Part XX.
Texas Workforce Commission
Chapter 800.
General Administration
Subchapter F. Interagency Matters
40 TAC §§800.201-800.204
The Texas Workforce Commission proposes new §§
800.201-800.204, concerning Interagency Matters. The rule will be concurrent
with a repeal of §§ 819.1-819.3 being published.
The new rules proposed concurrently with the repeal of Chapter 819 will
include much of the language from the existing §§ 819.1-819.3, but
will also include additional language which the Commission deems appropriate
in order to implement the purpose under its enabling legislation. The repeals
and new sections result in a rearrangement of the rules into a new format
incorporating technical and clarity changes.
New Subchapter F of Chapter 800 General Administration is proposed as the
location of new §§800.201-800.204 Interagency Matters.
Randy Townsend, Director of Finance, has determined that for the first
five-year period the sections are in effect, there will be no fiscal implications
as a result of enforcing or administering the rules. There will be no additional
costs to the state as a result of enforcing the rules. There will be no reduction
in costs to the state. There will be no costs to local governments. There
is no net effect in revenues as a result of enforcing and administering the
rules, and no foreseeable implications relating to costs or revenues to the
state or to local governments. We do not anticipate that there would be significant
costs to small business, nor that there would be significant economic costs
to persons who are required to comply with the sections as proposed or significant
costs associated with implementing these sections.
J. Ferris Duhon, Acting Deputy Director of Legal Services, has determined
that for each year of the first five years the sections are in effect, the
public benefit anticipated as a result of enforcing the section will be a
greater degree of interaction and cooperation among the agencies affected
by the proposed rules. There is no anticipated effect on small businesses
and there are no anticipated costs to persons who are required to comply with
the rule as proposed.
All official comments submitted to J. Ferris Duhon will be considered before
the final rules are adopted. Comments on the proposed rule may be submitted
to J. Ferris Duhon, Acting Deputy Director of Legal Services, Texas Workforce
Commission Building, 101 East 15th Street, Room 264, Austin, Texas 78778,
fax (512) 463-1426, or e-mailed to: ferris.duhon@twc.state.tx.us. Comments
must be received by the Commission by 5:00 p.m. on February 3, 1998 for consideration.
The new sections are proposed under Texas Labor Code, Title 4,
which provides the Texas Workforce Commission with the authority to adopt,
amend, or rescind such rules as it deems necessary for the effective administration
of the Commission and compliance with the Texas Labor Code.
The proposed rules affect the Texas Labor Code, Title 4. § Subchapter
F. Interagency Matters
§800.201.Title and Purpose.
(a)
These rules may be cited as Interagency Matters.
(b)
The purpose of these rules is to implement and interpret
the provisions of the Texas Administrative Code, Chapter 40, Interagency
Matters, and to provide notice to the public of the contents of the Memorandums
of Understanding.
§800.202.Memorandum of Understanding with Texas Commission for the Deaf and Hard of Hearing.
The Texas Workforce Commission hereby adopts by reference the terms
of a memorandum of understanding entered into with the Texas Commission for
the Deaf set out in 40 TAC §181.912(a) and (b) and 40 TAC §181.915
of this title (relating to the Texas Department of Correction and the Texas
Workforce Commission). Copies of the memorandum of understanding are available
at the Texas Workforce Commission, 101 East 15th Street, Room 614, Austin,
Texas 78778.
§800.203.Memorandum of Understanding with Texas Education Agency.
The Texas Workforce Commission hereby adopts by reference the terms
of a memorandum of understanding on transition planning for students enrolled
in special education. Said memorandum of understanding is set out at 19 TAC
§89.1110. Copies are available at the Texas Workforce Commission, 101
East 15th, Room 614, Austin, Texas 78778.
§800.204.Memorandum of Understanding with Texas Department of Economic Development.
The Texas Workforce Commission hereby adopts by reference the terms
of a memorandum of understanding on program planning and budgeting relating
to workforce development programs. Said memorandum of understanding is set
out at 10 TAC §195.10. Copies are available at the Texas Workforce Commission,
101 East 15th, Room 614, Austin, Texas 78778.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717094
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 463-8812
The Texas Workforce Commission proposes the repeal of §§811.1-811.5,
811.10-811.23, and 811.60 relating to the Job Opportunities and Basic Skills
and new §§811.1, 811.2, 811.11-811.20, 811.31-811.34, 811.41-811.45,
811.61-811.65, 811.81-811.87 and 811.101, relating to the Choices services
and the participation requirements for persons receiving temporary cash assistance
from the Texas Department of Human Services.
Section 811.1 explains the goal and purpose of Choices services, which
replace the Job Opportunities and Basic Skills program.
Section 811.2 provides definitions of terms used in the rules.
Section 811.11 sets forth the eligibility requirements for Choices services.
Section 811.12 explains the participation requirements for the Choices
services.
Section 811.13 provides for good cause for noncompliance by the participant.
Section 811.14 explains that there are penalties for failure to participate
as specified in DHS' rules.
Section 811.15 describes how clients may access the Choices services.
Section 811.16 sets forth the assessment requirements.
Section 811.17 describes the strategies used in Choices services.
Section 811.18 sets forth the monitoring requirements applicable to Choices
participants enrolled in employment services activities.
Section 811.19 governs the administration of individual development accounts.
Section 811.20 provides for employment retention and re-employment services
to Choices participants.
Sections 811.31-811.34 provide for job search related activities.
Sections 811.41-811.45 govern the development of work-based programs that
are legislatively authorized. These programs include the work skills training
program (from the 74th Regular Session House Bill 1863), the subsidized employment
program (House Bill 1863 and the 75th Regular Session House Concurrent Resolution
204), the Texans Work program (House Bill 1863 and 75th Regular Session Senate
Bill 781), and the self-employment assistance program (House Bill 1863 and
75th Regular Session, Appropriations Act, Rider 27(c)).
Sections 811.61-811.65 provide for education and other training activities.
Sections 811.81-811.87 describe the support services available to applicants
or recipients of temporary cash assistance, including the Wheels for Work
initiative. The Wheels for Work program is legislatively authorized by 75th
Regular Session, Senate Bill 1114.
Section 811.101 sets forth the appeals process for the Choices services.
Rules of the Texas Department of Human Services relating to employment
services include the following: requirements of applicants and recipients
of temporary cash assistance to attend workforce orientation sessions and
to participate in employment services; the exemptions from participation requirements;
determination of good cause for failure to participate; and financial penalties
applied to benefits resulting from noncompliance. The Commission, where applicable,
cross references those rules for the purposes of continuity or clarity. Although
these rules govern services available through the Temporary Assistance for
Needy Families block grant funds, participants are eligible for and receive
services funded through other resources, including the Job Training Partnership
Act (JTPA), Wagner-Peyser's Employment Services, and the Adult Education Act,
as amended by the National Literacy Act.
Local workforce development boards have the jurisdiction and the authority
to set local policy and determine service delivery practices and procedures,
the services and activities available in each local workforce development
area, and the locations where services are available and delivered consistent
with federal and state regulations, rules, and policies.
Eligibility requirements for receipt of temporary cash assistance benefits
under the jurisdiction of the Texas Department of Human Services (DHS) include
the requirement to work or participate in the state's employment services
program which replaces the JOBS Program. Failure of an applicant or a recipient
of temporary cash assistance to fulfill this requirement results in denial
of the application or a financial penalty (sanction) placed on the cash assistance
grant each month of noncompliance. The current financial penalty for failure
to participate in employment services is a maximum of $78 per month for one
parent. In two parent households, if both parents do not comply, the penalty
is a maximum of $125 per month.
Randy Townsend, Director of Finance, has determined that for each year
of the first five years the sections as proposed will be in effect, there
will be no fiscal implications for state or local government as a result
of enforcing or administering the sections.
Mike Sheridan, Executive Director of the Commission, has determined that
the public benefit anticipated as a result of the sections as proposed will
be the creation of a state and local partnership in policy making and service
delivery that will ensure that recipients of temporary cash assistance receive
services to aid them in assuming their responsibility to move quickly into
work or work activities leading to self sufficiency. There is no cost to
small businesses of compliance with the new sections as proposed. There is
no economic cost to persons required to comply with the rules.
Mark Hughes, Director of Labor Market Information, has determined that
there is no significant negative impact upon employment conditions in this
state as a result of these proposed rule changes.
Comments on the proposed sections may be submitted to Larry Temple, Director
of Welfare Reform, Texas Workforce Commission, 101 East 15th Street, Room
458-T, Austin, Texas 78778; Fax Number 512-463-2209; E-mail to larry.temple@twc.state.tx.us.
Comments must be received by the Commission no later than 30 days from
the date this proposal is published in the
Texas
Register
.
40 TAC §§811.1-811.5, 811.10-811.23, 811.60
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Workforce Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Texas Labor Code,
Chapter 301, which authorizes the Commission to adopt rules necessary for
the administration of the Commission and the workforce development division.
The repeals of old sections are also proposed under the Texas Human Resources
Code, Title 2, Subtitle C, Chapter 31, Financial Assistance and Service Programs,
which governs employment services for recipients of financial assistance.
The repeals affect the Texas Labor Code, Title 4 and the Texas Human Resources
Code, Title 2, Subtitle C, Chapter 31.
§811.1.Who Is Required To Participate.
§811.2.Who May Volunteer.
§811.3.Reporting Change in Status.
§811.4.Employment Services.
§811.5.Volunteering for Jobs.
§811.10.Target Population.
§811.11.Levels of Service.
§811.12.Participant Extended Eligibility for Case Management Services.
§811.13.Support Services for Participants in Job Opportunities and Basic Skills Training (JOBS) Program.
§811.14.Case Management Services for Job Opportunities and Basic Skills (JOBS) Participants.
§811.15.Client Participation Requirements.
§811.16.Penalties for Failure to Participate.
§811.17.Good Cause for Failure to Participate.
§811.18.Conciliation and Fair Hearings.
§811.19.Payments for General Educational Development (GED) Testing and Texas Certificates of High School Equivalency for Job Opportunities and Basic Skills Training (JOBS) Program Participants.
§811.20.Work Experience.
§811.21.Administrative Requirements for the Employment Services Programs.
§811.22.Audits of Employment Services Contractors.
§811.23.Basis of Payment for Employment Services Program.
§811.60.Memorandum of Understanding with the Department of Commerce Regarding Economic Development.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717097
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 463-8812
Subchapter A. General Provisions
40 TAC §811.1, §811.2
The new sections are proposed under the Texas Labor Code,
Chapter 301, which authorizes the Commission to adopt rules necessary for
the administration of the Commission and the workforce development division.
The new sections are also proposed under the Texas Human Resources Code, Title
2, Subtitle C, Chapter 31, Financial Assistance and Service Programs, which
governs employment services for recipients of financial assistance.
The new sections affect the Texas Labor Code, Title 4 and the Texas Human
Resources Code, Title 2, Subtitle C, Chapter 31.
§811.1.Goal and Purpose.
(a)
Goal. All applicants and recipients of temporary
cash assistance will obtain employment that leads to self-sufficiency at the
earliest opportunity.
(b)
Purpose. Choices services provide work-related activities
and support to assist eligible participants to prepare for and retain employment
and avoid becoming or remaining dependent on public assistance.
§811.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
Commission
-- The Texas Workforce Commission (TWC).
DHS
-- The Texas Department of Human Services.
Employability plan
-- A plan developed by Choices staff and
a participant that is based on an individual and family assessment, that delineates
the goal of self-sufficiency through employment, and sets out the steps necessary
to achieve the goal. The plan, signed by the participant, is the participation
agreement for compliance purposes.
Employment entry
-- Entry of a participant into an unsubsidized,
paid job or when a participant begins a personal business, a farm, or other
self-employment enterprise.
Exempt
-- The status of a recipient of temporary cash assistance
who is not required to participate in employment services activities, as determined
by DHS staff.
Exemptions
-- Criteria established by DHS that permanently
or temporarily excuse a recipient of temporary cash assistance from the employment
services participation requirements.
GED
-- Abbreviation for General Educational Development, a
trademark for a series of tests measuring skill in writing, social studies,
science, reading, and math at the high school level; the initials sometimes
refer to the equivalency certificate (formal name in Texas: Certificate of
High School Equivalency).
Good cause determination
-- A decision by Choices staff that
a nonexempt participant is not able at the current time to participate in
employment services or in ancillary services required as part of the employability
plan.
Individual development account (IDA)
-- A state-established
account for deposits by a recipient of temporary cash assistance and any matching
funds from employers or other community organizations to be used for specific
purposes.
JTPA
-- The Job Training Partnership Act and the programs
established under such laws to prepare youth and adults facing barriers to
employment for participation in the labor force by providing job training
and other job services.
Local workforce development board
-- An entity formed under
Texas Government Code, Title 10, Subchapter F and as detailed in 40 Texas
Administrative Code, §8.801(b) relating to Requirements for Formation
of Local Workforce Development Boards.
Nonexempt
-- The status of a recipient of temporary cash assistance
who is required to participate in employment services activities, as determined
by DHS staff.
Participant
-- A person who is enrolled in Choices services.
Choices
-- The program formerly known as the Job Opportunities
and Basic Skills Training (JOBS) program.
Choices staff
-- Any personnel assigned to functions responsible
for providing direct employment services or support services for applicants
and recipients of temporary cash assistance. This term applies to TWC staff,
to staff of Local Workforce Development Boards, and to contracted service
providers.
Penalty
-- A reduction in a family's temporary cash assistance
grant applied by DHS staff when a nonexempt recipient is sanctioned. The financial
penalty is equal to the needs amount for one parent each month of the sanction
period. In two parent families, if both parents are sanctioned, the penalty
is equal to the needs amount for both parents. See definition of sanction.
Sanction
-- Action taken by DHS staff when a nonexempt recipient
of temporary cash assistance does not comply with employment services requirements.
See definition of penalty.
Subsidized employment
-- A time-limited training position
that meets suitability and non-displacement requirements of the Federal Unemployment
Tax Act and other federal laws.
TAC
-- Texas Administrative Code.
Temporary cash assistance
-- A cash grant provided through
DHS to persons who meet certain residency, income, and resource criteria as
provided for under the federal Personal Responsibility and Work Opportunity
Reconciliation Act and the Temporary Assistance for Needy Families block grant
statutes and regulations. The acronym used for this assistance is TANF. The
former name was Aid to Families with Dependent Children or AFDC.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717098
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 463-8812
40 TAC §§811.11-811.20
The new sections are proposed under the Texas Labor Code,
Chapter 301, which authorizes the Commission to adopt rules necessary for
the administration of the Commission and the workforce development division.
The new sections are also proposed under the Texas Human Resources Code, Title
2, Subtitle C, Chapter 31, Financial Assistance and Service Programs, which
governs employment services for recipients of financial assistance.
The new sections affect the Texas Labor Code, Title 4 and the Texas Human
Resources Code, Title 2, Subtitle C, Chapter 31.
§811.11.Eligibility.
Applicants for and recipients of temporary cash assistance benefits
who are at least 13 years of age are eligible for Choices services funded
through the TANF block grant funds. Former recipients of temporary cash assistance
who participated in Choices services also are eligible for employment retention
and re-employment services as stipulated in §811.20 of this title (relating
to Employment Retention and Re-Employment Services).
§811.12.Participation Requirements.
(a)
To be certified and to remain eligible for temporary cash
assistance benefits, applicants and recipients must comply with employment
services requirements unless they are exempt as specified in DHS' rules located
at 40 TAC §§3.301 of this title (relating to Responsibilities of
Clients and the Texas Department of Human Services), 3.7301 of this title
(relating to Career Opportunity Orientation Requirements), 3.7302 of this
title (relating to Exceptions to the Career Opportunity Orientation Appointments),
3.1101 of this title (relating to Who is Required to Participate), and 3.3907
of this title (relating to Employment Services) or have good cause as stipulated
in §811.13 of this title (relating to Good Cause).
(b)
Compliance with employment services requirements includes
each of the following:
(1)
Applicants of temporary cash assistance must attend a
scheduled workforce orientation.
(2)
Recipients of temporary cash assistance must participate
in assessment and employment planning appointments and assigned employment
and training activities for the required number of hours per week as stipulated
in 42 U.S.C.A. §607 or as designated in an individual employability
plan. Compliance shall be based on the assigned number of hours designated
in the
employability plan, even if greater than the federal minimum expectation.
(3)
Recipients must attend scheduled appointments.
(4)
Recipients must participate in or receive ancillary
services required to remove barriers to employment or participation in employment-related
activities. These services include, but are not limited to, counseling, treatment,
vocational or physical rehabilitation, and medical or health services.
(5)
Recipients must accept a job offer.
§811.13.Good Cause.
A recipient of temporary cash assistance who fails to comply with
employment services requirements may have good cause if verified or otherwise
demonstrated by the recipient to the satisfaction of Choices staff. Each of
the following may constitute good cause.
(1)
The person is temporarily ill or incapacitated.
(2)
The person is incarcerated or has a court appearance.
(3)
The person is the parent or caretaker personally
providing care for a child under the age of six and shall not be required
to participate more than 20 hours per week. This good cause situation shall
not apply to custodial parents who have not completed high school or its equivalent
or to two parent families where one parent is able to care for the child.
(4)
The person is the caretaker of a physically or mentally
disabled child who requires the caretaker's presence in the home.
(5)
The person demonstrates that there is no available
transportation or there is a breakdown in transportation arrangements.
(6)
The person demonstrates that there is no available
child care or there is a breakdown in child care arrangements.
(7)
There is a lack of other necessary support services
and participation is not deemed possible without such services.
(8)
The person receives a job referral that results in
an offer below the minimum wage, except for certain work-related, on-the-job
training activities such as work skills training.
(9)
There are no available jobs within reasonable commuting
distance, which means that travel from home to the job or training would require
commuting time of more than two hours round trip, or the distance prohibits
walking and transportation is not available.
(10)
A family crisis or family circumstances preclude
participation, including being a victim of domestic violence. The recipient
shall be expected to engage in problem resolution through appropriate referrals
for counseling and supportive services, and the situation shall be reevaluated
within three months. Good cause shall not be extended beyond six months for
domestic violence purposes.
§811.14.Penalties for Failure to Participate.
Applicants for or recipients of temporary cash assistance are subject
to actions and penalties as specified in DHS' rules at 40 TAC §3.7303
of this title (relating to Failure to Comply) and §3.1104 of this title
(relating to Failure to Comply with Title IVA Employment Programs).
§811.15.Access to Choices Services.
Applicants and recipients of temporary cash assistance access the Choices
services through the following methods:
(1)
direct referrals from DHS eligibility staff;
(2)
outreach methods; or
(3)
requesting services through DHS eligibility, Choices
staff, or education and training providers.
§811.16.Assessment.
(a)
Choices participants shall have an initial assessment
to determine the participant's employability and needs. At a minimum, the
assessment shall cover information about the participant's employment and
educational history; vocational and educational skills, experiences, and
needs; support services needs; and family circumstances that may affect participation.
The existence of family violence shall be one of the factors considered in
evaluating a participant's employability.
(b)
The need for family violence services, or other services
to address severe family crisis situations, must be considered when establishing
the participant's employability plan and in assigning hours of work or work-related
activities. Participation in counseling or other services to address family
violence and other crisis situations may be included in the participant's
employability plan.
(c)
As part of the initial assessment, a literacy assessment
shall be conducted for Choices participants using a statewide standard literacy
assessment instrument. The grade level results of the literacy assessment
shall be compared by DHS to the participant's stated grade completion to determine
the appropriateness of the initial time limit designation for cash assistance
as stipulated in the Texas Human Resources Code, §31.0065, relating to
Time-Limited Benefits.
§811.17.Choices Service Strategies.
(a)
Workforce Orientation for Applicants. As a condition of
eligibility, applicants for temporary cash assistance are required to attend
a workforce orientation that includes information on choices available to
allow them to enter the Texas workforce. Applicants are informed about the
impact of time-limited benefits, the advantages of working, individual and
parental responsibilities, the services available through Choices, and consequences
for noncompliance. Following the orientation, applicants are provided an appointment
for employment planning which they are required to attend if they are subsequently
certified as eligible for temporary cash assistance.
(b)
Work First. Services available through Choices are consistent
with a Work First service delivery approach which ensures that participants
access the labor market before or immediately after certification for temporary
cash assistance benefits. A period of assisted job search and job readiness
activities is established through written policy guidelines by Local Workforce
Development Boards, consistent with state established guidelines. Participants
who do not obtain employment during this timeframe are placed in work, education,
or training activities as identified in the participant's employability plan.
Planned services shall consider the individual assessment and the participant's
time limits for temporary cash assistance.
(c)
Adults. Services for adults focus on activities individually
designed to lead to employment and self-sufficiency as quickly as possible.
(d)
Teens. Services for teenage participants focus on completion
of school, graduating or obtaining a high school equivalency certificate,
and making the transition from school to work.
(e)
Local Contracting. Local Workforce Development Boards
may contract for services on a pay-for-performance basis.
(f)
Local Flexibility. Local Workforce Development Boards
are encouraged to develop additional service strategies that are consistent
with Goal and Purpose as set out in §811.1 of this chapter.
§811.18.Monitoring of Participation.
Choices staff shall monitor the activities of participants on a weekly
basis, unless less frequent monitoring is approved under written guidelines
by the Commission. Monitoring shall consist of tracking and reporting hours
of participation, evaluation of the participant's progress in the assigned
activity, and determining and arranging for any intervention needed to assist
the participant in complying with program requirements.
§811.19.Individual Development Accounts.
(a)
Subject to available resources, individual development
accounts (IDA) shall be established and administered by the Commission or
by contract with a nonprofit private or public entity.
(b)
The account shall be administered to assist a recipient
of temporary cash assistance participating in a work-related activity, including
but not limited to the Subsidized Employment Program.
(c)
Use of funds in a participant's IDA is limited to expenses
related to:
(1)
home ownership;
(2)
medical expenses;
(3)
education and training expenses such as tuition,
books, and costs for qualifying examinations;
(4)
small business start-up; or
(5)
other types of asset accumulation.
(d)
The Commission reserves the right to place more restrictive
limits for use of the individual development accounts through written guidelines.
(e)
Deposits made in an IDA may be matched by an employer,
a community group, or a financial institution. Match is not considered as
income.
§811.20.Employment Retention and Re-employment Services.
(a)
Monitoring of employment retention and the reporting of
hours of employment is required for at least the length of time the participant
remains eligible for temporary cash assistance.
(b)
Participant follow-up methods and timeframes shall be
established through local policy and procedures, but shall occur no less often
than monthly.
(c)
Employment retention and re-employment services may be
made available to participants beyond denial of temporary cash assistance
benefits. These services include but are not limited to the following:
(1)
assistance and support for the transition into employment
through direct services or referrals to resources available in the area;
(2)
child care, if needed;
(3)
work-related expenses, including those identified
in §811.35 of this title (relating to Work- Related Expenses);
(4)
transportation necessary for a period of time to
allow a participant who loses employment to engage in short-term, supported
job search or related activities;
(5)
job readiness services and assisted intensive job
search to help a participant who loses employment find another job as quickly
as possible;
(6)
job placement and job development services to help
a participant who loses employment find another job as quickly as possible;
or
(7)
referrals to available education and training resources,
as needed, to increase an employed participant's skills or to help the participant
qualify for advancement and longer-term employment goals.
(d)
Employment retention and re-employment services may be
provided by Commission staff, local workforce development boards, or contracted
service providers.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717099
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 463-8812
40 TAC §§811.31-811.34
The new sections are proposed under the Texas Labor Code,
Chapter 301, which authorizes the Commission to adopt rules necessary for
the administration of the Commission and the workforce development division.
The new sections are also proposed under the Texas Human Resources Code, Title
2, Subtitle C, Chapter 31, Financial Assistance and Service Programs, which
governs employment services for recipients of financial assistance.
The new sections affect the Texas Labor Code, Title 4 and the Texas Human
Resources Code, Title 2, Subtitle C, Chapter 31.
§811.31.Job Search-Related Activities.
The Commission or Local Workforce Development Boards shall provide
for activities and services to assist participants find employment as early
as possible as described in Subchapter C of this title (relating to Job Search-Related
Activities).
§811.32.Job Readiness.
Job readiness activities are individual assistance or coordinated,
planned, and supervised classes for participants to prepare them for seeking
employment. Activities include, but are not limited to, the following:
(1)
occupational exploration;
(2)
job skills assessment;
(3)
assistance with applications and resumes;
(4)
job fairs;
(5)
interviewing skills and practice interviews;
(6)
life skills; or
(7)
guidance and motivation for development of positive
work attitudes and behaviors necessary for the labor market.
§811.33.Job Search.
Job search services are individual and group activities in which participants
actively seek employment under the guidance of Choices staff. Job search services
include, but are not limited to, the following:
(1)
counseling;
(2)
job search skills training; or
(3)
information on available jobs.
§811.34.Job Development and Job Placement Services.
Choices staff may provide job development and job placement services
to assist participants in finding employment. These services include recruiting
employers with job openings, recruiting employers with positions for subsidized
employment and other work-related activities, or matching participant's skills
and abilities with employer's needs.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717100
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 463-8812
40 TAC §§811.41-811.45
The new sections are proposed under the Texas Labor Code,
Chapter 301, which authorizes the Commission to adopt rules necessary for
the administration of the Commission and the workforce development division.
The new sections are also proposed under the Texas Human Resources Code,
Title 2, Subtitle C, Chapter 31, Financial Assistance and Service Programs,
which governs employment services for recipients of financial assistance.
The new sections affect the Texas Labor Code, Title 4 and the Texas Human
Resources Code, Title 2, Subtitle C, Chapter 31.
§811.41.Work-Based Programs.
(a)
The Commission or Local Workforce Development Boards may
provide for the development of work and work-based training activities as
specified in Texas Human Resources Code, §31.0126 (relating to Employment
Programs) and as described in Subchapter D of this title (relating to Work-Based
Programs).
(b)
A participant who has good cause as described in §811.13
of this title (relating to Good Cause) or who is incapable of performing a
particular job shall not be required to participate in that activity or may
cease to participate in that activity.
(c)
When requested, the Commission may provide technical assistance
to Local Workforce Development Boards on the work activities described in
Subchapter D of this title (relating to Work-Based Programs).
§811.42.Subsidized Employment.
(a)
Enrollment.
(1)
Participants who, after an objective assessment of their
skills, are determined by Choices staff to have the basic skills and attitudes
necessary to succeed in the workplace may be placed in subsidized employment
positions.
(2)
Participants, age 18 and older, who are unemployed
after completing an initial job readiness and job search period may be required
to enter into a subsidized employment position based on available resources
and the participant's skills, interests, and employability plan.
(3)
Other participants may volunteer for a subsidized
employment position.
(b)
Duration of the Activity. Participants in a subsidized
employment position are encouraged to work between 35 and 40 hours per week
for no more than four full months. Overtime is allowed by mutual agreement
between the participant and the employer.
(c)
Wages.
(1)
Wages shall be at least minimum wage.
(2)
Employers must provide the same wages and benefits
to subsidized employees as for unsubsidized employees with similar skills,
experience, and position.
(3)
If overtime is earned, the employer is responsible
for all wages in excess of 40 hours per week.
(4)
Upon submission of a monthly voucher supported by
weekly time and attendance documentation, employers will be subsidized a portion
of wages paid, as determined by contract. The subsidy is derived from the
participant's temporary cash assistance and food stamp benefits which are
diverted to the Commission to be distributed to the employer.
(d)
Status of Enrollment at Denial of Benefits. If a participant's
temporary cash assistance benefits are denied while enrolled in a subsidized
employment position, the employment subsidy ends with the effective date of
denial. Employers may decide whether or not to retain the participant in an
unsubsidized employment position.
§811.43.Work Skills Training.
Choices participants may be placed in unsalaried, work-based, training
positions in either the private, for profit or nonprofit sector or the public
sector to improve the employability of participants who have been unable to
find employment. The placements are time-limited, and individual positions
must be designed to move participants quickly into regular employment. Additional
requirements relating to work skills training include the following:
(1)
each training position must have designated hours, tasks,
skill attainment objectives, and staff supervision;
(2)
training must not result in the displacement of currently
employed workers or impair existing contracts for services or collective bargaining
agreements;
(3)
entities that enter into nonfinancial agreements
with the Commission or Local Workforce Development Boards shall identify training
positions and provide job training and work skills training within their organization
that will enable participants to gain the skills necessary to compete in the
labor market; and
(4)
all non-exempt participants who are unemployed after
completing job search activities must be evaluated on an individual basis
to determine if enrollment in work skills training will be required, based
on available resources and the local labor market.
§811.44.Texans Work Program.
(a)
Description. The Texans Work Program is on-the-job training
for Choices participants.
(b)
Participating Employers. Employers or employer alliances
or consortia may participate in the program upon approval by the Commission
or by the Local Workforce Development Boards.
(c)
Approval of the Employer's Training Program. An employer's
training program must be approved by the Commission in collaboration with
the Texas Skills Standards Board following written guidelines to be developed
by the Commission.
(d)
Employer Responsibilities. Employers, other approved organizations
as stipulated in subsection (b) of this section, or subcontracted training
providers are responsible for the following:
(1)
designing the training curriculum and providing the training;
(2)
providing one or more training positions for Choices
participants;
(3)
contributing $300 per month, to the Commission, for
each trainee for the duration of the training program; and
(4)
reporting the trainee's attendance and other necessary
information as established in written guidelines by the Commission or the
Local Workforce Development Boards.
(e)
Participants in the Texans Work Program.
(1)
Participants who are unemployed after completing job search
activities may be required to participate in a Texans Work assignment.
(2)
Choices staff shall make arrangements with the employers
to provide candidates for the training positions. Employers may conduct interviews
or use other objective means to select appropriate trainees for the available
positions.
(3)
Excessive, unexcused absences by a participant, as
defined by the employer and based on the participant's employability plan,
shall be subject to a pro-rata reduction in the amount of the training stipend
received under subsection (g) of this section.
(f)
Duration of the Placement. The length of a training course
shall be in compliance with the Texas Labor Code, Subtitle B, Title 4, Chapter
308.
(g)
Exception to Duration. The workforce development division
may approve an exception to subsection (f) of this section. The workforce
development division will consider the specific training needs in granting
an exception.
(h)
Training Stipend. Each participant making satisfactory
progress in the training program as set forth in the course curriculum shall
receive a monthly training stipend of $600 in addition to the temporary cash
assistance and other financial assistance authorized by DHS staff.
§811.45.Self-Employment Assistance.
(a)
Subject to available resources, the Commission shall,
or Local Workforce Development Boards may, provide for self-employment assistance
services for appropriate Choices participants to enable them to begin or continue
a small business. For the purpose of this subsection, a small business has
five or fewer employees.
(b)
Self-employment assistance may include a microenterprise
development program, centrally administered by the Commission. The Commission
may contract with credit organizations to provide individual loans and business
counseling services to eligible participants for authorized services. These
loans must be repaid.
(c)
Participants shall be selected for self-employment assistance
through an objective assessment process that will identify participants that
are likely to succeed as a business owner.
(d)
Self-employment assistance may include, but is not limited
to:
(1)
entrepreneurial training;
(2)
business counseling;
(3)
financial assistance; or
(4)
technical assistance.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717101
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 463-8812
40 TAC §§811.61-811.65
The new sections are proposed under the Texas Labor Code,
Chapter 301, which authorizes the Commission to adopt rules necessary for
the administration of the Commission and the workforce development division.
The new sections are also proposed under the Texas Human Resources Code, Title
2, Subtitle C, Chapter 31, Financial Assistance and Service Programs, which
governs employment services for recipients of financial assistance.
The new sections affect the Texas Labor Code, Title 4 and the Texas Human
Resources Code, Title 2, Subtitle C, Chapter 31.
§811.61.Education and Training Activities.
The education and training activities specified in this subchapter
may be included in a participant's employability plan, if needed, to support
the participant's movement toward employment. Consideration shall be given
to the participant's employability assessment, the local labor market, and
the participant's time-limited benefits when authorizing or arranging these
activities.
§811.62.Educational Activities.
Choices staff may authorize, arrange, or refer participants for the
following educational activities if deemed necessary for finding employment:
(1)
secondary school leading to a high school diploma;
(2)
a course of study leading to a certificate of high
school equivalency;
(3)
basic skills and literacy;
(4)
English proficiency; or
(5)
post-secondary vocational education, for up to 12
months, that prepares participants for employment in current and emerging
occupations that do not require a baccalaureate or advanced degree.
§811.63.Vocational and Job Skills Training.
Choices staff may authorize, arrange, or refer participants for training
in vocational job skills or knowledge in specific occupational areas. The
training must be related to the types of jobs available in the labor market.
When possible, the training should be consistent with employment goals identified
in the participant's employability plan.
§811.64.On-the-Job Training.
Choices staff may authorize subsidized, time-limited training activities,
such as JTPA on-the-job training programs, where a participant obtains knowledge
and skills which are essential to the workplace while in a job setting.
§811.65.Parenting Skills Training.
Parenting skills training shall be incorporated in the participant's
employability plan as needed or required in the Texas Human Resources Code,
§31.0135(b).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717102
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 463-8812
40 TAC §§811.81-811.87
The new sections are proposed under the Texas Labor Code,
Chapter 301, which authorizes the Commission to adopt rules necessary for
the administration of the Commission and the workforce development division.
The new sections are also proposed under the Texas Human Resources Code, Title
2, Subtitle C, Chapter 31, Financial Assistance and Service Programs, which
governs employment services for recipients of financial assistance.
The new sections affect the Texas Labor Code, Title 4 and the Texas Human
Resources Code, Title 2, Subtitle C, Chapter 31.
§811.81.Support Services.
Support services identified in this subchapter shall be provided, if
needed, to an applicant or recipient of temporary cash assistance to remove
barriers to employment or participation in Choices services, subject to availability
of resources and funding.
§811.82.Child Care.
(a)
Child care shall be provided, if needed, to an applicant
or recipient of temporary cash assistance to enable the person to accept employment
and remain employed.
(b)
For recipients of temporary cash assistance, child care
shall be available for participants only, when needed, to participate in authorized
Choices services.
(c)
Child care services are governed by rules contained in
Chapter 809 of this title (relating to Child Care and Development Rules).
(d)
Child care may be subject to a parent fee as set by rule
by the Commission.
§811.83.Transitional Child Care.
Transitional child care shall be provided, if needed, to participants
who lose eligibility for temporary cash assistance due to earnings from employment
or expiration of time-limited benefits as follows.
(1)
Nonexempt, employed participants may receive transitional
child care for a period of 12 months following denial of temporary cash assistance
if they remain employed.
(2)
Employed participants may receive transitional child
care for 18 months if they were exempt from employment services due to child-related
needs (caring for a child under age four or needed at home due to illness
or incapacity of a child) but they voluntarily participated.
(3)
Transitional child care may be provided for unemployed
participants who lose eligibility due to the expiration of their time-limited
benefits. Transitional child care for unemployed participants is available
for up to eight weeks following the end of the participant's time limits
if needed to complete an education or training program and for up to four
weeks if needed to seek employment.
(4)
Eligibility for transitional child care is subject
to an income limit as specified in §809.67 of this title (relating to
Income Limits for Child Care Services).
(5)
Transitional child care is subject to parent fees
based on income as specified in §809.89 of this title (relating to Assessing
Required Parent Fees).
§811.84.Transportation.
(a)
Transportation assistance shall be provided if needed
to enable an applicant or a recipient of temporary cash assistance to attend
and participate in required Choices employment services activities if alternative
transportation resources are not available to the participant.
(b)
The methods and amounts used to provide transportation
assistance shall be determined by each Local Workforce Development Board,
consistent with state policy which requires use of the most economical means
of transportation that meets the participant's needs.
§811.85.Work-related Expenses.
(a)
If other resources are not available, work-related expenses
necessary for an applicant or a recipient to accept or retain a specific
and verified job offer paying at least the federal minimum wage may be provided
or reimbursed.
(b)
Local Workforce Development Boards shall develop written
policy related to the methods and limitations for provision of work-related
expenses.
(c)
Work-related expenses may include, but are not limited
to, tools, uniforms, equipment, transportation, car repairs, housing or moving
expenses, and the cost of vocationally required examinations or certificates.
§811.86.Wheels for Work.
(a)
The Commission may provide for development of a Wheels
for Work Program in which local non-profit organizations provide low cost
automobiles for Choices participants who have secured employment but are unable
to accept or retain the employment solely because of a lack of transportation.
(b)
The Commission or Local Workforce Development Boards may
assist participants who verify the need for an automobile to accept or retain
employment by referring them to available providers.
(c)
Persons or organizations donating automobiles to the program
shall receive a charitable donation receipt for federal income tax purpose
for the value of the donated vehicle as documented in official automobile
price guides.
(d)
Liability insurance is the responsibility of the participant.
Necessary repairs, state inspection, and license fees not covered by the donating
entity may be covered by other community resources or through the Choices
work-related expenses up to any local or state authorized limit.
§811.87.GED Testing Payments.
The cost of GED testing and issuance of the certificate shall be paid
by the Commission or Local Workforce Development Board through direct payments
to the GED test centers and the Texas Education Agency for participants referred
for testing by Choices staff.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717103
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 463-8812
40 TAC §811.101
The new section is proposed under the Texas Labor Code, Chapter
301, which authorizes the Commission to adopt rules necessary for the administration
of the Commission and the workforce development division. The new sections
are also proposed under the Texas Human Resources Code, Title 2, Subtitle
C, Chapter 31, Financial Assistance and Service Programs, which governs employment
services for recipients of financial assistance.
The new section affects the Texas Labor Code, Title 4 and the Texas Human
Resources Code, Title 2, Subtitle C, Chapter 31.
§811.101.Fair Hearings or Appeals.
(a)
Applicants and recipients of temporary cash assistance
may appeal adverse action taken on their application for benefits or amount
of benefits to DHS in accordance with DHS' rules located at 40 TAC §3.2406
of this title (relating to Right to Appeal).
(b)
Persons who are dissatisfied with decisions of Choices
staff relating to Choices activities or support services may file an appeal
of the decision. The request must be submitted in writing to the Appeals
Department, Texas Workforce Commission, 101 East 15th Street, Room 410; Austin,
Texas 78778-0001, within 30 calendar days after being notified in writing
of the decision. Choices staff shall inform participants, upon request, of
the procedures for requesting a fair hearing.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 22, 1997.
TRD-9717104
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: February 2, 1998
For further information, please call: (512) 463-8812
Chapter 811.
Job Opportunities and Basic Skills
Chapter 811.
Choices
Subchapter B. Eligibility and Participation
Subchapter C. Job Search-Related Activities
Subchapter D. Work-Based Programs
Subchapter E. Education and Other Training Activities
Subchapter F. Support Services
Subchapter G. Appeals
Chapter 819.
Interagency Matters