Part 20.
TEXAS WORKFORCE COMMISSION
Chapter 837.
APPRENTICESHIP TRAINING
The Texas Workforce Commission (Commission) adopts the
repeal
of Chapter 837, relating to Apprenticeship Training in its entirety.
The
repeals
are adopted
without changes
to the proposal as published in the August 20, 2004,
issue of the
Texas Register
(29 TexReg 8083).
Subchapter A, §837.1 and §837.2, concerning General Purpose and
Definitions;
Subchapter B, §837.21 and §837.22, concerning Federal Requirements;
Subchapter C, §§837.41 - 837.44, concerning Funding Notice and
Application Process;
Subchapter D, §§837.61 - 837.65, concerning Funding Qualifications;
Subchapter E, §§837.81 - 837.85, concerning Use of Funds and
Account Maintenance;
Subchapter F, §837.100 and §837.101, concerning Compliance Monitoring;
and
Subchapter G, §§837.121 - 837.125, concerning Reporting Requirements.
The Commission adopts
new
Chapter 837,
relating to Apprenticeship Training Programs,
with
changes
to the proposed text as published in the August 20, 2004, issue
of the
Texas Register
(29 TexReg 8083).
Subchapter A. General Purpose and Definitions, §837.2. Definitions
Subchapter B. Funding, §837.26. Funding Distribution Process, §837.27.
Administrative Costs Limitation
Subchapter C. Compliance Monitoring, §837.42. Corrective Action
The Commission adopts
new
Chapter 837,
relating to Apprenticeship Training Programs,
without
changes
as published in the August 20, 2004, issue of the
Texas Register
(29 TexReg 8083). The text will not be republished.
Subchapter A. General Purpose and Definitions, §837.1
Subchapter B. Funding, §§837.21 - 837.25
Subchapter C. Compliance Monitoring, §837.41
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
A. Purpose
B. Background and Authority
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
PART III. COORDINATION ACTIVITIES
PART IV. PUBLIC COMMENTS AND RESPONSES
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
A. Purpose
The Commission adopts the repeal of Chapter 837 to remove redundant administrative
processes and procedures. The Commission adopts new Chapter 837 to retain
only the provisions required by the Commission and Texas Education Code, Chapter
133, concerning apprenticeship training. These changes will set forth more
clearly the criteria regarding apprenticeship training programs.
B. Background and Authority
The Commission reviewed Texas Education Code, Chapter 133, the statute
governing apprenticeship training; 40 TAC Chapter 837, the existing Commission
rules governing apprenticeship training; and the contract language for apprenticeship
awardees. The proposed new rules streamline and clarify apprenticeship training
program requirements by eliminating language also found in statute or apprenticeship
contracts. Therefore, the following apprenticeship training program requirements
are not proposed in the new rule:
Registration with the Bureau of Apprenticeship and Training
Equal Opportunity Standards
Applications
Contract Amendments
Funding Qualifications for a Related Instruction (Apprentice) Class
Qualifications for Funding a Supplementary Instruction (Journeymen) Class
Allowable Expenditures
Cost Categories
Funding Limitations
Allowable Travel Expenses
Maintenance of Accounts
Apprenticeship Training Class Organization Report for Related Instruction
Class Organization Report for Supplementary (Journeymen) Instruction
Expenditure Reports
Close-out Report
Annual Performance Report
The Commission's new rules eliminate repetitive language and simplify and
shorten Chapter 837.
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
Subchapter A. General Purpose and Definitions
§837.1. Scope and Purpose
The Commission adopts new §837.1, which states the scope and purpose
of new Subchapter A. The intent is to consolidate the provisions of Texas
Education Code, Chapter 133, and eliminate repetition of information.
§837.2. Definitions
The Commission adopts new §837.2 to provide definitions for Administrator's
Guide, apprentice, apprenticeship committee, apprenticeship training program,
Bureau of Apprenticeship and Training, contact-hour rate, and local education
agency, which are not defined in Texas Education Code, Chapter 133, or 40
TAC Chapter 800. Contact-hour rate is defined as a method used for funds distribution.
Subchapter B. Funding
§837.21. Notice of Available Funds
The Commission adopts new §837.21 that states the manner in which
the Commission announces the availability of funds by posting public notice
in a variety of publications in order to reach the broadest audience. New §837.21
also provides the fiscal year dates for apprenticeship training programs.
§837.22. Eligible Applicants
The Commission adopts new §837.22(a), which defines local education
agencies as the entities eligible to apply for apprenticeship funds. New §837.22(b)
establishes the requirements for local education agencies to act as the fiscal
agents for the funds.
§837.23. Local Workforce Development Board Review
The Commission adopts new §837.23 to provide the opportunity for Local
Workforce Development Boards (Boards) to review and comment on applications
for apprenticeship training programs. As set forth in Texas Government Code
Chapter 2308, Boards are responsible for the planning and oversight of all
workforce training and services and the evaluation of all workforce development
programs in the local workforce development areas (workforce areas). The Boards
serve as a single point of contact for local businesses to communicate their
skill needs and influence the direction of all workforce development programs
in the workforce areas. The Commission believes that Board review of the apprenticeship
training program applications will further coordination between Boards and
the apprenticeship training programs.
§837.24. Funding Qualifications for Apprenticeship Training Programs
The Commission adopts new §837.24 to set forth the funding qualifications
for apprenticeship training programs currently set forth in §837.63,
which the Commission adopts to repeal.
§837.25. Priority for Distributing Funds
The Commission adopts new §837.25 to prioritize the distribution of
funds for apprenticeship training classes currently set forth in §837.62,
which the Commission adopts to repeal.
§837.26. Funding Distribution Process
The Commission adopts new §837.26 to identify the funding distribution
process currently set forth in §837.43, which the Commission adopts to
repeal.
§837.27. Administrative Costs Limitation
The Commission adopts new §837.27 to establish an administrative cap
on apprenticeship training program funds as set forth in §837.82, which
the Commission adopts to repeal.
Subchapter C. Compliance Monitoring
§837.41. Program and Fiscal Monitoring
The Commission adopts new §837.41 to stipulate the Agency's monitoring
provisions for the apprenticeship training programs currently set forth in §837.100,
which the Commission adopts to repeal.
§837.42. Corrective Action
The Commission adopts new §837.42 to address corrective action for
noncompliance under 40 TAC §800.174.
PART III. COORDINATION ACTIVITIES
In the development of these rules for publication and public comment, the
Commission sought the involvement of each of Texas' twenty-eight Local Workforce
Development Boards, the Apprenticeship and Training Advisory Committee (ATAC),
the Apprenticeship and Training Association of Texas (ATAT), and several apprenticeship
training programs. The Commission provided the concept brief to each of these
groups for consideration and review. During the rulemaking process, the Commission
considered all information gathered in order to develop a rule that provides
clear and concise direction to all parties involved. In addition, the Commission
held a public hearing on October 18, 2004.
PART IV. PUBLIC COMMENTS AND RESPONSES
Public comments were received from:
1. Felipe Viesca, Dallas, Ft. Worth & North Texas Painters Local Union
No. 53 Joint Apprenticeship and Training
2. A. C. McAfee, North Texas Electrical Joint Apprenticeship and Training
Committee
3. Randy Jennings, CenTex Independent Electrical Contractors, Inc.
4. Lloyd Quinney, Quinney Electric, Inc.
5. Renea Beasley, Independent Electrical Contractors of Texas
6. Marlin K. Daniel, Bexar Electric LTD
7. Mike Benke, Tim Smoot Electric
8. Gary Sodd, Sodd Electric Co., Inc.
9. S. R. Randall, Randall Electric
10. Mark McComas, Fort Worth ISD
11. Tom Jones, Independent Electrical Contractors-Fort Worth/Tarrant County
12. Jacky D. Martin, JBI Electrical Systems, Inc.
13. Marvin J. Jarzombek, Iron Workers Local #66 Joint Apprenticeship Committee
14. Keith F. Hershey, Tower Electric
15. Christopher Bean, Independent Electrical Contractors, Texas Gulf Coast,
Inc.
16. Robert Chambers, Chambers Electric
17. Steve Dement, Joint Apprenticeship & Training Committee of Pipe
Fitters Local Union 21
18. John E. Gray, South Texas Electrical Joint Apprentice and Training
Committee
19. John Garza, Sheet Metal Workers Local 67 Area Joint Apprenticeship
20. Gilbert Peters, Jupiter Electric and Service Co.
21. Gilbert Ferrales, National Electrical Contractors Association
22. Joe D. Hall, Advanced Electric Company
23. Michael Waidley, Beaumont Independent School District
24. Richard Levy, Texas AFL-CIO and the Texas State Building and Construction
Trades Council
25. Robert Cross, Apprenticeship and Training Association of Texas - Houston
26. Eddie Moran, San Antonio Area Plumbers and Pipefitters Joint Apprenticeship
and Training Committee
27. Wayne Kelly, Kel-Tex Electric Inc.
28. John C. Quebe, KenMor Electric Company, LP
29. Ronald C. Kolle
30. Mr. Schultz, Associated Builders and Contractors, South Texas Chapter
31. Bruce Wilson, Sheet Metal Workers Apprenticeship
32. Danny Prosperie, Electrical Training Center
33. Ann Hodge, Chair, Texas Workforce Investment Council
The comment summaries and responses are as follows:
§837.2 DEFINITIONS
COMMENT: Several commenters stated that key language in the definitions
was not included in the proposed rules. The commenters indicated that language
specifying that an apprentice's employment must be with a private sector employer
should be included in the rules. The commenters also stated that the requirement
that apprentices be registered with the U.S. Department of Labor's Bureau
of Apprenticeship and Training should be contained in the rules. One commenter
indicated that the definition of apprentice should include the requirement
that related instruction is in addition to full-time employment.
RESPONSE: The Commission agrees with the commenters and has modified the
definition of apprentice to include these recommendations.
COMMENT: Several commenters expressed concern that the Administrator's
Guide was not mentioned in the proposed rule. The commenters stated that the
Administrator's Guide provided comprehensive details regarding apprenticeship
programs.
RESPONSE: The Commission agrees that the Administrator's Guide is a comprehensive
tool for the local education agencies and apprenticeship programs. However,
the Commission also maintains that the Administrator's Guide is an operational
or "how to" guide. A definition of the Administrator's Guide, which includes
the Agency's Web site address for accessing the Administrator's Guide, has
been added to the proposed rule.
§837.21 NOTICE OF AVAILABLE FUNDS
COMMENT: One commenter stated that the proposed rules do not adequately
ensure that all existing programs and eligible program sponsors receive notice
of available funding.
RESPONSE: The Commission is concerned that the prior method of providing
notice of available funds through the
Texas Register
did not provide adequate notice because of limited readership. By
identifying specific venues in rule, the Commission's ability to provide wider
notification is limited. The Commission believes that it will reach the broadest
audience possible by providing notice in venues such as the Agency's Web site
and the Texas Marketplace. Therefore, the proposed rule will not be modified.
§837.23 LOCAL WORKFORCE DEVELOPMENT BOARD REVIEW
COMMENT: One commenter stated that because of the Texas Workforce Investment
Council's (TWIC) statutory responsibilities to advocate for and facilitate
an integrated workforce development system in Texas, TWIC supports greater
coordination and collaboration between Boards and local apprenticeship training
programs in order to ensure a skilled, available workforce. However, the commenter
recommended that necessary steps be taken to avoid unintended consequences
that may affect program delivery such as a delay in funding and/or an additional
administrative burden on local programs due to the new local board review
process.
RESPONSE: The Commission appreciates the commenters' concerns and agrees
with TWIC's support of cooperation between local apprenticeship programs and
Boards. The Commission further agrees with the commenter's concern that no
unintended consequences occur; therefore, it has directed staff to take steps
to ensure that no delays in funding occur because of Board review.
COMMENT: The majority of commenters opposed the requirement that Boards
have the opportunity to review and comment on the application for apprenticeship
training program funding.
RESPONSE: Although this is new language in rule, in Fiscal Year 2004 local
education agencies were required to provide a copy of the application for
apprenticeship training program funding to the Boards for review and comment.
The Commission adds this language in rule based upon Texas Government Code §2308.302,
which states that Boards have the responsibility for the planning and oversight
of all workforce training and services and the evaluation of all workforce
development programs in the workforce areas. Boards will not approve apprenticeship
applications or recommend funding limitations; rather, the review and comment
are intended to ensure that the Boards are aware of apprenticeship training
programs in their area. The Commission has directed staff to take steps to
ensure that no delays in funding occur because of Board review.
§837.26 FUNDING DISTRIBUTION PROCESS
COMMENT: Three commenters expressed concern over the funding distribution
process. One commenter questioned what defines approved hours or approved
contact hours and who approves the hours.
RESPONSE: The rule requires that an apprenticeship training program must
be certified and registered with the Bureau of Apprenticeship and Training
to receive funding. As part of the certification and registration process,
the Bureau of Apprenticeship and Training approves the number of contact hours
for each course.
COMMENT: Commenters also questioned the absence of language regarding the
attendance of apprentices on the third class meeting or the second and fourth
class meetings for the computation of the contact-hour rate.
RESPONSE: Contact-hour rate computations are based on the official class
organization report submitted by the local education agency to the Bureau
of Apprenticeship and Training. An apprentice's attendance is still required
at either the third class meeting or the second and fourth class meetings.
However, the Commission believes that this process is more appropriately located
in the Administrator's Guide than in rule.
COMMENT: Certain commenters expressed concern over the delays in the notification
of the final contact-hour rate and final funding.
RESPONSE: The Commission agrees with the commenters' concerns over the
delays in funding. Therefore, the Commission has directed staff to ensure
that contact-hour rates are finalized and notification is given as soon as
possible after receiving the official class organization report from the Bureau
of Apprenticeship and Training, in order for contracts to be amended, as appropriate.
§837.27 ADMINISTRATIVE COSTS LIMITATION
COMMENT: One commenter expressed concern over the exclusion of the 15 percent
administrative limit on apprenticeship training program funding.
RESPONSE: The Commission agrees with the commenter and modified the rule
to include an administrative costs limitation on apprenticeship training program
funding.
GENERAL COMMENTS
COMMENTER: One commenter stated concerns over the use of the terms Commission
and Agency. The commenter was unsure whether Agency meant the Texas Workforce
Commission or local education agency.
RESPONSE: The Texas Workforce Commission's General Administration rules,
40 TAC Chapter 800, Subchapter A, define Commission as the body of governance
of the Texas Workforce Commission composed of three members appointed by the
Governor as established under Texas Labor Code Chapter 301. Agency is defined
as the unit of state government established under Texas Labor Code Chapter
301 that is presided over by the Commission and administered by the Executive
Director. In Chapter 837, local education agency is referred to only as local
education agency.
COMMENT: One commenter expressed concern over the removal of certain procedural
contract language (i.e., allowable travel expenses) from the rule and stated
this type of language should be in the rules and contracts.
RESPONSE: The Commission disagrees that the contract language should remain
in rule. The changes were proposed to streamline the rules and make them less
cumbersome and repetitive by removing information already found in statute
or more appropriately communicated in contracts.
COMMENT: The majority of commenters were opposed to the repeal of Chapter
837. Although many expressed agreement with the Commission's desire to streamline
and eliminate duplication in the current rule, the commenters did not understand
the need to repeal the rule in its entirety.
RESPONSE: The Commission appreciates that the commenters were apprehensive
as a result of repealing the entire Chapter 837. However, such practice is
customary in rule making in order to streamline, eliminate duplication, and
remove administrative processes and procedures that are routinely handled
as a part of the contracting process. Much of the current rule simply reiterates
Chapter 133 of the Texas Education Code. There is no need to repeat the requirements
already found in the statute that is the governing authority for this program.
The Commission believes that the key elements have been included in the rule
and the most effective-and least confusing-means of removing the many administrative
processes and procedures is to repeal the entire current rule and propose
a new rule.
COMMENT: Several commenters expressed concern with the elimination of the
language regarding commingling of funds.
RESPONSE: Texas Education Code Chapter 133 prohibits the commingling of
funds. However, the current rule provides an incorrect interpretation of commingling
of funds. The current interpretation prohibits any Chapter 133-funded program
from receiving funds from other government sources. The prohibition against
commingling of funds is intended to ensure that separate accounting is maintained
for audit purposes. The Commission believes that the language in Chapter 133
adequately addresses the issue; therefore, the rule will not be modified.
COMMENT: Many commenters stated that the ATAC should have been involved
in the process of drafting the proposed rules.
RESPONSE: ATAC members were involved in multiple discussions and had several
opportunities to offer alternative solutions to proposed rule changes. In
July 2003, several ATAC members met with the former Commissioner Representing
Labor regarding possible program changes, and had ongoing conversations with
the current Commissioners. Subsequently, staff briefed ATAC three times regarding
possible rule changes, and staff met individually with several representatives
of local apprenticeship training programs. Based on input provided regarding
the policy concept, as well as input regarding the proposed rule, staff modified
the rule language.
COMMENT: Two commenters expressed concern with the impact statements in
the proposed rules. One commenter stated that contrary to comments by Mr.
Townsend and Mr. Hughes, having more apprenticeship programs competing for
the same fixed amount of state revenue for job training will cause a significant
proportional decrease in funding for existing apprenticeship programs. Therefore,
there will be a significant adverse impact to small business through increased
job training costs for employers participating in TWC apprenticeship training
programs.
RESPONSE: The Commission disagrees with the commenters' statement regarding
the impact findings of Mr. Townsend and Mr. Hughes. The level of funding available
or approved to support apprenticeship programs in any year-either in the aggregate
or individually among local education agencies-is not affected by this rule.
The number of apprenticeship programs that may compete for funding or be approved
for funding is not addressed or affected by this rule. The commenters' assertion
that there will be "...a significant adverse impact to small business through
increased job training costs for employers participating in TWC apprenticeship
training programs" as a result of this proposed rule is not reasonable. This
outcome is not intended or anticipated by the Commission.
COMMENT: A few commenters stated that more effort should be placed on educating
the Boards about apprenticeship training programs. A suggestion was made to
have a workshop at the upcoming annual workforce conference.
RESPONSE: The Commission agrees with the commenters that efforts should
be increased to provide more information to the Boards regarding apprenticeship
training programs. The Commission thanks the commenter for the suggestion,
and in response an apprenticeship workshop was included at the November 2004
conference.
Subchapter A. GENERAL PURPOSE AND DEFINITIONS
40 TAC §837.1, §837.2
The repeals are adopted under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The repeals affect Title 4, Texas Labor Code, and Chapter 133 of the Texas
Education Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 6, 2005.
TRD-200500059
Donna Garrett
Deputy Director for Policy and Development
Texas Workforce Commission
Effective date: January 26, 2005
Proposal publication date: August 20, 2004
For further information, please call: (512) 475-0829
40 TAC §837.21, §837.22
The repeals are adopted under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The repeals affect Title 4, Texas Labor Code, and Chapter 133 of the Texas
Education Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 6, 2005.
TRD-200500060
Donna Garrett
Deputy Director for Policy and Development
Texas Workforce Commission
Effective date: January 26, 2005
Proposal publication date: August 20, 2004
For further information, please call: (512) 475-0829
40 TAC §§837.41 - 837.44
The repeals are adopted under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The repeals affect Title 4, Texas Labor Code, and Chapter 133 of the Texas
Education Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 6, 2005.
TRD-200500061
Donna Garrett
Deputy Director for Policy and Development
Texas Workforce Commission
Effective date: January 26, 2005
Proposal publication date: August 20, 2004
For further information, please call: (512) 475-0829
40 TAC §§837.61 - 837.65
The repeals are adopted under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The repeals affect Title 4, Texas Labor Code, and Chapter 133 of the Texas
Education Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 6, 2005.
TRD-200500062
Donna Garrett
Deputy Director for Policy and Development
Texas Workforce Commission
Effective date: January 26, 2005
Proposal publication date: August 20, 2004
For further information, please call: (512) 475-0829
40 TAC §§837.81 - 837.85
The repeals are adopted under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The repeals affect Title 4, Texas Labor Code, and Chapter 133 of the Texas
Education Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 6, 2005.
TRD-200500063
Donna Garrett
Deputy Director for Policy and Development
Texas Workforce Commission
Effective date: January 26, 2005
Proposal publication date: August 20, 2004
For further information, please call: (512) 475-0829
40 TAC §837.100, §837.101
The repeals are adopted under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The repeals affect Title 4, Texas Labor Code, and Chapter 133 of the Texas
Education Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 6, 2005.
TRD-200500064
Donna Garrett
Deputy Director for Policy and Development
Texas Workforce Commission
Effective date: January 26, 2005
Proposal publication date: August 20, 2004
For further information, please call: (512) 475-0829
40 TAC §§837.121 - 837.125
The repeals are adopted under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The repeals affect Title 4, Texas Labor Code, and Chapter 133 of the Texas
Education Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 6, 2005.
TRD-200500065
Donna Garrett
Deputy Director for Policy and Development
Texas Workforce Commission
Effective date: January 26, 2005
Proposal publication date: August 20, 2004
For further information, please call: (512) 475-0829
Subchapter A. GENERAL PURPOSE AND DEFINITIONS
40 TAC §837.1, §837.2
The new rules are adopted under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The new rules affect Title 4, Texas Labor Code, and Chapter 133 of the
Texas Education Code.
§837.2.Definitions.
In addition to the definitions contained in §800.2 of this title,
and the definitions contained in Texas Education Code, §133.001 and 29
C.F.R. §29.2 relating to apprenticeship training, the following words
and terms when used in this chapter shall have the following meanings, unless
the context clearly indicates otherwise.
(1)
Administrator's Guide--The Administrator's Guide supplements
this chapter by providing all required operational details and procedures
for planning and submitting an application for apprenticeship training program
funding, as well as the annual timeline for submission. The Administrator's
Guide may be accessed on the Agency's Web site at www.texasworkforce.org.
(2)
Apprentice--A full-time paid worker, at least 16 years
of age except where a higher minimum age standard is otherwise fixed by law,
who is employed in the private sector, registered with the U.S. Department
of Labor's Bureau of Apprenticeship and Training, and receives related instruction
training to learn a skill in a certified apprenticeable occupation.
(3)
Apprenticeship committee--An autonomous local group consisting
of members appointed by one or more employers of apprentices, or by one or
more bargaining agents representing members of an apprenticeable trade, or
by a combination of the two. An apprenticeship committee is designated for
each apprenticeship training program to establish instruction standards and
goals for a particular craft or crafts, interview and select applicants, and
monitor the program and apprentices as described in Texas Education Code §133.003.
(4)
Apprenticeship training program--A training program that
provides on-the-job training, preparatory instruction, supplementary instruction,
or related instruction in a trade that has been certified as an apprenticeable
occupation by the U.S. Department of Labor, Employment and Training Administration,
Bureau of Apprenticeship and Training. The program is a structured system
of training designed to prepare individuals for occupations in skilled trades
and crafts by combining training under the supervision of an experienced journeyworker
with job-related classroom instruction.
(5)
Bureau of Apprenticeship and Training--The U.S. Department
of Labor, Employment and Training Administration, Bureau of Apprenticeship
and Training.
(6)
Contact-hour rate--A method used to distribute apprenticeship
training funds to local education agencies. The total available funds are
divided by the statewide total number of contact hours of apprenticeship training
instruction classes submitted to the Agency.
(7)
Local education agency--For purposes of Chapter 837, a
public school district or state postsecondary institution, under Texas Education
Code, Chapter 133, that serves as a sponsor for an apprenticeship training
program pursuant to a contract between the local education agency and an apprenticeship
committee.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on January 6, 2005.
TRD-200500066
Donna Garrett
Deputy Director for Policy and Development
Texas Workforce Commission
Effective date: January 26, 2005
Proposal publication date: August 20, 2004
For further information, please call: (512) 475-0829
Subchapter B. FEDERAL REQUIREMENTS
Subchapter C. FUNDING NOTICE AND APPLICATION PROCESS
Subchapter D. FUNDING QUALIFICATIONS
Subchapter E. USE OF FUNDS AND ACCOUNT MAINTENANCE
Subchapter F. COMPLIANCE MONITORING
Subchapter G. REPORTING REQUIREMENTS
Chapter 837.
APPRENTICESHIP TRAINING PROGRAMS
Subchapter B. FUNDING