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  H.B. No. 3938
 
 
 
 
AN ACT
  relating to the establishment of the industry-based certification
  advisory council and the transfer of certain duties to that
  advisory council.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 4, Labor Code, is amended by
  adding Chapter 312 to read as follows:
  CHAPTER 312. INDUSTRY-BASED CERTIFICATION ADVISORY COUNCIL
         Sec. 312.001.  DEFINITION. In this chapter, "advisory
  council" means the industry-based certification advisory council
  established under this chapter.
         Sec. 312.002.  ADVISORY COUNCIL. (a) The industry-based
  certification advisory council is established to advise the
  commission regarding the alignment of public high school career and
  technology education programs with current and future workforce
  needs in communities, regions, and the state.
         (b)  The advisory council is composed of the following nine
  members:
               (1)  three members representing industry in this state,
  one each appointed by the governor, the lieutenant governor, and
  the speaker of the house of representatives;
               (2)  three members representing public school teachers
  who teach career and technology education courses or public school
  administrators, one each appointed by the governor, the lieutenant
  governor, and the speaker of the house of representatives; and
               (3)  three members representing a public junior
  college, public state college, or public technical institute, as
  those terms are defined by Section 61.003, Education Code, one each
  appointed by the governor, the lieutenant governor, and the speaker
  of the house of representatives.
         (c)  The members of the advisory council serve staggered
  four-year terms, with the terms of either four or five members
  expiring February 1 of each odd-numbered year.
         (c-1)  Notwithstanding Subsection (c), the initial members
  appointed shall determine by lot which four of the nine initial
  members will serve terms that expire February 1, 2023, and which
  five of the nine initial members will serve terms that expire
  February 1, 2025. This subsection expires January 1, 2026.
         (d)  A vacancy on the advisory council shall be filled in the
  same manner as the original appointment for that position.
         (e)  A member of the advisory council is not entitled to
  compensation for service as a member of the advisory council but is
  entitled to reimbursement for actual and necessary travel expenses
  incurred in performing functions as a member of the advisory
  council, as provided in the General Appropriations Act.
         (f)  Using existing resources, the commission shall provide
  administrative and staff support for the advisory council.
         SECTION 2.  Section 29.189, Education Code, is transferred
  to Chapter 312, Labor Code, as added by this Act, redesignated as
  Section 312.003, Labor Code, and amended to read as follows:
         Sec. 312.003.  [Sec. 29.189.] INVENTORY OF CREDENTIALS AND
  CERTIFICATES. (a) The advisory council [In this section:
               [(1)  "Commission" means the Texas Workforce
  Commission.
               [(2)  "Coordinating board" means the Texas Higher
  Education Coordinating Board.
         [(b)  The agency, the coordinating board, and the
  commission] shall [jointly] develop [and post on their respective
  Internet websites] an inventory of industry-recognized credentials
  and certificates that may be earned by a public high school student
  through a career and technology education program and that:
               (1)  are aligned to state and regional workforce needs;
  and
               (2)  serve as an entry point to middle- and high-wage
  jobs.
         (b) [(c)]  The inventory must include for each credential or
  certificate:
               (1)  the associated career cluster;
               (2)  the awarding entity;
               (3)  the level of education required and any additional
  requirements for the credential or certificate;
               (4)  any fees for obtaining the credential or
  certificate; and
               (5)  the average wage or salary for jobs that require or
  prefer the credential or certificate.
         (c)  In developing the inventory, the advisory council may
  consult with local workforce boards, the Texas Workforce Investment
  Council, the Texas Economic Development and Tourism Office, and the
  Texas Higher Education Coordinating Board.
         (d)  The advisory council shall establish a process for
  developing the inventory, including the criteria for the inclusion
  of a credential or certificate in the inventory.
         (e)  The advisory council shall annually review and revise
  the inventory.
         (f)  Each year, [the agency, the coordinating board, and] the
  commission [jointly] shall:
               (1)  adopt [review] and, if necessary, review [update]
  the inventory; and
               (2)  provide a copy of the inventory to the Texas
  Education Agency and to each school district and public institution
  of higher education that offers a career and technology education
  program to public high school students.
         SECTION 3.  As soon as practicable after the effective date
  of this Act but not later than January 1, 2022, the industry-based
  certification advisory council established under Chapter 312,
  Labor Code, as added by this Act, shall develop the initial
  inventory required under that chapter.
         SECTION 4.  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, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3938 was passed by the House on April
  28, 2021, by the following vote:  Yeas 145, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3938 on May 28, 2021, by the following vote:  Yeas 148, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3938 was passed by the Senate, with
  amendments, on May 25, 2021, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor