Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 77.
EMPLOYMENT PRACTICES
The Texas Department of Human Services (DHS) adopts the repeal of §§77.10-77.15;
and adopts new §§77.1, 77.2, 77.11-77.17, and 77.31-77.44 without
changes to the proposed text published in the January 24, 2003, issue of the
DHS undertook the repeals and new sections as a result of its review of
Chapter 77 as mandated by the Government Code, §2001.039, and as part
of its initiative to rewrite agency rules in question-and-answer format to
make them easier for the public to understand.
DHS received no comments regarding adoption of either the repeals or the
new sections.
Subchapter A. INTRODUCTION
40 TAC §77.1, §77.2
The new sections are adopted under the Government Code, §656.048,
which authorizes DHS to adopt rules relating to employee training and education.
The new sections implement the Government Code, §656.048.
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 March 25, 2003.
TRD-200302010
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 14, 2003
Proposal publication date: January 24, 2003
For further information, please call: (512) 438-3734
40 TAC §§77.10 - 77.15
The repeals are adopted under the Government Code, §656.048,
which authorizes DHS to adopt rules relating to employee training and education.
The repeals implement the Government Code, §656.048.
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 March 25, 2003.
TRD-200302011
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 14, 2003
Proposal publication date: January 24, 2003
For further information, please call: (512) 438-3734
40 TAC §§77.11 - 77.17
The new sections are adopted under the Government Code, §656.048,
which authorizes DHS to adopt rules relating to employee training and education.
The new sections implement the Government Code, §656.048.
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 March 25, 2003.
TRD-200302012
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 14, 2003
Proposal publication date: January 24, 2003
For further information, please call: (512) 438-3734
40 TAC §§77.31 - 77.44
The new sections are adopted under the Government Code, §656.048,
which authorizes DHS to adopt rules relating to employee training and education.
The new sections implement the Government Code, §656.048.
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 March 25, 2003.
TRD-200302013
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 14, 2003
Proposal publication date: January 24, 2003
For further information, please call: (512) 438-3734
Chapter 175.
GENERAL RULES OF THE VETERANS LAND BOARD
Subchapter B. MORTGAGE FINANCING
40 TAC §175.52
The Veterans Land Board of the State of Texas (board) adopts
an amendment to Texas Administrative Code, Title 40, Part 5, Chapter 175, §175.52
related to Borrower's Eligibility and Number of Loans without changes as published
in the February 7, 2003, issue of the
Texas Register
(28 TexReg 1166) and will not be republished. The adopted amendment
creates a new subsection, §175.52(d), for the land mortgage program.
The purpose of the amendment is to provide for the conversion of existing
Land Contracts for Sale and Purchase to Land Mortgage Loans. The amendment
is required by Texas Natural Resources Code §§161.501 through 161.513
relating to Purchase of Land Secured by Mortgage, Deed of Trust, or Other
Lien on Land.
The present method of financing the purchase by a Texas veteran is by a
contract of sale and purchase and has been used since the inception of the
Veterans Land Board. Chapter 175, Subchapter B related to Mortgage Financing
contains rules governing the new method of financing the purchase of land
by eligible Texas veterans using a mortgage. The adopted amendment, related
to the conversion of contracts to mortgages, will allow purchasers to convert
their contracts for sale and purchase to a mortgage loan. The conversion will
replace one set of security documents with another. Financing with a mortgage
gives the purchasers advantages over financing with a contract for sale and
purchase.
The adopted 175.52(d) authorizes the chairman to establish the procedures
and requirements for conversion of contracts to mortgages under the new veterans
land mortgage program.
No comments were received regarding the proposed amendment.
The amendments to this section are adopted under the Natural
Resources Code, Title 7, Chapter 161, §§161.063, 161.503, 161.504,
161.506, 161.508, 161.511 and 161.513 which authorizes the Board to adopt
rules that it considers necessary and advisable for the Veterans Land Program
and the Veterans Land Mortgage Program.
Texas Natural Resources Code §§161.221 to 161.230 and 161.501
to 161.513 are affected by this action.
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 March 31, 2003.
TRD-200302120
Larry L. Laine
Chief Clerk, Deputy Commissioner
Texas Veterans Land Board
Effective date: April 20, 2003
Proposal publication date: February 7, 2003
For further information, please call: (512) 305-9129
40 TAC §175.61, §175.62
The Veterans Land Board of the State of Texas (board) adopts
Texas Administrative Code, Title 40, Part 5, Subchapter B §175.61 related
to Delinquencies, Acceleration and Foreclosures and §175.62 related to
Trustee's Sale without changes to the text as published in the February 7,
2003, issue of the
Texas Register
( 28 TexReg
1167) and will not be republished. The purpose of the adopted new rules is
to provide fair notice to all parties of the board's procedures for delinquency,
acceleration, foreclosure and post foreclosure measures. The adopted new rules
are required by Texas Natural Resources Code §§161.501 through 161.513
relating to Purchase of Land Secured by Mortgage, Deed of Trust, or Other
Lien on Land.
The land mortgage program is subject to the Texas Property Code regarding
procedures for foreclosure and to the Texas Business and Commerce Code regarding
filing and priority of security instruments. Other state and federal laws
also apply to mortgages issued under the board's land mortgage program. The
legal procedures for foreclosure are specified in other laws and these adopted
rules do not purport to affect any legally required procedure for mortgages,
notes, deeds of trust or foreclosures.
Adopted new §175.61, states that the board, under the new veterans
land mortgage program, will follow the foreclosure procedures according to
the terms of the note and deed of trust for each loan or any other lien document
associated with each loan, and according to state and federal law, as applicable.
Adopted new §175.62, provides for the board's procedures at any trustee's
sale of a foreclosed mortgage loan, and for disposition of land by the board
after foreclosure and purchase by the board.
No comments were received regarding the proposed new rules.
The new sections are adopted under the Natural Resources Code,
Title 7, Chapter 161, §§161.063, 161.319, 161.503, 161.504, 161.506,
161.508, 161.511 and 161.513 which authorizes the Board to adopt rules that
it considers necessary and advisable for the Veterans Land Program and to
provide for Land Mortgage Program foreclosure and for resale of land.
Texas Natural Resources Code §§ 161.319 and 161.501 to 161.513
are affected by this action.
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 March 31, 2003.
TRD-200302115
Larry L. Laine
Chief Clerk, Deputy Commissioner
Texas Veterans Land Board
Effective date: April 20, 2003
Proposal publication date: February 7, 2003
For further information, please call: (512) 305-9129
Chapter 201.
COUNCIL ADMINISTRATION: POLICIES AND PROCEDURES
40 TAC §201.2, 201.4, 201.5, 201.8 - 201.10
The Texas Department of Protective and Regulatory Services
(PRS) adopts the repeal of Chapter 201, Council Administration: Polices and
Procedures, consisting of §§201.2, 201.4, 201.5, and 201.8 - 201.10,
without changes to the proposal published in the December 6, 2002, issue of
the
Texas Register
(27 TexReg 11497).
Effective September 1, 2001, the Children's Trust Fund of Texas Council
was transferred to PRS. As a result, PRS is repealing Chapter 201, and adopting
new Children's Trust Fund rules in Chapter 704, Prevention and Early Intervention.
New Chapter 704 is adopted in this issue of the
Texas Register
.
The repeals will function by replacing the repealed rules with new rules
that will be easier to comply with and will be consistent with other agency
requirements.
No comments were received regarding adoption of the repeals.
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The repeals implement the Human Resources Code, §40.029.
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 March 28, 2003.
TRD-200302082
C. Ed Davis
Deputy Director, Legal Services (PRS)
Children's Trust Fund of Texas Council
Effective date: May 1, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 438-3437
40 TAC §§202.1 - 202.8, 202.10 - 202.18
The Texas Department of Protective and Regulatory Services
(PRS) adopts the repeal of Chapter 202, Funded Program Awards and Contracts,
consisting of §§202.1 - 202.8 and §§202.10 - 202.18, without
changes to the proposal published in the December 6, 2002, issue of the
Effective September 1, 2001, the Children's Trust Fund of Texas Council
was transferred to PRS. As a result, PRS is repealing Chapter 202, and adopting
new Children's Trust Fund rules in Chapter 704, Prevention and Early Intervention.
New Chapter 704 is adopted in this issue of the
Texas Register
.
The repeals will function by replacing the repealed rules with new rules
that will be easier to comply with and will be consistent with other agency
requirements.
No comments were received regarding adoption of the repeals.
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The repeals implement the Human Resources Code, §40.029.
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 March 28, 2003.
TRD-200302083
C. Ed Davis
Deputy Director, Legal Services (PRS)
Children's Trust Fund of Texas Council
Effective date: May 1, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 438-3437
Chapter 701.
COMMUNITY INITIATIVES
The Texas Department of Protective and Regulatory Services (PRS) adopts
the repeal of Chapter 701, Community Initiatives, consisting of §§701.100
- 701.103, 701.201, 701.203, 701.205, 701.207, 701.209, 701.211, 701.213,
701.215, 701.217, 701.219, 701.221, 701.223, 701.225, 701.271, and 701.272,
without changes to the proposal published in the December 6, 2002, issue of
the
Texas Register
(27 TexReg 11498).
Community Initiatives, the former name of the division, has been changed
to Prevention and Early Intervention. Chapter 701 is repealed so the chapter
can be renamed and restructured. New Chapter 704, Prevention and Early Intervention,
is adopted in this issue of the
Texas Register
.
The repeals will function by replacing the repealed rules with new rules
that will be easier to comply with and will be consistent with other agency
requirements.
No comments were received regarding adoption of the repeals.
Subchapter A. SERVICES TO AT-RISK YOUTH (STAR) PROGRAM
40 TAC §§701.100 - 701.103
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The repeals implement the Human Resources Code, §40.029.
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 March 28, 2003.
TRD-200302084
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 438-3437
40 TAC §§701.201, 701.203, 701.205, 701.207, 701.209, 701.211, 701.213, 701.215, 701.217, 701.219, 701.221, 701.223, 701.225, 701.271, 701.272
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The repeals implement the Human Resources Code, §40.029.
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 March 28, 2003.
TRD-200302085
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 438-3437
Subchapter E. MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES
The Texas Department of Protective and Regulatory Services (PRS) adopts
new §702.413 with changes to the proposed text published in the December
6, 2002, issue of the
Texas Register
(27 TexReg
11499). The repeal of §702.413 is adopted without changes and will not
be republished.
The justification for the repeal and new section is to update the memorandum
of understanding (MOU) between PRS and the Texas Education Agency concerning
the Communities In Schools program.
The sections will function by ensuring the rule includes the updated MOU.
No comments were received regarding adoption of the section. However, PRS
is adopting new §702.413 with minor changes to correct typographical
errors.
40 TAC §702.413
The repeal is adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The repeal implements the Human Resources Code, §40.029, and the Texas
Family Code, §264.755.
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 March 28, 2003.
TRD-200302086
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 438-3437
40 TAC §702.413
The new section is adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The new section implements the Human Resources Code, §40.029, and
the Texas Family Code, §264.755.
§702.413.Memorandum of Understanding (MOU) Concerning the Communities In Schools Program.
(a)
Purpose. This memorandum of understanding (MOU) is a mutual
agreement between the Texas Education Agency (TEA) and the Texas Department
of Protective and Regulatory Services (PRS), established pursuant to the Texas
Family Code, Chapter 264, Subchapter I, Communities In Schools Program, §264.755.
The purpose of this agreement is to define specific responsibilities of the
TEA and PRS that will maximize the effectiveness of the Communities In Schools
program.
(b)
Participation.
(1)
The PRS's responsibilities under this agreement shall be
as follows:
(A)
participate in regular meetings to discuss strategies to
enhance the CIS program;
(B)
ensure that districts and campuses that operate the CIS
program include information about the program in the campus or district improvement
plan;
(C)
share participant data, within the parameters of federal
law and each agency's confidentiality and data collection policies;
(D)
safeguard the confidentiality of any participant information
and/or data provided by TEA;
(E)
develop student performance measures and program measures,
which will relate to keeping students in school;
(F)
encourage local businesses to participate in local CIS
programs;
(G)
provide a liaison and administrative support to the Community
In Schools State Advisory Council (CISSAC) as per HB 1574;
(H)
reimburse CISSAC members for travel expenses from the CIS
State Office operating budget;
(I)
replicate the CIS program into non-served areas of the
state; and
(J)
provide financial and operating reports as requested by
TEA.
(2)
The TEA's responsibilities under this agreement shall be
as follows:
(A)
provide a liaison to the CISSAC as per HB 1574;
(B)
transfer the appropriated state Compensatory Education
funds each fiscal year of the biennium to PRS;
(C)
designate a CIS liaison that will assist in the implementation
of the memorandum of understanding and participate in regular meetings to
discuss strategies to enhance the CIS program;
(D)
provide participant data and other information needed from
the Public Education Information Management System and other sources to assist
in evaluating the effectiveness of the CIS program in preventing students
from dropping out of school, within the parameters of federal law and the
TEA's confidentiality, student information sharing and data collection policies;
(E)
clarify requirements and procedures for school districts
and local CIS programs pertaining to sharing information;
(F)
safeguard the confidentiality of any participant information
and/or data provided by CIS;
(G)
provide information about CIS to the education community
throughout the state;
(H)
provide information to the CIS state office about educational
programs at TEA;
(I)
coordinate and include CIS in any agency programs, services,
conferences, and trainings related to at-risk youth when appropriate, and;
(J)
encourage local districts to partner with CIS.
(c)
Terms of the MOU.
(1)
This MOU shall be adopted by rule by PRS and TEA and will
be effective upon adoption.
(2)
The MOU may be considered for expansion, modification or
amendment at any time upon the mutual agreement of the Executive Director
of PRS and the Commissioner of TEA.
(3)
The MOU shall be reviewed jointly and, if necessary, updated
prior to the close of each fiscal year.
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 March 28, 2003.
TRD-200302087
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (PRS) adopts
new Chapter 704, Prevention and Early Intervention Services, consisting of §§704.1,
704.3, 704.201, 704.203, 704.205, 704.207, 704.401, 704.403, 704.405, 704.407,
704.409, 704.411, 704.601, 704.603, 704.801, and 704.803. New §§704.207,
704.403, and 704.411 are adopted with changes to the proposed text published
in the December 6, 2002, issue of the
Texas Register
(27 TexReg 11501). Sections 704.1, 704.3, 704.201, 704.203, 704.205,
704.401, 704.405, 704.407, 704.409, 704.601, 704.603, 704.801, and 704.803
are adopted without changes to the proposed text and will not be republished.
The justification for the new chapter is to rename and restructure the
rules to include general division rules and appropriate program-specific rules,
and to eliminate redundant or unnecessary rules. The chapter also includes
new rules for the Children's Trust Fund, which was transferred to PRS in the
last legislative session. The chapter is written in question and answer format,
and uses other plain language techniques. Also in this issue of the
The new sections will function by providing rules that will be easier to
understand and comply with, and will be consistent with other PRS requirements.
No comments were received during the public comment period regarding adoption
of the sections; however, members of the public testified regarding §704.411
at the Board's open meeting on March 28, 2003. In addition, the Communities
In Schools State Advisory Committee requested clarification on §704.411.
PRS is adopting §704.207 with a change to correct the website address,
correcting a typographical error in §704.403, and revising the text of §704.411
as follows: Should additional funds for the CIS program be provided to PRS
by the legislature, once any necessary replication has been addressed, these
funds may be made available to CIS providers for program expansion through
such processes as PRS deems appropriate. Similarly, if other funds are available,
these funds may be allocated through such processes as PRS deems appropriate.
Subchapter A. PURPOSE AND DEFINITIONS
40 TAC §704.1, §704.3
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The new sections implement the Human Resources Code, §40.029, and
the Texas Family Code, Chapter 265.
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 March 28, 2003.
TRD-200302088
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 438-3437
40 TAC §§704.201, 704.203, 704.205, 704.207
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The new sections implement the Human Resources Code, §40.029, and
the Texas Family Code, Chapter 265.
§704.207.How can a member of the public obtain more information on specific PEI initiatives or funding opportunities?
PEI procurements are posted on the Texas Marketplace (www.marketplace.com),
where the entire procurement package may be downloaded, including the Request
for Proposals (RFP), budget pages, certification forms, and any clarifications.
Hard copies of RFPs may also be requested from PRS after they are released.
Information on PEI programs and initiatives may be accessed on the agency's
website at: http://www.tdprs.state.tx.us/Prevention_and_Early_Intervention/About_Prevention_and_
Early_Intervention/default.asp
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 March 28, 2003.
TRD-200302089
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 438-3437
40 TAC §§704.401, 704.403, 704.405, 704.407, 704.409, 704.411
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The new sections implement the Human Resources Code, §40.029, and
the Texas Family Code, Chapter 264, Subchapter I.
§704.403.What are the roles and responsibilities of PRS and Texas Education Agency (TEA) with respect to the CIS program?
These responsibilities are defined in a Memorandum of Understanding
(MOU) between PRS and TEA, per Texas Family Code, Chapter 264, Subchapter
I, §264.755. The text of the MOU is found in §702.413 of this title
(relating to Memorandum of Understanding Concerning the Communities In Schools
(CIS) Program).
§704.411.How will additional or other funds be made available to CIS programs?
Should additional funds for the CIS program be provided to PRS by the
legislature, once any necessary replication has been addressed, these funds
may be made available to CIS providers for program expansion through such
processes as PRS deems appropriate. Similarly, if other funds are available,
these funds may be allocated through such processes as PRS deems appropriate.
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 March 28, 2003.
TRD-200302090
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 438-3437
40 TAC §704.601, §704.603
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The new sections implement the Human Resources Code, §40.029 and §40.0523.
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 March 28, 2003.
TRD-200302091
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 438-3437
40 TAC §704.801, §704.803
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The new sections implement the Human Resources Code, §40.029.
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 March 28, 2003.
TRD-200302092
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: May 1, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 438-3437
Chapter 847.
PROJECT RIO EMPLOYMENT ACTIVITIES AND SUPPORT SERVICES
The Texas Workforce Commission (Commission) adopts new Chapter 847
relating to Project Re-Integration of Offenders (Project RIO) employment activities
and support services, which includes Subchapter A, General Provisions, §847.1-847.3;
Subchapter B, Project RIO Job Seeker Responsibilities, §847.11-847.12;
Subchapter C, Project RIO Services, §§847.21-847.22; Subchapter
D, Project RIO Employment Activities, §847.31; Subchapter E, Project
RIO Support Services, §847.41; and Subchapter F, Expenditure of Funds, §847.51,
with changes to the proposed text as published in the January 3, 2003, issue
of the
Texas Register
(28 TexReg 32). The
text will be republished.
The purpose of Project RIO is to provide a statewide employment referral
program designed to reintegrate into the labor force persons sentenced to
a state jail or correctional institution, and persons committed to a Texas
Youth Commission facility. Furthermore, Project RIO helps reduce recidivism
by providing linkage between services offered after release and services provided
while incarcerated.
The Project RIO standards and guidelines, set forth in this chapter, address
the roles and responsibilities of Local Workforce Development Boards (Boards)
to ensure that Project RIO employment activities and support services are
available statewide through the Texas Workforce Centers, consistent with 40
TAC Chapter 801 relating to the One-Stop Service Delivery Network. Project
RIO employment activities and support services are provided to adult and youth
offenders before release by the agency partners, which include the Texas Department
of Criminal Justice (TDCJ) and the Texas Youth Commission (TYC).
TDCJ is the agency that manages the overall operations of the state's prison,
parole, and state jail systems. The agency also provides funding, training,
and certain oversight of community supervision. The mission of the TDCJ is
to provide public safety, promote positive change in offender behavior, reintegrate
offenders into society, and assist victims of crime.
TYC is the state's juvenile corrections agency charged with protecting
the public and controlling the commission of unlawful acts by youth committed
to the agency by confining them under conditions that emphasize their positive
development, accountability for their conduct, and discipline training.
Post-release employment activities and support services are provided through
the Texas Workforce Centers, and are designed to provide ex-offenders with
employment activities and support services that promote employment and meet
the needs of Texas employers, in order to help reduce recidivism. The provisions
in this chapter are intended to implement and be consistent with Texas Labor
Code, Chapter 306; Texas Government Code §2308.312; and the Commission's
Memorandum of Understanding with the TDCJ and the TYC.
The One-Stop Service Delivery Network, as set forth in 40 TAC Chapter 801,
Subchapter B, is the vehicle for providing integrated services that are streamlined,
empower individuals, provide universal access to services, increase accountability
for service delivery, and provide a strong role for Boards in coordinating
services at the local level to maximize the benefits to individuals and employers.
The Texas Workforce Centers, part of the One-Stop Service Delivery Network,
are based on a partnership among the Boards, the service providers, the Commission,
and others, including but not limited to the TDCJ and the TYC. The Boards
utilize a competitively procured Texas Workforce Center operator for the provision
of employment activities and support services. The Project RIO employment
and training services are a required service that must be accessible through
the Texas Workforce Centers, pursuant to the Texas Government Code §2308.312
and Texas Labor Code, Chapter 302.
Part of the Commission's innovative system of workforce training and services
throughout the State of Texas is the Project RIO employment activities and
support services. The Boards currently plan and oversee a broad array of workforce
programs, including WIA Adult and Youth services. These programs offer opportunities
to provide additional core and intensive services, such as comprehensive and
specialized assessments or diagnostic testing, case management, short-term
prevocational training, and vocational skills training, when appropriate,
for Project RIO participants. The services under WIA Youth provide many opportunities
for Project RIO - Youth to strengthen their awareness of and connections to
employment, including summer employment and paid and unpaid work experiences,
such as internships and job shadowing. In addition, WIA Youth offers tutoring,
study skills training and other dropout prevention strategies, occupational
skills training, as appropriate, and leadership development opportunities
such as community service, with adult mentoring for the period of participation
as well as subsequently for a total of 12 months.
Another significant opportunity for broadening the array of services to
Project RIO participants includes a more active integration of Project RIO
and Food Stamp Employment and Training (FSE&T) services. The provision
of food stamps is recognized in the current Project RIO statute as an important
support service for Project RIO job seekers. By encouraging Boards to seek
applications for food stamps for a greater number of Project RIO job seekers,
Boards can draw down additional FSE&T funds. The Commission supports the
use of FSE&T funds to build a stronger network of services for Project
RIO job seekers.
One of the primary goals of the Commission is to meet the needs of Texas
employers for the development of a highly skilled and productive workforce.
As part of this goal, the Commission strives to prepare, place, and retain
individuals in employment, and meet the education and skills needs of workers
of this state. It is a goal for the Commission that all participants in Project
RIO employment activities and support services successfully secure employment.
Project RIO is a legislatively created joint undertaking intended to help
reduce recidivism by assisting ex-offenders in securing meaningful employment
after release. Success in Project RIO has largely been a product of a high
level of interagency cooperation among the correctional and workforce development
agencies. Specifically, the TDCJ and the TYC, along with the Commission, cooperate
to provide full integration of Project RIO employment activities and support
services. The Commission anticipates that the service delivery, through coordination
with the Boards and use of the Texas Workforce Centers, will strengthen the
partnerships with local TDCJ and TYC contacts in each local workforce development
area (workforce area) to improve and enhance services and yield greater success
for Project RIO job seekers. The Commission also anticipates that the one-stop
model will provide more direct coordination of local services with the local
partners, which will enhance the levels of coordination for the benefit of
Project RIO job seekers.
Project RIO employment activities and support services are provided to
adult and youth offenders in TDCJ's Institutional and State Jail Divisions,
and TYC facilities. Employment activities and support services provided in
these settings focus on better equipping offenders to secure employment after
release.
Upon release, the majority of Project RIO job seekers have a supervising
parole officer at the TDCJ or the TYC. The supervising parole officers make
referrals to Project RIO. The Boards must ensure that the parole officer is
informed of the status of the Project RIO job seeker's progress in securing
employment.
Some ex-offenders may be released into the community with no supervision
because they have fully discharged their sentence. This situation commonly
occurs with State Jail ex-offenders and, on occasion, with individuals who
fully discharge their sentences in prison. These individuals may become aware
of Project RIO while incarcerated and may volunteer for participation.
Project RIO services for youth have shown success in providing early intervention
and diversion services. The Commission anticipates that local partnerships
formed under WIA to address the needs of youth more comprehensively will enhance
these services.
The Commission also recognizes that Fidelity Bonding services are a valuable
employer incentive for Project RIO job seekers. To ensure that this placement
tool continues to be offered in a cost-efficient fashion, the Commission,
through the Commission's Project RIO Department, will continue to obtain the
necessary bonds and make them available for use in placing Project RIO job
seekers.
Resources to support the Board's Project RIO oversight and management are
anticipated to be distributed among the workforce areas based on factors such
as those that recognize the potential service populations, the existing referral
patterns, and the past entered employment rate applicable to the workforce
area. Services available through the One-Stop Service Delivery Network for
Project RIO job seekers may be funded with Project RIO funds or through a
combination of other funds used for employment and training activities and
services. Where applicable, other funds may include FSE&T funds or other
funds for which the individuals may be eligible.
Multi-Agency Coordination. The policy concepts approved by the Commission
were shared with the agency partners prior to the rule proposal. A draft of
the proposed rules was circulated to the agency partners. Agency partner staff
expressed general agreement with the proposed rules and preamble, and requested
clarifications regarding a number of points. The TYC representative specifically
referenced the state law requirement that youth who are released from a TYC
facility, and have not yet obtained a General Equivalency Diploma (GED), must
obtain the GED within 45 days of release. Likewise, the need to provide basic
skills development, such as math and reading, may be critical for their post-release
employment success. The Commission agrees with the majority of clarifications
requested and has modified the rules accordingly.
Public comments on the proposed rules were received from the Coastal Bend
Workforce Development Board; three individuals; and one agency partner, the
Windham School District, part of the TDCJ. Some commenters agreed with the
rules, some disagreed with certain provisions within the rules, and some did
not state whether they were for or against the rules. Several commenters made
recommendations for changes to the proposed language. The comment summaries
and responses are as follows.
Comment: One commenter suggested coordinating Project RIO services more
closely with the FSE&T funds to maximize the federal match capability
of state General Revenue funds and to further reach the goals of both Project
RIO and FSE&T services.
Response: The Commission agrees and will require application for food stamp
benefits for Project RIO participation. The Commission recognizes that coordinating
Project RIO and FSE&T funding sources will result in leveraging the return
on state General Revenue dollars. For example, "job search" activities for
Project RIO participants may be funded through FSE&T funds, to the extent
that the job seeker meets the FSE&T eligibility criteria.
Comment: One commenter supports Project RIO and commented that taxpayers
pay too much for incarcerating criminals, while little or no training is available
to help these individuals return to society. The commenter conveyed that with
Project RIO, these individuals will be able to help themselves improve their
lives.
Response: The Commission appreciates the commenter taking the time to express
support for Project RIO.
Comment: One commenter expressed concern regarding the reliability of contract
administration of state and federal programs and cited past audit reports
as the basis of the concern. The commenter further suggested that the Commission
not privatize the administration of state and federally funded programs until
full resolution of all audit issues for a period of three years.
Response: The Commission agrees that accountability is important. The Commission
would clarify that its monitoring rules contained in 40 TAC Chapter 800 apply
to the Board's coordination of Project RIO services and activities. The Commission
disagrees with the commenter's request to postpone implementation. In addition,
only one of the audits cited by the commenter pertained to the Commission,
the Boards, or their contractors. The law directs the Boards to contract for
service delivery, and performance and accountability are incorporated into
every contract. Furthermore, the Commission recognizes the superior benefits
for employers and job seekers when services are coordinated to the maximum
extent possible in the Texas Workforce Centers. The Commission's action to
move forward with the implementation of these rules is based in part on the
goal of ensuring that Project RIO job seekers are able to access services
on a statewide basis. The Commission also anticipates that a cost savings
will be realized through more closely connecting the delivery of Project RIO
services with other services available through the Texas Workforce Centers.
The Commission anticipates that services to Project RIO job seekers will be
improved and expanded.
Comment: One commenter suggested including information in the preamble
of this chapter that reflects the overarching purpose of Project RIO.
Response: The Commission agrees that the preamble should include the overarching
purpose of Project RIO; however, it does not see a need to amend the rules
because the preamble language tracks the language of the existing statute.
Comment: One commenter stated that the resource distribution to the Boards
should not be based only on the number of clients served, but also on the
entered employment rate at the end of the previous program year.
Response: The Commission agrees that the entered employment rate is an
appropriate factor for consideration, in addition to the historical service
populations and the existing referral patterns. The Commission has clarified
the distribution methodology in §847.1(c).
Comment: Regarding §847.2, one commenter suggested expanding the definition
of the TDCJ to include additional information on its mission.
Response: The Commission agrees that it is important to communicate TDCJ's
mission to ensure understanding of our agency partner's role. The Commission
believes, however, that this information is more appropriate in the preamble
rather than the rules. The Commission will also include a statement of TYC's
mission in the preamble.
Comment: One commenter suggested revising language regarding the funds
distribution to reflect that services be provided to Project RIO job seekers
based on the availability of funds. Specifically, the commenter suggested
language to incorporate into §847.3(a), §847.3(d)(4), §847.3(d)(6),
and §847.41.
Response: The Commission disagrees that funds are not sufficient to serve
Project RIO job seekers. The Commission also would emphasize that services
available through the One-Stop Service Delivery Network for Project RIO job
seekers may be funded with Project RIO funds or through a combination of other
appropriate funding sources. Specifically, these services may include services
funded with FSE&T funds or other funds that may assist the individuals
with securing employment.
Comment: In §847.3(e), one commenter requested that the word "monitoring"
be substituted with "management or supervision."
Response: The Commission agrees with clarifying this provision and has
added the words "oversight and" before "monitoring."
Comment: In §847.3(e)(2), one commenter asked the meaning of the word
"intervention."
Response: The Commission agrees that clarification is needed and has replaced
the word "intervention" with "referrals to support services."
Comment: One commenter suggested that the wording of the goal be modified
to specifically define "appropriate employment" as a job that directly relates
to participants' training and skills, and considers their conviction, current
supervision, and housing status.
Response: The Commission agrees with the comment that clarification is
needed regarding what constitutes appropriate employment and has modified
the rule at §847.31 to add additional clarifications.
Comment: One commenter asked whether the Memorandum of Understanding referenced
under §847.41(b) would bind the Boards to anything that is not currently
being done at the local level by TWC staff.
Response: The Memorandum of Understanding referenced in §847.41(b)
contains existing statutory requirements for serving Project RIO job seekers
pursuant to Texas Government Code §2308.312, as adopted in 1997.
For information about the Texas Workforce Commission, please visit our
web page at www.texasworkforce.org.
Subchapter A. GENERAL PROVISIONS
40 TAC §§847.1 - 847.3
The new rules are adopted under Texas Labor Code §301.061,
which provides the Texas Workforce Commission with the authority to adopt,
amend, or repeal such rules as it deems necessary for the effective administration
of Commission activities and services; Texas Labor Code, Chapter 306, and
particularly §306.003, which requires the Commission to administer the
project; and Texas Labor Code §306.006, which states the Project RIO
director's duties to set standards and guidelines for the operation of the
project.
Texas Labor Code, Title 4, and particularly Chapter 301 and Chapter 302,
will be affected by the new rules.
§847.1.Purpose.
(a)
Purpose. The purpose of Project RIO is to provide a statewide
employment referral program designed to reintegrate into the labor force persons
sentenced to a Texas Department of Criminal Justice (TDCJ) State Jail Division
facility or the Institutional Division and persons committed to the Texas
Youth Commission (TYC).
(b)
Scope of Rules. The Project RIO standards and guidelines,
set forth in this chapter, address the roles and responsibilities of Boards
to ensure that Project RIO employment activities and support services are
available statewide through the Texas Workforce Centers consistent with 40
TAC Chapter 801 relating to the One-Stop Service Delivery Network. Project
RIO employment activities and support services are provided to adult and youth
offenders before release by the TDCJ and the TYC. Post-release employment
activities and support services are provided through the Texas Workforce Centers,
and are designed to provide ex-offenders with employment activities and support
services that promote employment, meet the needs of Texas employers, and help
reduce recidivism. The provisions in this chapter are intended to be consistent
with Texas Labor Code, Chapter 306, Texas Government Code §2308.312,
and the Memorandum of Understanding with the TDCJ and the TYC.
(c)
Funds Distribution. The Commission intends, to the greatest
extent possible, to support and expand Project RIO services by leveraging
the General Revenue appropriation for Project RIO and federal FSE&T funds.
These funds will be distributed based on three factors, the historical service
populations, the existing referral patterns, and the prior years' entered
employment rates applicable to the local workforce development area (workforce
area).
§847.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Project RIO job seeker--an individual involved with the
Texas criminal or juvenile justice systems that may include the following:
(A)
adults who were formerly confined by the TDCJ Institutional
Division, who are within one year after their release from incarceration,
and are currently under or within one year of completion of their term of
supervision by the TDCJ Parole Division;
(B)
adults who were formerly confined in a TDCJ State Jail
facility and who are within one year after their release from incarceration;
and
(C)
adjudicated youth ages 16 through 21, seeking employment
activities and support services, who were formerly confined in a TYC facility.
(2)
Job Seeker Responsibility Agreement--an agreement between
the Project RIO job seeker and the Texas Workforce Center operator or the
Board's designated service provider. This agreement outlines the Project RIO
job seeker's responsibilities for continued enrollment in Project RIO activities.
(3)
TDCJ--Texas Department of Criminal Justice, which includes
the Institutional, Parole, and State Jail Divisions, is the state agency that
manages the overall operations of the state's prison, parole, and state jail
systems.
(4)
TYC--Texas Youth Commission, which is the state's juvenile
corrections agency, manages the overall operations of the state's youth facilities.
(5)
Food Stamp Employment and Training (FSE&T)--the activities
and support services that assist food stamp recipients in entering employment
through participation in allowable job search, training, education, or workfare
activities that promote self-sufficiency.
§847.3.General Board Responsibilities.
(a)
Role of Boards. A Board shall ensure that individuals referred
by the TDCJ and the TYC as Project RIO job seekers participate in Project
RIO employment activities and support services, and other workforce activities
and support services as appropriate. The employment activities and support
services, as defined in this chapter, should meet the needs of local employers,
prepare Project RIO job seekers to compete in the labor market, and assist
ex-offenders in locating employment.
(b)
Board Planning. A Board shall develop, amend, and modify
its Integrated Plan to incorporate and coordinate the design and management
of the delivery of Project RIO employment activities and support services
with the delivery of other workforce employment, training, and educational
services identified in Texas Government Code §2308.251
et seq.
, Texas Government Code §2308.312
et seq.
, as well as other employment and training services included
in the One-Stop Service Delivery Network as set forth in Chapter 801 of this
title. The Texas Workforce Commission's (Commission) intent is to assist
Project RIO job seekers with securing employment as quickly as possible; however,
Project RIO - Youth may need basic skills training and education to secure
employment. Specifically, Boards shall consider integration with WIA Youth
services or other funding sources, as appropriate, for assisting Project RIO
- Youth with obtaining the basic General Equivalency Diploma (GED) or basic
skills training.
(c)
Board Coordination. The Boards shall coordinate with the
following entities to ensure the transition to employment of Project RIO job
seekers:
(1)
TDCJ - Parole Supervising Offices. A Board shall coordinate
the provision of Project RIO employment activities and support services with
the referring Parole Division supervising officer. This coordination shall
ensure that the TDCJ Parole Offices are made aware of the results of the initial
referral for Project RIO services, as well as periodic updates on program
participation status as determined appropriate for the individual.
(2)
TDCJ - Institutional Division. A Board shall coordinate
the provision of Project RIO employment activities and support services with
the TDCJ Institutional Division by utilizing the data and resources developed
by the TDCJ Institutional Division Project RIO component prior to the offender's
release. This coordination shall ensure that the TDCJ Institutional Division
is made aware of the results of the initial referral for Project RIO services,
as well as periodic updates on program participation status as determined
appropriate for the individual.
(3)
TDCJ -State Jail Division. A Board shall coordinate the
provision of Project RIO employment activities and support services with the
TDCJ State Jail Division by utilizing the data and resources developed by
the State Jail Project RIO component prior to the offender's release. This
coordination shall ensure that the TDCJ State Jail Division is made aware
of the results of the initial referral for Project RIO services, as well as
periodic updates on program participation status as determined appropriate
for the individual.
(4)
TYC Offices. A Board shall coordinate the provision of
Project RIO employment activities and support services with the referring
TYC parole and contracted parole officer. This coordination shall ensure that
the TYC Offices are made aware of the results of the initial referral for
Project RIO services, as well as periodic updates on program participation
status as determined appropriate for the individual.
(5)
Other Partners. For the purposes of ensuring that Project
RIO job seekers have the necessary support services available to them to enable
successful reentry into the labor force, a Board shall develop cooperative
agreements and service arrangements meeting the requirements of the Texas
Labor Code §306.007(a).
(d)
Service Delivery Strategies. A Board shall develop a Project
RIO Service Delivery Strategy that fully incorporates and ensures the following
elements:
(1)
the efficient delivery and linkage of Project RIO employment
activities and support services within the workforce area's One-Stop Service
Delivery Network with other employment and training services funded through
the Texas Workforce Center, in particular WIA Adult and Youth services and
Food Stamp Employment and Training (FSE&T);
(2)
the employment documents secured by the TDCJ Institutional
Division, State Jail Division, or the TYC Project RIO are properly routed
to the ex-offender;
(3)
a point of contact for the TDCJ Parole Division and the
TYC to facilitate access to information regarding the Project RIO job seeker's
progress toward securing employment and related participation information;
(4)
the outreach of Project RIO job seekers at TDCJ Parole
Division and TYC facilities;
(5)
the participation of the One-Stop Service Delivery Network
in job fairs/career days held in TDCJ facilities;
(6)
the use of reporting and document management systems related
to Project RIO participation as required by the Commission;
(7)
all performance standards, as developed by the Commission,
are met; and
(8)
the performance of any other duties, as required by the
Commission, necessary to implement the intent of Texas Labor Code, Chapter
306.
(e)
Access to Project RIO Employment Activities and Support
Services. A Board shall ensure that the oversight and monitoring of program
requirements and participant activities occur on an ongoing basis, as determined
appropriate by the Board, and consist of the following:
(1)
tracking and reporting, as required by the Commission,
of employment activities and support services, including appropriate data
relating to referrals, placements, specialized on-the-job training, and completion
of training, such as GED completion, college credit and noncredit course accomplishments,
or other data, as applicable;
(2)
determining and arranging for any referrals to support
services needed to assist the Project RIO job seeker in complying with Project
RIO employment activities to address barriers to employment; and
(3)
ensuring progress toward achieving the goals and objectives
in the Project RIO job seeker's Individual Employment Plan, as set forth in §847.22
of this chapter, and the job seeker Responsibility Agreement, as set forth
in §847.3(i) of this section.
(f)
TDCJ Notice. A Board shall ensure that notification to
the TDCJ Parole Division is made in a timely manner if a job seeker fails
to comply with the job seeker Responsibility Agreement as set forth in §847.3
of this chapter.
(g)
Employer Notice. A Board shall ensure that employers are
informed at the time of the employment referral of the Project RIO job seeker's
status as an ex-offender and the availability of Work Opportunity Tax Credits
and Fidelity Bonding services.
(h)
Youth Confidentiality. A Board shall ensure that employment
referrals for adjudicated youth are made in accordance with the confidentiality
requirements set forth in state statutes, state rules, and Commission policies.
(i)
Job Seeker Responsibility Agreement. Boards shall ensure
that the job seeker Responsibility Agreement is signed by the Project RIO
job seeker and the Texas Workforce Center operator, or the Board's designated
service provider, and contains language indicating that the job seeker:
(1)
is ready and able to seek employment;
(2)
will comply with all service requirements as outlined in
the Individual Employment Plan;
(3)
will report for employment interviews at the scheduled
appointment time(s); and
(4)
will notify the Texas Workforce Center operator, or the
Board's designated service provider, of employment.
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 March 27, 2003.
TRD-200302042
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: April 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 463-2573
40 TAC §847.11, §847.12
The new rules are adopted under Texas Labor Code §301.061,
which provides the Texas Workforce Commission with the authority to adopt,
amend, or repeal such rules as it deems necessary for the effective administration
of Commission activities and services; Texas Labor Code, Chapter 306, and
particularly §306.003, which requires the Commission to administer the
project; and Texas Labor Code §306.006, which states the Project RIO
director's duties to set standards and guidelines for the operation of the
project.
Texas Labor Code, Title 4, and particularly Chapter 301 and Chapter 302,
will be affected by the new rules.
§847.11.Job Seeker Responsibilities.
Project RIO job seekers shall:
(1)
complete and sign an application for food stamp benefits
through the Texas Department of Human Services, unless the job seeker has
a drug conviction on or after August 22, 1996;
(2)
sign the job seeker Responsibility Agreement;
(3)
participate in employment activities as specified in §847.22
and as described in §847.31 of this chapter;
(4)
attend scheduled Project RIO appointments;
(5)
notify the 'Texas Workforce Center operator, or the Board's
designated service provider, when starting work on any job;
(6)
participate in or receive support services as described
in §847.22 and §847.41 of this chapter, necessary to enable the
Project RIO job seekers to work or participate in employment activities, including
counseling, treatment, and vocational or physical rehabilitation;
(7)
be free of outstanding warrants and not in pre-revocation
status; and
(8)
be drug-free and comply with other terms or conditions
of parole.
§847.12.Job Seeker Failure to Comply.
Project RIO job seekers referred by the TDCJ Parole Division, who fail
to meet the requirements of the Individual Employment Plan and job seeker
Responsibility Agreement, may be deemed ineligible for Project RIO employment
activities and support services, and such participation status shall be reported
to the TDCJ Parole Division. Failure to comply, as determined by the Texas
Workforce Center operator, or the Board's designated service provider, includes
but is not limited to:
(1)
failing to report for two scheduled interviews;
(2)
turning down a position of employment that is consistent
with the skills possessed by the Project RIO job seeker;
(3)
quitting an employment activity without cause; or
(4)
being terminated from a job for misconduct.
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 March 27, 2003.
TRD-200302043
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: April 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 463-2573
40 TAC §847.21, §847.22
The new rules are adopted under Texas Labor Code §301.061,
which provides the Texas Workforce Commission with the authority to adopt,
amend, or repeal such rules as it deems necessary for the effective administration
of Commission activities and services, Texas Labor Code, Chapter 306, and
particularly §306.003, which requires the Commission to administer the
project; and Texas Labor Code §306.006, which states the Project RIO
director's duties to set standards and guidelines for the operation of the
project.
Texas Labor Code, Title 4, and particularly Chapter 301 and Chapter 302,
will be affected by the new rules.
§847.21.Job Seeker Assessment.
(a)
A Board shall ensure that initial and ongoing assessments
are performed to determine the employability and retention needs of Project
RIO job seekers.
(b)
Assessments shall include evaluations of strengths and
potential barriers to securing and retaining employment, such as:
(1)
information identified in the assessments provided by agency
partners, which include background information relating to education and vocational
skills training obtained while incarcerated, employment history, academic
achievements, and past skills attainments;
(2)
other skills and abilities, employment, and educational
history in relation to employers' workforce needs in the local labor market;
(3)
support services needs; and
(4)
family circumstances that may affect participation, including
the existence of domestic violence, substance abuse, and mental illness, or
the need for parenting skills training, which, if identified, may require
coordination through the parole or contracted parole officer, as one of the
factors considered in evaluating employability.
(c)
Assessments shall result in the development of an Individual
Employment Plan, as described in §847.22 of this chapter.
§847.22.Job Seeker Individual Employment Plan.
Boards shall ensure that the Individual Employment Plan:
(1)
incorporates information provided by the referring agency
partner, including any individual employment planning provided while in a
TDCJ or TYC facility;
(2)
identifies and coordinates the provision of services available
through the Texas Workforce Centers;
(3)
is based on assessments, as described in this chapter;
(4)
contains any prevocational goals established for Project
RIO - Youth participants while in a TYC facility;
(5)
contains employment goals to meet the needs of the local
labor market;
(6)
allows Project RIO job seekers to find and secure employment
that requires their skills;
(7)
meets the needs of employers by linking and matching the
skills of Project RIO job seekers to the job-skills requirements of the employers;
(8)
includes strategies for addressing barriers identified
in the assessment; and
(9)
is signed by the Project RIO job seeker.
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 March 27, 2003.
TRD-200302044
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: April 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 463-2573
40 TAC §847.31
The new rule is adopted under Texas Labor Code §301.061
which provides the Texas Workforce Commission with the authority to adopt,
amend, or repeal such rules as it deems necessary for the effective administration
of Commission activities and services; Texas Labor Code, Chapter 306, and
particularly §306.003, which requires the Commission to administer the
project; and Texas Labor Code §306.006, which states the Project RIO
director's duties to set standards and guidelines for the operation of the
project.
Texas Labor Code, Title 4, and particularly Chapter 301 and Chapter 302,
will be affected by the new rule.
§847.31.Employment Activities for Project RIO Job Seekers.
(a)
Boards shall ensure that employment activities are provided
for Project RIO job seekers, as determined by the Texas Workforce Center operator,
or the Board's designated service provider, which may include the provision
of:
(1)
activities set forth in 40 TAC Chapter 813 relating to
FSE&T activities;
(2)
job search and job readiness services, which incorporate
the following:
(A)
information and referral to employment opportunities;
(B)
job-skills assessment;
(C)
counseling;
(D)
occupational exploration, including information on local
emerging and demand occupations;
(E)
interviewing skills and practice interviews;
(F)
assistance with applications and resumes; and
(G)
guidance and motivation for development of positive work
behaviors necessary for the labor market.
(b)
Boards shall ensure that referrals to employment opportunities
are based on the Project RIO job seeker's assessment, training, skills, and
conditions of release. The referrals to jobs may be restricted to certain
available employment based on:
(1)
recommendations from the agency partners, including the
applicable parole officer or contracted parole officer;
(2)
considerations of factors that may increase the likelihood
of success of the individual in retaining employment; or
(3)
consideration of factors that may help reduce the likelihood
of recidivism.
(c)
Boards shall ensure that other employment and training
activities available through the One-Stop Service Delivery Network and paid
for with funds other than Project RIO are considered and provided as deemed
appropriate by the' Texas Workforce Center operator, or the Board's designated
service provider, in order to maximize the opportunities for Project RIO job
seekers to secure employment.
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 March 27, 2003.
TRD-200302045
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: April 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 463-2573
Subchapter A. EMPLOYEE TRAINING AND EDUCATION
Subchapter B. EMPLOYEE TRAINING
Subchapter C. EDUCATION ASSISTANCE PROGRAM
Part 5.
TEXAS VETERANS LAND BOARD
Part 8.
CHILDREN'S TRUST FUND OF TEXAS COUNCIL
Chapter 202.
FUNDED PROGRAM AWARDS AND CONTRACTS
Part 19.
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
Subchapter B. COMMUNITIES IN SCHOOLS
Chapter 702.
GENERAL ADMINISTRATION
Chapter 704.
PREVENTION AND EARLY INTERVENTION SERVICES
Subchapter C. PREVENTION AND INTERVENTION PRIMARY RESPONSIBILITIES
Subchapter E. COMMUNITIES IN SCHOOLS
Subchapter G. INFANT MORTALITY PREVENTION AND EDUCATION PROGRAM
Subchapter I. CHILDREN'S TRUST FUND
Part 20.
TEXAS WORKFORCE COMMISSION
Subchapter B. PROJECT RIO JOB SEEKER RESPONSIBILITIES
Subchapter C. PROJECT RIO SERVICES
Subchapter D. PROJECT RIO EMPLOYMENT ACTIVITIES
Subchapter E. PROJECT RIO SUPPORT SERVICES