H.B. No. 3767         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 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