HomeMy WebLinkAboutPR 24934: HEALTHCARE WORKFORCE TRAINING AGREEMENT Po'' ECONOMIC
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MEMORANDUM
Date: June 5,2026
To: The Honorable Mayor and City Council
Through: Ronald Burton, CPM, City Manager
From: Krystle Muller,Port Arthur EDC CEO
RE: P.R. 24934 I A resolution approving a Healthcare Workforce Training Agreement
between the Port Arthur Economic Development Corporation and Lamar State
College Port Arthur for healthcare apprenticeship and workforce training services for
eligible Port Arthur residents.
Introduction:
The Port Arthur Economic Development Corporation (PAEDC) seeks City Council approval for
a Healthcare Workforce Training Agreement with Lamar State College Port Arthur (LSCPA) to
enhance workforce development by offering local residents access to training in high-demand
healthcare careers.
Background:
Under the proposed agreement, LSCPA will manage enrollment, registration, and program
oversight, similar to its existing scholarship program. Funding will cover tuition, fees, books,
uniforms, and exams for eligible Port Arthur residents. The program will provide training for
Certified Nurse Aides (CNAs), Licensed Vocational Nurses (LVNs), and Registered Nurses
(RNs), leveraging LSCPA's healthcare partnerships for workforce development and job
opportunities.
Budgetary Impact:
PAEDC will authorize funding in an amount not to exceed$250,000 over a twenty-four(24)month
term. Projected expenditures are estimated at approximately $50,000 in Fiscal Year 2026,
$140,000 in Fiscal Year 2027,and$60,000 in Fiscal Year 2028.Funding will be paid from PAEDC
Account No. 120-80-625-5475-00-00-000 (Job Training Programs), subject to annual
appropriation and approval of the PAEDC budget.
Recommendation:
The City Council is advised to approve a resolution allowing the Port Arthur Economic
Development Corporation to execute a Healthcare Workforce Training Agreement with Lamar
State College-Port Arthur. This partnership enhances healthcare workforce training access,meets
employer needs, and supports Port Arthur's workforce and economic development goals.
1
P. R.No.24934
06/05/2026 SDG
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE PORT ARTHUR ECONOMIC
DEVELOPMENT CORPORATION TO ENTER INTO A MASTER
HEALTHCARE WORKFORCE TRAINING AGREEMENT WITH
LAMAR STATE COLLEGE PORT ARTHUR TO PROVIDE
HEALTHCARE APPRENTICESHIP AND WORKFORCE TRAINING
SERVICES FOR ELIGIBLE PORT ARTHUR RESIDENTS IN AN
AMOUNT NOT TO EXCEED $250,000 OVER A TWENTY-FOUR (24)
MONTH TERM; (PROJECTED $50,000.00 FOR FY 2026, $140,000.00 FOR
FY 2027, AND $60,000.00 FOR FY 2028, SUBJECT TO ANNUAL
APPROPRIATION AND APPROVAL OF PAEDC BUDGET); FUNDS
AVAILABLE IN PAEDC ACCOUNT NO. 120-80-625-5475-00-00-000 (JOB
TRAINING PROGRAMS)
WHEREAS, the Texas Legislature passed House Bill 1967 during the 83rd Legislative
Session, which amended Chapter 501 of the Local Government Code by adding §501.163,
allowing economic development funds to be utilized for the purpose of pre-employment training
and education; and
WHEREAS, Texas Local Government Code §501.162 authorizes expenditures for
workforce training programs that create employment opportunities and support economic
development objectives; and
WHEREAS, the Port Arthur Economic Development Corporation ("PAEDC") is
committed to workforce development initiatives that create pathways to employment, career
advancement and increased earnings for Port Arthur residents; and
WHEREAS, PAEDC has identified a need to strengthen the healthcare workforce
structured pathway serving Port Arthur and Southeast Texas while creating opportunities for
residents to obtain healthcare credentials and employment; and
WHEREAS,Lamar State College Port Arthur("LSCPA")maintains healthcare education
programs and partnerships with regional healthcare employers that support clinical experiences,
workforce preparation and healthcare career pathways; and
WHEREAS, LSCPA has proposed a healthcare workforce apprenticeship and training
structured pathway designed to provide eligible Port Arthur residents with stackable healthcare
credential opportunities through Certified Nurse Aide (CNA), Vocational Nursing (LVN) and
LVN-to-ADN(Registered Nursing)pathways; and
WHEREAS, the proposed program will provide workforce training opportunities for
approximately twenty-five (25) CNA participants,twenty-five (25)LVN participants and five (5)
RN Track participants through a multi-entry healthcare workforce model; and
WHEREAS, the proposed Master Healthcare Workforce Training Agreement (the
"Agreement") provides funding assistance for tuition, institutional fees, uniforms, books,
instructional materials, certification examinations, licensing examinations and approved
workforce support services for eligible Port Arthur residents; and
WHEREAS, the PAEDC Board of Directors approved this Agreement, subject to City
Council approval, in an amount not to exceed$250,000 over a twenty-four(24)month term; and
WHEREAS, the estimated fiscal year allocation of funds under the Agreement is
approximately $50,000 in Fiscal Year 2026, $140,000 in Fiscal Year 2027, and$60,000 in Fiscal
Year 2028,with actual expenditures dependent upon participant enrollment,academic progression,
credential attainment and continued eligibility requirements, subject to annual appropriation and
approval of the PAEDC budget.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council hereby authorizes the PAEDC to enter into a Master
Healthcare Workforce Training Agreement with LSCPA to provide healthcare apprenticeship and
workforce training services for eligible Port Arthur residents in an amount not to exceed$250,000
over a twenty-four (24) month term being approximately $50,000 in Fiscal Year 2026, $140,000
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in Fiscal Year 2027,and$60,000 in Fiscal Year 2028,subject to annual appropriation and approval
of the PAEDC budget.
Section 3. That funding for this Agreement shall be budgeted and expended from PAEDC
Account No. 120-80-625-5475-00-00-000 (Job Training Programs). Actual expenditures may be
less than the amount stated above and shall be contingent upon participant enrollment, academic
progression, credential attainment, continued eligibility and compliance with Agreement
requirements.
Section 4. That the President/Chief Executive Officer of the PAEDC, or its designee, is
authorized to execute all documents necessary to implement and administer the Master Healthcare
Workforce Training Agreement consistent with the terms approved herein.
Section 5. That this Resolution shall become effective immediately upon passage.
READ,ADOPTED AND APPROVED on this day of , A.D., 2026,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor
Councilmembers
NOES:
Charlotte M. Moses,Mayor
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ATTEST:
Christe Whitley Ned, City Secretary
APPROVED:
j .lk")16a140,,_
Krystl Villarreal-Muller,PAEDC CEO
APP OVED AS TO FORIVI:
Guy N. Goodson,PAEDC Attorney
APPROVED AS TO FORM:
Roxann Pais Cotroneo,City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
oti 4609J-e (-0/
ynda c oswell,Director of Finance
#2568017 Pagc4
Exhibit "A"
z
MASTER HEALTHCARE WORKFORCE TRAINING AGREEMENT
BETWEEN
PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
AND
LAMAR STATE COLLEGE PORT ARTHUR
RECITALS
WHEREAS, the Port Arthur Economic Development Corporation ("PAEDC") Board of
Directors is dedicated to improving the quality of life of Port Arthur residents who lack skills to
qualify for an on-the-job training program with a local employer or skills to secure permanent
employment in the current labor market; and
WHEREAS, House Bill 1967 amends the Texas Local Government Code and adds
§501.163, which authorizes expenditures for job training skills sufficient to enable an individual
to obtain employment through PAEDC training programs; and
WHEREAS, §501.162, Texas Local Government Code provides that PAEDC may
authorize expenditures for job training to (i) create new jobs that pay wages that are at least equal
to the prevailing wage for said occupation in the local labor market or(ii) increase payroll to pay
wages that are at least equal to the prevailing wage for the applicable occupation in the local labor
market; and
WHEREAS, Lamar State College Port Arthur ("LSCPA") agrees to provide training
programs that will provide a structured pathway for Port Arthur residents to enter and advance
within healthcare careers with the structured pathways to connect education,work-based learning
and employer alignment through the provision of training and related funds to support tuition,fees,
uniforms and nurse training examination; and
WHEREAS, LSCPA, through its existing allied health programs and employer
partnerships, will provide training for (i) Certified Nurse Aide (CNA); (ii) Vocational Nursing
(LVN), and(iii)LVN-to-ADN(Registered Nursing)to eligible program participants who are Port
Arthur residents("Program Participants"); and
WHEREAS,in consideration for the nursing pathways in each tier hereafter shown in this
Agreement, PAEDC will provide the cost for tuition, institutional fees, required uniforms and
supplies,books and instructional materials as well as licensing and certification at an amount not
to exceed$2,000 per semester for Program Participants and to fund not in excess of$250,000 from
July_, 2026 through June_,2028; and
WHEREAS, PAEDC authorized this Training Agreement by action of its Board of
Directors on May 4, 2026.
NOW, THEREFORE, in consideration of the Recitals set forth above, which are
incorporated into this Agreement as if fully set forth below and for other good and valuable
consideration,PAEDC and LSCPA hereby agree as follows:
AGREEMENT DATES
AGREEMENT START DATE
1. This Training Agreement ("Agreement") shall be for the 2-year period July -,
2026 through June-'2028.
AGREEMENT END DATE
2. This Agreement expires on June _, 2028. However, PAEDC has the option to
extend this Agreement for an additional period if PAEDC is satisfied with the LSCPA's
performance.
PARTIES
3. PAEDC,located at 501 Procter Street,Port Arthur,Texas 77640,is a not for profit
corporation. It is duly authorized to do business in the State of Texas under Chapter 504, Local
Government Code (the "Development Corporation Act of 1979") and duly authorized by
Resolution of the City Council of the City of Port Arthur to enter into this Agreement. As
authorized and as provided by the PAEDC bylaws, the President and Secretary of the PAEDC
Board have the authority to execute this Agreement.
4. Lamar State College Port Arthur, 1500 Procter Street,Port Arthur,Texas 77640.
CONDITIONS PRECEDENT
5. This Agreement has no legal consequences unless and until both the Board of
Directors of the PAEDC and the City of Port Arthur City Council approve this Agreement in its
final form.
PROMISED PERFORMANCE
6. The parties agree to perform as follows.
(a) PERFORMANCE BY PAEDC
(1) PAEDC proposes funding in the amount of $250,000 allocated to the
Credential Tier, Program Participants, Support Duration and per semester
Support Rate and Term as set forth in the following schedule:
Credential Tier Support Duration Support Rate 2-Year Total
Tier 1—CNA 1 Semester $2,000/Semester $50,000
Tier 2—LVN 2 Semesters $2,000/Semester $80,000
Tier 3—RN Track
(LVN-to-ADN/ADN Completion) 4 Semesters $2,000/Semester $80,000
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Program Administration
&Wraparound Support 24 Months Flat Allocation $40,000
Total Request
(2-Year Investment) $250,000
*Flexible Tier Participation. Target Participation among the approved Tiers shall be adjusted and based on
applicant demand,Program Participant progression,workforce demand and available funds provided that the total
funding outlined is not exceeded.
(2) Payment obligations by PAEDC as set forth above will be directly invoiced
by LSCPA using invoice processing as in prior training agreements between
PAEDC and LSCPA, and semester-based invoicing shall be tied to verified
Program Participant enrollment based on LSCPA Program enrollment dates
and deadlines. Continued semester funding shall remain subject to PAEDC
presented academic progress, continued participant eligibility, availability
of funds under the program funding cap identified above; and
(3) LSCPA is acknowledged to have employer participation and collaborations
and will use such in commercially reasonable manner to maintain and
expand employer partnerships with hospitals, clinics, long-term care
providers,home health agencies and other healthcare employers to support
clinical placement, interviews, hiring consideration and employment
opportunities for Program Tier graduates.
(b) PERFORMANCE BY LSCPA
(1) LSCPA shall provide the nurse training outlined above for the targeted
participants; however, it shall not be a default under this Agreement if
LSCPA does not achieve target participation as shown above. LSCPA may
request and receive prior written approval from PAEDC to amend target
participation goals as necessary for training in the Tier 1, Tier 2 or Tier 3
programs as shown above.
(2) LSCPA shall provide program classroom and clinical instruction as
required in order for a Program Participant to complete and pass the State
of Texas certification exam for the Tier in which the Program Participant
is registered. Additionally, LSCPA shall provide a copy of each Program
Participant's letter of achieved certification.
(3) LSCPA shall only provide access to Tier 2 and 3 upon verification of
completion by a Program Participant of receiving certification in the
preceding Tier and may only provide Tier 3 training to currently employed
Program Participants at the LVN certified level and with verification to
PAEDC of hiring availability for Program Participants that will complete
Tier 3 training.
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(4) LSCPA assumes any and all costs of:
• Tuition
• Institutional Fees
• Required uniforms and supplies
• Books and instructional materials
• Licensing and certification exams for Program Participants in the Tiers
identified above.
(5) LSCPA shall be required to provide the following documentation prior to
initiation of training:
• Proof of liability insurance amount and coverage as required by
PAEDC;
• Verification of Program Participation and eligibility as set forth in this
Agreement; and
• Provide documentation prior to program initiation as set forth in this
Agreement; and
• Credential attainment in job placement performance as set forth in this
Agreement.
(6) LSCPA further agrees to facilitate expected workforce outcome in
accordance with this Agreement.
PROGRAM PARTICIPANT ELIGIBILITY/CERTIFICATION
7. Program Participants must be:
• Verified residents of Port Arthur,Texas;
• Verified to meet program Tier admission requirements;
• Must complete program Tier training requirements (if a Program Participant
fails to complete the training requirements, such Program Participant shall not
be eligible for other medical training program funding through PAEDC); and
• Must register and participate in the certification examination by Tier.
• Continue semester funding for a Program Participant shall be based on (i)
satisfactory academic progress, (ii)transcript submission and(iii)qualification
for future program training within a Tier.
REQUIRED DOCUMENTATION PRIOR TO PROGRAM INITIATION
8. LSCPA agrees to provide the following to be incorporated as Exhibit"A" to this
Agreement:
• Training course syllabus by Tier;
• Instructor credentials;
• Budget breakdown (if different from the performance payments set forth
herein);
#2549588 Page 4
—^ _ — — —
• Training schedule by Tier;
• Program Participant credential verification; and
• Sample assessments or skill evaluations.
9. Compliance and Accountability Structure:
• Participation limited to eligible Port Arthur residents
• Funding tied to enrollment verification, attendance, credential completion and
reporting requirements
• Payments issued directly to LSCPA (or approved provider) — no direct
payments to individuals
• Program outcomes tracked through attainment and job placement performance
measures
10. Targeted Workforce Outcomes (2-year Targets)
• Workforce participation growth through flexible employment options
supporting continued education
BI-ANNUAL REPORTING REQUIREMENT
11. LSCPA shall provide bi-annual reporting under this Agreement of the following(i)
enrollment by Tier, (ii) Program Participant retention/certification completion, (iii) credential
and/or licensing outcomes, as applicable, (iv)available placement outcomes for LVN participants,
(v) employment outcomes for RN participants, (vi) updates on added or enhanced employer
partnershipping as set forth herein and (vii) invoicing by Tier and verification of remaining
program fund balance.
PAEDC'S CONDITIONAL OBLIGATIONS AND LIMITED LIABILITY
12. The PAEDC, at its sole option,may terminate this Agreement for nonperformance
or failure to comply with the terms of this contract. In the event of such termination by the PAEDC,
the PAEDC may, at its sole option, immediately cease all further funding, if any, required by this
Agreement and the PAEDC shall not be liable to LSCPA or to any third parties for failure to make
payments to LSCPA under the terms and conditions of this Agreement.
13. The PAEDC's sole liability/obligation shall be to LSCPA and shall be limited to
the funding for the Programs detailed in this Agreement. The PAEDC shall not be liable, in
contract or otherwise, for any expense, expenditure or cost incurred by or on behalf of LSCPA
related to the Programs except as set forth in this Agreement.
INDEMNIFICATION
14. LSCPA SHALL ASSUME THE RISK OF, BE LIABLE FOR, AND PAY ALL
DAMAGE,LOSS,COST AND EXPENSE OF ANY PARTY,INCLUDING ANY OF ITS EMPLOYEES,
ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT CAUSED BY
NEGLIGENCE AND/OR WILLFUL MISCONDUCT SOLELY OF PAEDC AND ITS EMPLOYEES
ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT. LSCPA SHALL HOLD HARMLESS
FROM AND INDEMNIFY PAEDC AGAINST ALL CLAIMS, LOSSES, SUITS, ACTIONS, COSTS,
#2549588 Page 5
COUNSEL FEES,LITIGATION COSTS,EXPENSES,DAMAGES,JUDGMENTS, OR DECREES BY
REASON OF DAMAGE TO ANY PROPERTY OR BUSINESS AND/OR ANY DEATH, INJURY OR
DISABILITY TO OR OF ANY PERSON OR PARTY,INCLUDING ANY EMPLOYEE,ARISING OUT
OF OR SUFFERED, DIRECTLY OR INDIRECTLY, BY REASON OF OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT OR ANY ACT, ERROR OR OMISSION OF LSCPA,
LSCPA'S EMPLOYEES, AGENTS OR SUBAGENCIES, WHETHER BY NEGLIGENCE OR
OTHERWISE.
LSCPA'S OBLIGATION SHALL INCLUDE, BUT NOT BE LIMITED TO INVESTIGATING,
ADJUSTING, AND DEFENDING ALL CLAIMS ALLEGING LOSS FROM ACTION, ERROR OR
OMISSION OR BREACH OF ANY COMMON LAW,STATUTORY OR OTHER DELEGATED DUTY
BY LSCPA,ITS EMPLOYEES OR AGENTS.
RECORDS/INSPECTION/PAEDC AUDIT
15. All records pertinent to this Agreement shall be retained by LSCPA.
16. Upon written request,LSCPA shall provide reports to the PAEDC.
17. Upon written request, LSCPA shall provide PAEDC with all reports reasonably
necessary for PAEDC compliance with the Development Corporation Act of 1979.
PARTICIPANT DEFAULT/WITHDRAWAL REFUND
18. Failure by a Program Participant to complete semester training or withdrawal shall
result in said Program Participant being ineligible except for hardship as requested by LSCPA and
approved by PAEDC as ineligible for participation in future semester training for Tiers within the
program. Misrepresentation by a Program Participant on eligibility or satisfaction of training
requirements by a Program Participant to either LSCPA or PAEDC may result in PAEDC
undertaking legal action against said Program Participant.
CHANGES AND AMENDMENTS
19. Any alterations, additions, or deletions to the terms of this Agreement shall be by
amendment in writing and executed by all parties to this Agreement and approved by PAEDC.
20. Any alterations, additions, or deletions to the terms of this Agreement which are
required by changes in Federal, state or local law are automatically incorporated into this
Agreement without written amendment hereto and shall become effective on the date designated
by such law or regulation.
DEFAULT/TERMINATION
21. In the event of default of any of the obligations of the LSCPA detailed herein, the
PAEDC may, at its sole and exclusive option,withhold and/or disallow further PAEDC payments
or incentives to the LSCPA.
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22. In addition to the foregoing, the PAEDC and LSCPA agree that this Agreement
may be terminated at any time when both parties agree, in writing, to the terms and conditions of
any such voluntary termination.
ORAL AND WRITTEN AGREEMENTS/PRIOR AGREEMENTS
23. All oral and written agreements between the parties to this Agreement relating to
the subject matter of this Agreement that were made prior to the execution of this Agreement have
been reduced to writing and are contained in this Agreement.
GOVERNING LAW
24. This Agreement shall be governed by the laws of the State of Texas, and venue for any
matter arising or accruing under this Agreement shall be in the courts of competent jurisdiction of Jefferson
County,Texas,where substantially all the performance under this Agreement shall occur.
UNDOCUMENTED WORKERS
25. LSCPA and any branch, division or department of LSCPA certifies that they have
not and will not knowingly employ an"undocumented worker"which means"an individual who,
at the time of employment, is not lawfully admitted for permanent residence to the United States
or authorized under law to be employed in that manner in the United States." LSCPA
acknowledges that it has reviewed Chapter 2264, Texas Government Code, attached hereto as
Exhibit"B" and made a part hereof for all purposes and hereby affirmatively agrees by execution
of this Agreement to repay the amount of any grant with interest at the rate of ten (10%) percent
per annum not later than the 120th day after the date PAEDC notifies LSCPA of a violation.
LSCPA acknowledges PAEDC may bring a civil action or recover any amounts owed under this
Chapter and further acknowledges that PAEDC may recover court costs and reasonable attorneys'
fees incurred in an action brought under§2264.101(a). The LSCPA is not liable for a violation of
this Chapter by a subsidiary, affiliate or franchisee of the LSCPA or by a person with whom the
LSCPA contracts.
CERTIFICATION REGARDING LOBBYING/CONFLICT OF INTEREST
DISCLOSURE
26. Each LSCPA shall comply with the Certification Regarding Lobbying attached
hereto as Exhibit"C". LSCPA shall complete the Conflict of Interest attached hereto as Exhibit
«D»
ADDRESS OF NOTICE AND COMMUNICATIONS
Port Arthur Economic Development Corporation
501 Procter Street
Port Arthur,Texas 77640
ATTN: Chief Executive Officer
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Lamar State College Port Arthur
1500 Procter Street
Port Arthur,Texas 77640
Attn:
CAPTIONS
27. This Agreement has been supplied with captions to serve only as a guide to the
contents. The caption does not control the meaning of any paragraph or in any way deteniiine its
interpretation or application.
ATTORNEY APPROVALS
APPROVED AS TO FORM:
Guy Goodson,Legal Counsel for PAEDC
VERIFIED AS CONSISTENT
WITH CITY COUNSEL RESOLUTION: Resolution Number:
City Attorney
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AGREEMENT EXECUTION
PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
SIGNED AND AGREED TO on the day of , 2026.
By: • By:
President Secretary
Witness Witness
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LAMAR STATE COLLEGE PORT ARTHUR
SIGNED AND AGREED TO on the day of ,2026.
By:
Witness
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EXHIBIT "A"
Required Documentation Prior to Program Initiation
• Training course syllabus;
• Instructor credentials;
• Budget breakdown (if different from the performance payments set forth
herein);
• Training schedule for the training structure;
• Program Participant credential verification; and
• Sample assessments or skill evaluations.
#2549588 Page 11
EXHIBIT `B"
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT
CHAPTER 2264. RESTRICTIONS ON USE OF CERTAIN PUBLIC
SUBSIDIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2264.001. DEFINITIONS. In this chapter:
(1) "Economic development corporation" means a development corporation
organized under Subtitle Cl,Title 12,Local Government Code.
(2) "Public agency" means the state or an agency, instrumentality, or political
subdivision of this state, including a county, a municipality, a public school district, or a special-
purpose district or authority.
(3) "Public subsidy" means a public program or public benefit or assistance of
any type that is designed to stimulate the economic development of a corporation, industry, or
sector of the state's economy or to create or retain jobs in this state. The term includes grants,
loans, loan guarantees,benefits relating to an enterprise or empowerment zone, fee waivers, land
price subsidies, infrastructure development and improvements designed to principally benefit a
single business or defined group of businesses, matching funds, tax refunds, tax rebates, or tax
abatements.
(4) "Undocumented worker" means an individual who, at the time of
employment, is not:
(A) lawfully admitted for permanent residence to the United States; or
(B) authorized under law to be employed in that manner in the United
States.
Added by Acts 2007, 80th Leg.,R.S., Ch. 853 (H.B. 1196), Sec. 1, eff. September 1,2007.
Amended by:
Acts 2009, 81st Leg.,R.S., Ch. 87 (S.B. 1969), Sec. 11.023, eff. September 1,2009.
#2549588 Page 12
SUBCHAPTER B. RESTRICTIONS ON USE OF CERTAIN
PUBLIC SUBSIDIES TO EMPLOY UNDOCUMENTED WORKERS
Sec. 2264.051. STATEMENT REQUIRED IN APPLICATION FOR PUBLIC
SUBSIDIES. A public agency, state or local taxing jurisdiction, or economic development
corporation shall require a business that submits an application to receive a public subsidy to
include in the application a statement certifying that the business, or a branch, division, or
department of the business, does not and will not knowingly employ an undocumented worker.
Added by Acts 2007, 80th Leg.,R.S., Ch. 853 (H.B. 1196), Sec. 1, eff. September 1,2007.
Sec. 2264.052. CONDITION ON RECEIPT OF PUBLIC SUBSIDIES. The statement
required by Section 2264.051 must state that if, after receiving a public subsidy,the business,or a
branch, division, or department of the business,is convicted of a violation under 8 U.S.C. Section
1324a(f), the business shall repay the amount of the public subsidy with interest, at the rate and
according to the other terms provided by an agreement under Section 2264.053,not later than the
120th day after the date the public agency, state or local taxing jurisdiction, or economic
development corporation notifies the business of the violation.
Added by Acts 2007, 80th Leg., R.S., Ch. 853 (H.B. 1196), Sec. 1, eff. September 1, 2007.
Sec.2264.053. AGREEMENT REGARDING REPAYMENT OF INTEREST. A public
agency, state or local taxing jurisdiction, or economic development corporation,before awarding
a public subsidy to a business, shall enter into a written agreement with the business specifying
the rate and terms of the payment of interest if the business is required to repay the public subsidy.
Added by Acts 2007, 80th Leg.,R.S., Ch. 853 (H.B. 1196), Sec. 1, eff. September 1, 2007.
SUBCHAPTER C. ENFORCEMENT
Sec.2264.101. RECOVERY. (a) A public agency,local taxing jurisdiction,or economic
development corporation,or the attorney general on behalf of the state or a state agency,may bring
a civil action to recover any amounts owed to the public agency, state or local taxing jurisdiction,
or economic development corporation under this chapter.
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(b) The public agency, local taxing jurisdiction, economic development corporation, or
attorney general, as applicable, shall recover court costs and reasonable attorney's fees incurred in
an action brought under Subsection(a).
(c) A business is not liable for a violation of this chapter by a subsidiary, affiliate, or
franchisee of the business,or by a person with whom the business contracts.
Added by Acts 2007, 80th Leg.,R.S., Ch. 853 (H.B. 1196), Sec. 1, eff. September 1,2007.
Program of Health Excellence hereby acknowledges that it has reviewed Chapter 2264,
Texas Government Code.
Lamar State College Port Arthur
Date: By:
Signature
Its:
Title
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EXHIBIT "C"
•
CERTIFICATION REGARDING LOBBYING
For Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies,to the best of his knowledge and belief,that:
1. No funds have been paid or will be paid,by or on behalf of the undersigned,to any
person for influencing or attempting to influence an officer or employee of any
agency, a member of the City or of the PAEDC in connection with the awarding of
any contract, the making of any grant, the making of any loan, the entering into of
any cooperative agreement, or modification of any contract, grant, loan, or
cooperative agreement.
2 The undersigned shall require that the language of this certification be included in
the award documents for all sub-awards at all tiers (including subcontracts, sub-
grants, and contracts under grants,loans, and cooperative agreements), and that all
Subs shall certify and disclose accordingly.
This certification is material representation of fact which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction.
Lamar State College Port Arthur
Date: By:
Signature
Its:
Title
#2549588 Page 15
EXHIBIT "D"
CONFLICT OF INTEREST DISCLOSURE
Lamar State College Port Arthur hereby certifies that it has fully complied with Local
Government Code§176.006,as amended,which mandates the disclosure requirements for persons
who contract or seek to contract with a local governmental entity.
Lamar State College Port Arthur
Date: By:
Signature
Its:
Title
•
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