Not later than September 1 of each even-numbered year,   the agency, coordinating board, and commission jointly shall   prepare, submit to the legislature, and post on the initiative's   and each respective agency's Internet website a report evaluating   the impact of career and education training programs on the state   workforce development goals with respect to the progress measures   described by Subsection (a).          Sec. 2308A.011.  PUBLIC COMMENT. At least 30 days before   adopting state workforce development goals, strategies for meeting   those goals under Section 2308A.006, or a performance report under   Section 2308A.010, 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 performance   report and instructions for submitting public comment on those   items.          Sec. 2308A.012.  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   progression toward living-wage employment for residents of the   state.          (b)  The agency, coordinating board, and commission jointly   shall adopt 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.013.  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.014.  STATEWIDE CAREER INTERMEDIARY COUNCIL. (a)   In this section, "council" means the statewide career intermediary   council established under this section.          (b)  The agency, coordinating board, and commission jointly   shall establish a statewide career intermediary council to assist   the initiative in achieving the purposes of this chapter.          (c)  The council consists of three members, with one member   appointed by the commissioner of education, one member appointed by   the commissioner of higher education, and one member appointed by   the chair of the commission.           (d)  In making appointments to the council, the appointing   officers shall coordinate as necessary to ensure that at least one   member is a representative of a nonprofit organization that   provides support services to students transitioning from secondary   to postsecondary education or to participants in job training   programs.          (e)  A vacancy on the council is filled in the same manner as   the initial appointment.          (f)  Chapters 2110 and 2254, Government Code, do not apply to   the appointment of members to the council.          (g)  The council shall:                (1)  identify ways in which career education and   training program providers and employers in the state can   communicate more effectively with students, trainees, and   employees, using common terminology and definitions of skills sets   that match credentials required for attractive jobs;                (2)  interpret how effectively labor market demand   information is being used to help:                      (A)  employers in the state to identify hire-ready   credentials; and                      (B)  job applicants to understand what skills they   already have;                (3)  suggest improvements to the state workforce   development goals and the progress measures adopted under Section   2308A.010; and                (4)  examine existing regional workforce   intermediaries for the purpose of recognizing successful efforts   and scaling best practices of those intermediaries to regions   across the state, using the following measures:                      (A)  identifying and expanding lower-cost,   shorter-term training opportunities;                      (B)  providing simpler pathways for residents of   the state to attain jobs that pay a living wage, with a focus on   advising, apprenticeships, and internships; and                      (C)  successfully recruiting and coordinating   partners such as employers, workforce training programs,   community-based organizations, postsecondary educational   institutions, and public schools, to expand and align work-based   learning efforts.          (h)  Not later than September 1, 2022, the council shall   submit to the legislature a report summarizing the additional value   provided by the initiative's Internet website, including the   dashboard, tools, secure portal, and guidance described by Section   2308A.009, and any recommendations for legislative or other action   to improve the usefulness of those resources. This subsection   expires September 1, 2023.          Sec. 2308A.015.  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 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.016.  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.017.  TRI-AGENCY WORKFORCE INITIATIVE FUND. (a)   The Tri-Agency Workforce Initiative fund is a special fund in the   state treasury outside the general revenue fund.          (b)  The fund consists of:                (1)  money appropriated by the legislature for deposit   to the credit of the fund;                (2)  gifts to the state for the purposes of the fund;   and                (3)  money directed by law for deposit to the credit of   the fund.          (c)  Money in the fund may be appropriated only for the   purposes of:                (1)  modernizing state data for the initiative;                (2)  planning, staff, or organizational activities of   the initiative; or                (3)  any activities required or allowed under this   chapter to implement the state workforce development goals.          SECTION 2.  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 request that each employer provide to the   commission as part of the employer's routine wage filings under   this subtitle or commission rule and consistent with federal law   and regulations the following workforce data for each employee:                (1)  the standard six-digit occupational   classification code;                (2)  the employee's status as full time or part time or   the hours worked for the job;                (3)  the start date of the employee's current role;                (4)  remote work status;                (5)  job title; and                (6)  end date for an internal role change.          (b)  The commission shall provide a public report on employer   participation in the data reporting requested under Subsection (a)   and a cost-benefit analysis on the data to the workforce planning   process in the state.          SECTION 3.  Not later than October 1, 2021, the Texas   Education Agency, Texas Higher Education Coordinating Board, and   Texas Workforce Commission shall hold the initial meeting required   under Section 2308A.004, Government Code, as added by this Act.          SECTION 4.  (a) Not later than January 31, 2022, the Texas   Education Agency, Texas Higher Education Coordinating Board, and   Texas Workforce Commission shall approve 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 adopt the initial strategies required   under Section 2308A.006, Government Code, as added by this Act.          SECTION 5.  This Act takes effect September 1, 2021.