Part 20.
TEXAS WORKFORCE COMMISSION
Chapter 813.
FOOD STAMP EMPLOYMENT AND TRAINING
The Texas Workforce Commission (Commission) adopts the repeal of the
following section of Chapter 813, relating to Food Stamp Employment and Training,
without changes to the proposal as published in the December 17, 2004, issue
of the
Texas Register
(29 TexReg 11576):
Subchapter B, Access to Employment and Training Activities and Support
Services, §813.13.
The Commission adopts the following new section to Chapter 813, relating
to Food Stamp Employment and Training, with changes to the proposed text as
published in the December 17, 2004, issue of the
Texas Register
(29 TexReg 11576):
Subchapter B, Access to Employment and Training Activities and Support
Services, §813.13.
The Commission adopts the following new section to Chapter 813, relating
to Food Stamp Employment and Training, without changes to the proposed text
as published in the December 17, 2004, issue of the
Texas Register
(29 TexReg 11576):
Subchapter B, Access to Employment and Training Activities and Support
Services, §813.14.
The Commission adopts amendments to the following sections of Chapter 813,
relating to Food Stamp Employment and Training, without changes to the proposed
text as published in the December 17, 2004, issue of the
Texas Register
(29 TexReg 11576):
Subchapter A, General Provisions, §813.1
Subchapter B, Access to Employment and Training Activities and Support
Services, §813.11 and §813.12
Subchapter D, Allowable Activities, §813.32
The Commission adopts amendments to the following sections of Chapter 813,
relating to Food Stamp Employment and Training, with changes to the proposed
text as published in the December 17, 2004, issue of the
Texas Register
(29 TexReg 11576):
Subchapter A, General Provisions, §813.2 and §813.3
Subchapter D, Allowable Activities, §813.31
Subchapter E, Support Services for Participants, §813.41
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
PART III. COORDINATION ACTIVITIES
PART IV. PUBLIC COMMENTS AND RESPONSES
The purpose of the adopted Chapter 813 rule changes is, in part, to improve
Food Stamp Employment and Training (FSE&T) service delivery, based on
available funding, by expanding services statewide.
Additionally, the adopted rule changes:
(1) establish monthly eligibility verification requirements for all FSE&T
participants;
(2) require Local Workforce Development Boards (Boards) to coordinate with
the Texas Health and Human Services Commission (HHSC) to provide consistent
and streamlined FSE&T services;
(3) establish FSE&T good cause procedures that mirror Choices good
cause procedures set forth in 40 TAC Chapter 811; and
(4) allow Boards the flexibility, based on available funding, to provide
services to exempt food stamp recipients who volunteer to participate in FSE&T.
HHSC determines food stamp eligibility and who will be certified as a food
stamp household member, in accordance with federal regulations.
As part of the food stamp certification process, HHSC also determines whether
a food stamp household member will be registered for work and required to
participate in FSE&T services or will be exempt from FSE&T participation.
HHSC classifies food stamp household members as either:
(1) Mandatory work registrants-individuals who are required to register
for work, that include: Able-Bodied Adults Without Dependents (ABAWDs) between
18 and 50 years of age; and food stamp household members who are 16 to 59
years of age, may have dependents, and are not exempt; or
(2) Exempt recipients-individuals who are not required to register for
work because they meet federal exemption criteria. Federal exemptions include,
but are not limited to, a parent or other household member responsible for
the care of a dependent child under six; an individual physically or mentally
unfit for employment; a regular participant in a drug addiction or alcohol
treatment and rehabilitation program; or an individual who is employed or
self-employed at least 30 hours per week.
Currently, Commission rule classifies food stamp household members who
are 16 to 59 years of age, may have dependents, and are not exempt, as FSE&T
General Population. The Commission expands the definition of FSE&T General
Population to include exempt recipients.
In Federal Fiscal Year 2004 (FFY'04), Boards were allowed to provide FSE&T
services only to mandatory work registrants (i.e., ABAWDs and the FSE&T
General Population) in "active" FSE&T counties. In the remaining FSE&T
counties, Boards were not allowed to provide FSE&T services. The rules,
through the creation of full-service counties (referred to as active counties
in current rule) and minimum-service counties, give Boards the flexibility
to provide FSE&T services in counties where the services previously were
not available. FSE&T services will be provided through Texas Workforce
Centers, including satellite offices, in full-service counties and minimum-service
counties, based on available funding.
Full-Service Counties
Mandatory work registrants who reside in full-service counties are required
to participate in FSE&T services, if outreached. Exempt recipients who
reside in full-service counties may voluntarily participate in FSE&T services.
Full-service counties are those in which:
(1) ABAWDs, who are not working at least 20 hours per week, are outreached
and receive FSE&T services;
(2) the FSE&T General Population receives FSE&T services based
on available funding;
(3) mandatory work registrants shall be sanctioned (i.e., food stamp benefits
are denied) for failure to cooperate with FSE&T requirements; and
(4) exempt recipients who voluntarily participate in FSE&T services
shall not be sanctioned for failure to cooperate with FSE&T requirements.
Minimum-Service Counties
Mandatory work registrants and exempt recipients who reside in minimum-service
counties are not required to participate in FSE&T services; however, they
may voluntarily participate. Minimum-service counties are those in which:
(1) food stamp recipients (i.e., mandatory or exempt) may volunteer to
participate in FSE&T services;
(2) Boards may provide services to food stamp recipients based on available
funds;
(3) outreach is not conducted; and
(4) food stamp recipients (i.e., mandatory or exempt) who voluntarily participate
in FSE&T services shall not be sanctioned for failure to cooperate with
FSE&T program requirements.
Boards must continue to serve all ABAWDs in full-service counties. In addition,
Boards will have the flexibility to serve other mandatory work registrants,
or exempt recipients who voluntarily participate, in both full-service counties
and minimum service counties. Boards must ensure that mandatory work registrants
who do not comply with their FSE&T work requirements and do not have a
good cause reason for noncompliance are sanctioned. Exempt recipients who
do not comply with their FSE&T work requirements and do not have a good
cause reason for noncompliance may not be sanctioned, but Boards should consider
whether to continue providing FSE&T services to these exempt individuals
who do not participate.
The Commission also adopts amendments throughout Chapter 813 to:
(1) reflect the name change from the Texas Department of Human Services
(DHS) to the Texas Health and Human Services Commission (HHSC) as required
by House Bill 2292, enacted by the 78th Texas Legislature, Regular Session;
(2) change all references from E&T to FSE&T to align with other
Commission policy; and
(3) improve clarity.
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
SUBCHAPTER A. GENERAL PROVISIONS
§813.1. Purpose.
The Commission modifies §813.1 by making technical amendments and
adding language stating that the rules may be cited as the FSE&T rules.
§813.2. Definitions.
The Commission amends §813.2 by clarifying or correcting existing
terms and adding definitions for exempt recipient, full-service counties,
HHSC, minimum-service counties, and volunteer.
Section 813.2(1) clarifies the definition of ABAWD by stating that an ABAWD
is a food stamp household member determined by HHSC to be a mandatory work
registrant. Section 813.2(1)(D) is amended to add the phrase "at least 20
hours per week," in accordance with federal regulations, and corrects the
current rule cite of 75 C.F.R. §273.24 to 7 U.S.C. §2015(o)(2)(A)
- (B).
Section 813.2(2) is added to define an exempt recipient as a General Population
individual who is not required to participate in FSE&T services. The Commission
also clarifies in §813.2(2) that sanctions must not be imposed on exempt
recipients who fail to comply with their FSE&T requirements set forth
in §813.12, and already addressed in §813.2(5)(D) and §813.2(9)(D).
Therefore, the new language in §813.2(2) does not change the scope of
the rule but clarifies it.
Section 813.2(5) is added to define full-service counties (referred to
as active counties in §813.11(c) of current rule) as counties in which
Boards must ensure that: ABAWDs who are not working at least 20 hours per
week are outreached and receive FSE&T services; the FSE&T General
Population receives FSE&T services, based on available funding; mandatory
work registrants are sanctioned for failure to cooperate with FSE&T requirements;
and exempt recipients who voluntarily participate in FSE&T services are
not sanctioned for failure to cooperate.
Section 813.2(6) is amended to clarify the definition of General Population.
The Commission removes current §813.2(6), the definition of non-public
assistance food stamp recipients, which is no longer relevant in this chapter.
The Commission adds new §813.2(7) to define HHSC.
Section 813.2(8) is amended to clarify the definition of mandatory work
registrant.
Section 813.2(9) is added to define minimum-service counties as counties
in which food stamp recipients (i.e., mandatory or exempt) may volunteer to
participate in FSE&T services; Boards may provide services to mandatory
or exempt recipients, based on available funding, but are not required to
do so; outreach is not conducted; and food stamp recipients (i.e., mandatory
or exempt) who voluntarily participate in FSE&T services are not sanctioned
for failure to cooperate. A technical change is made to §813.2(9) for
consistency.
The definition of nonprofit organization is unchanged, but renumbered as §813.2(10),
in order to be listed in alphabetical order.
Section 813.2(11) is added to define volunteer as an individual who is
not required to participate, but who voluntarily participates, in FSE&T
services, and includes exempt recipients in full-service counties and exempt
recipients and mandatory work registrants in minimum-service counties.
§813.3. General Board Responsibilities.
Because the Commission is expanding FSE&T services statewide, it is
imperative that individuals receiving services are eligible food stamp recipients.
Therefore, the Commission adds §813.3(a)(1) to require that Boards verify
food stamp eligibility for mandatory work registrants and exempt recipients
who voluntarily participate in FSE&T services before providing access
to services in order to ensure that only food stamp recipients receive FSE&T-funded
services. Currently, Texas Workforce Center staff is required to verify food
stamp eligibility on a monthly basis for ABAWDs only and is not required to
conduct such monthly verification for FSE&T General Population participants.
Allowing General Population participants to continue receiving services without
verifying eligibility can result in disallowed costs being incurred for providing
services to an ineligible population. Therefore, the Commission requires verification
of any participant's eligibility for food stamp benefits during the month
in which FSE&T services are provided. Section 813.3(a)(2) is added to
require that Boards ensure that mandatory work registrants, and exempt recipients
who volunteer, participate in approved FSE&T activities. These activities
must meet the needs and demands of local employers and prepare the participants
for unsubsidized employment.
The reference in §813.3(b) to Texas Government Code §§2308.251
The Commission amends §813.3(c) by adding the words "employment" and
"educational" for improved clarity and to align with §813.3(a) and (b).
The Commission also adds the words "that meet the needs of employers" to emphasize
that Board management of employment, training, and educational services must
focus on the expressed needs of local employers.
Section 813.3(d) is added to require that Boards coordinate with HHSC regarding
referrals, good cause, sanction procedures, and fair hearings or appeals,
on a regular and ongoing basis, as determined by the Boards. For example,
Boards may coordinate with HHSC on special circumstances or service delivery
models that HHSC hearing officers must be aware of for appeal determinations;
the appeals process and the transfer of client information, including documentation
and justification of a sanction request; the process for HHSC to take action
on sanction requests submitted by the Boards; or the process for Board submission
of reconsiderations and the HHSC process for changing the mandatory work code
to exempt status. Technical amendments are made to 813.3(d) for consistency.
SUBCHAPTER B. ACCESS TO EMPLOYMENT AND TRAINING ACTIVITIES AND SUPPORT
SERVICES
§813.11. Board Responsibilities Regarding Access to FSE&T Activities
and Support Services.
The provisions regarding the Fair Labor Standards Act (FLSA) are related
to this section on Board Responsibilities and, therefore, are moved from §813.12,
Participant Responsibilities.
In §813.11(b)(4), the Commission deletes the word "family" from the
term "family employment plan" because this terminology is not applicable to
the entire FSE&T population, specifically ABAWDs.
Section 813.11(b)(5) removes the term "mandatory work registrant" because
Boards are required to monitor program requirements and activities for all
food stamp recipients, including exempt recipients who voluntarily participate.
The Commission amends §813.11(c) to delete the obsolete reference
to "active Food Stamp E&T" counties and replace it with the term "full-service
FSE&T" counties.
The Commission also amends §813.11 by adding subsections (e) - (g)
to specify Board requirements for ensuring that employment and training activities
comply with FLSA. Other adopted amendments to §813.11(e) - (g) remove
references to "temporary cash assistance" because temporary cash assistance
is not used to determine the number of hours of participation under FLSA.
§813.12. Participant Responsibilities.
Amendments are made to include exempt recipients who voluntarily participate,
as well as to delete provisions regarding FLSA, which were relocated to §813.11.
The Commission amends §813.12 by including exempt recipients who voluntarily
participate in FSE&T services. Section 813.12(2) is amended to change
the reference to §813.13 to new §813.14. Additionally, §813.12(5)
is amended by replacing the term "component activity" with the word "activity"
to better align with Choices terminology in 40 TAC Chapter 811. The Commission
further amends §813.12 by removing §813.12(b) - (d) regarding Board
compliance with FLSA, which is incorrectly placed in current rule under Participant
Responsibilities. The Commission redesignates it as §813.11(e) - (g)
under Board Responsibilities Regarding Access to FSE&T Activities and
Support Services.
§813.13. Good Cause for Mandatory Work Registrants and Exempt Recipients
Who Voluntarily Participate in FSE&T Services.
In order to provide consistency and support integration of workforce services,
the Commission allows for good cause exceptions in certain situations for
food stamp recipients who are unable to participate in FSE&T services
because of circumstances that preclude participation. The Commission adopts
the repeal of current §813.13 and adopts new §813.13 to establish
good cause procedures for FSE&T participants. Federal regulations give
states authority to determine and grant good cause when a food stamp recipient
fails or refuses to comply with Food Stamp Program work requirements. Likewise,
Temporary Assistance for Needy Families (TANF) regulations give states the
authority to grant good cause when a TANF recipient fails or refuses to comply
with TANF/Choices work requirements. Currently, FSE&T participants receive
individual exemptions (i.e., long-term circumstances that prevent participation
in FSE&T) or temporary exemptions (i.e., temporary circumstances that
prevent participation for up to 60 days). The FSE&T good cause requirements
are closely aligned with the current Choices good cause procedures in 40 TAC
Chapter 811, and will eliminate temporary and individual exemptions. Technical
amendments are made to §813.13(b)(3) and (c)(7)(B) to improve clarity.
§813.14. Special Provisions Regarding Sanctions for Noncooperation.
To better align with Choices terminology in 40 TAC Chapter 811, the Commission
adds new §813.14, Special Provisions Regarding Sanctions for Noncooperation,
to replace proposed repealed §813.13, Special Provisions Regarding Penalties
for Noncompliance.
SUBCHAPTER D. ALLOWABLE ACTIVITIES
§813.31. Activities for Mandatory Work Registrants and Exempt Recipients
Who Voluntarily Participate in FSE&T Services.
The Commission amends §813.31 by adding exempt recipients who voluntarily
participate in FSE&T services.
The Commission further amends §813.31(1)(B)(i) by changing the redundant
term "ABAWD mandatory work registrant" to "ABAWD," and by changing the word
"may" to "shall" in §813.31(1)(B)(i) and (ii). Additionally, to better
align with Choices terminology in 40 TAC Chapter 811, the term "component
activity" is changed to "activity" in §813.31(1)(B)(i).
The Commission also removes current §813.31(1)(B)(iii), regarding
Project Reintegration of Offenders (Project RIO) because Project RIO services
no longer use FSE&T funds as a method of finance. However, Project RIO
participants are still eligible to be co-enrolled in FSE&T, and if so,
must meet all applicable FSE&T requirements.
In renumbered §813.31(1)(B)(iii), the term "components" is changed
to "activities."
Section 813.31(2)(B) is modified by deleting the word "family" from the
term "family employment plan" because this terminology is not applicable to
the entire FSE&T population, specifically ABAWDs.
Section 813.31(3)(D) is modified to change the obsolete reference to "proprietary
school" to "career school or college," in accordance with Senate Bills 280
and 1343, 78th Texas Legislature, Regular Session.
Section 813.31(4) adds a reference to 7 U.S.C. §2015(d)(4)(B)(iv),
which delineates work experience. A technical amendment is made to properly
cite the Code of Federal Regulations as C.F.R.
Section 813.31(6) references the term "FSE&T state plan of operations"
to provide consistent terminology throughout the chapter.
§813.32. FSE&T Activities for ABAWDs.
The Commission adopts technical amendments to §813.32(a) to improve
clarity. Section 813.32(b) clarifies that ABAWDs who become employed at least
20 hours per week have fulfilled their work requirement under 7 U.S.C. §2015(o)(2)(A)
and are no longer required to participate in FSE&T services. Additionally,
subsection (b) adds the requirement that Boards shall ensure that HHSC is
notified when an ABAWD obtains employment.
SUBCHAPTER E. SUPPORT SERVICES FOR PARTICIPANTS
§813.41. Provision of FSE&T Support Services.
Amendments are made to this section to include exempt recipients who voluntarily
participate in FSE&T services, the provision of support services for exempt
recipients who volunteer for FSE&T services, and to adhere to guidance
from United States Department of Agriculture, Food and Nutrition Service (USDA-FNS).
Based on guidance received from the USDA-FNS, the Commission adds §813.41(a)(1)(A)
- (B) and (2)(A) - (B) to clarify that FSE&T funds may not be used to
pay for support services for retaining employment. USDA-FNS has notified states
that FSE&T funds may be used only for support services to help a participant
get a job, but not keep a job. The Commission amends §813.41 to include §813.41(a)(2)(C)(i)
- (ii) that details the provision of support services for exempt recipients
who voluntarily participate in FSE&T services.
Current §813.41(b)(1) - (2) are renumbered as §813.41(a)(1)(C)(i)
- (ii) and detail the provision of support services for mandatory work registrants.
Current §813.41(c) is renumbered as §813.41(b) and is amended to
add exempt recipients who voluntarily participate in FSE&T services and
requires Boards to ensure that costs to provide transportation services are
reasonable and necessary for participation in FSE&T activities and paid
for based on methods and amounts determined by each Board.
PART III. COORDINATION ACTIVITIES
In the development of these rules for publication and public comment, the
Commission sought the involvement of each of Texas' 28 Boards and the Texas
Association of Workforce Boards, in addition to discussing the proposed changes
at five regional workshops.
The Commission provided the concept brief to each of these groups for consideration
and review. During the rulemaking process, the Commission considered all information
gathered in order to develop a rule that provides clear and concise direction
to all parties involved.
PART IV. PUBLIC COMMENTS AND RESPONSES
Public comments were received from:
United States Department of Agriculture, Food and Nutrition Service
Rick Allgeyer, Texas Health and Human Services Commission
Marsha Lindsey, Workforce Texoma Board
Esperanza Rocha, Lower Rio Grande Valley Workforce Development Board
The comment summaries and responses are as follows:
COMMENT: One commenter thanked the Commission for the opportunity to review
and comment on the proposed rules.
RESPONSE: The Commission appreciates the commenter's support of its rulemaking
process.
COMMENT: One commenter applauded the changes that align FSE&T with
other welfare programs. However, the commenter believes that the addition
of §813.33 gives a false impression to the general public that post-employment
services will be provided to FSE&T customers when there are not sufficient
funds given to the Boards to provide these services.
RESPONSE: The Commission appreciates the commenter's support of the intent
to align FSE&T services with Choices.
The Commission agrees that proposed §813.33(a) could have been read
to mean that post-employment services would be available in all local workforce
development areas, although proposed §813.33(b) clearly stated that "Boards
may provide post-employment support services . . ." (emphasis added), which
was the Commission's intent, to permit Boards to design their service plan
based on available funding.
However, because of recent guidance from the United States Department of
Agriculture, Food and Nutrition Service (USDA-FNS), the Commission is striking
proposed §813.33 in its entirety. USDA-FNS does not currently recognize
post-employment as an allowable category of service for FSE&T USDA-FNS
notified states that they may not spend FSE&T funds to provide support
services such as vehicle repair, tools, clothing, or transportation, to support
continued employment. It is clear that the law allows the use of FSE&T
funds for support services that assist individuals in obtaining employment.
Based on this guidance, the Commission deletes proposed §813.33 on post-employment
services and amends §813.41(a)(1)(A) - (B) and (2)(A) - (B) by specifying
that support services may only be provided to assist FSE&T participants
in obtaining employment, not to support continued employment.
COMMENT: One commenter requested clarification of the FSE&T outreach
process and the "intent" of the 10-day outreach requirement. The commenter
asked if Boards are in compliance as long as they notify the customer within
10 days of appearing in the outreach pool that they are scheduled to attend
an employment planning session (EPS).
RESPONSE: The Commission does not believe that a change in rule to redefine
the term outreach is necessary, but believes that clarification would be beneficial
and provides the following explanation of the outreach process and the intent
of the 10-day notification requirement.
The outreach process requires Texas Workforce Center staff to send a letter
to all ABAWDs in full-service counties within 10 days of the ABAWD appearing
in the Agency's automated reporting system's outreach pool. The intent of
the 10-day notification is to ensure that ABAWDs are served as quickly as
possible, not merely to notify them that they are scheduled to be served at
some point in the distant future. The Commission will issue a WD Letter to
provide further guidance on the outreach process.
Subchapter A. GENERAL PROVISIONS
40 TAC §§813.1 - 813.3
The amended rules are adopted under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The amended rules affect Title 4, Texas Labor Code, and Texas Human Resources
Code, Chapter 33, regarding nutrition assistance.
§813.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
ABAWD--a food stamp household member who is determined
by the Texas Health and Human Services Commission to be a mandatory work registrant
and is:
(A)
classified as an able-bodied adult;
(B)
at least 18 but less than 50 years of age;
(C)
without dependents; and
(D)
subject to a limitation on the receipt of food stamp benefits
for three months out of 36 months if the person does not work at least 20
hours per week or participate in employment and training activities as specified
in 7 U.S.C. §2015(o)(2)(A) - (B).
(2)
Exempt recipient--an individual who is part of the General
Population, is not required to participate in FSE&T services, as set forth
in 7 U.S.C. §2015(d)(2), and shall not be sanctioned for failure to cooperate
with FSE&T requirements as set forth in §813.12 of this chapter.
(3)
FSE&T activities--Food Stamp Employment and Training
activities as specified in §813.31 of this chapter.
(4)
FSE&T support services--Food Stamp Employment and Training
support services as specified in §813.41 of this chapter.
(5)
Full-service counties--counties in which Boards ensure
that:
(A)
ABAWDs, who are not working at least 20 hours per week,
are outreached and receive FSE&T services;
(B)
the FSE&T General Population receives FSE&T services
based on available funding;
(C)
mandatory work registrants shall be sanctioned (i.e., food
stamp benefits are denied) for failure to cooperate with FSE&T requirements;
and
(D)
exempt recipients who voluntarily participate in FSE&T
services shall not be sanctioned for failure to cooperate with FSE&T requirements.
(6)
General Population--a mandatory or exempt food stamp household
member who is:
(A)
at least 16 but less than 60 years of age; and
(B)
not classified as an ABAWD.
(7)
HHSC--the Texas Health and Human Services Commission.
(8)
Mandatory work registrant--a food stamp household member
who is required to register for FSE&T services, and is:
(A)
classified as General Population; or
(B)
an ABAWD.
(9)
Minimum-service counties--counties in which:
(A)
food stamp recipients (i.e., mandatory or exempt) may volunteer
to participate in FSE&T services;
(B)
Boards may provide services to food stamp recipients based
on available funds;
(C)
outreach is not conducted; and
(D)
food stamp recipients (i.e., mandatory or exempt) who voluntarily
participate in FSE&T services shall not be sanctioned for failure to cooperate
with FSE&T requirements.
(10)
Nonprofit organization--any corporation, trust, association,
cooperative, or other organization that is operated primarily for scientific,
educational service, charitable, or similar purpose in the public interest;
is not organized primarily for profit; and uses its net proceeds to maintain,
improve, or expand its operations.
(11)
Volunteer--an individual who is not required to participate,
but who voluntarily participates, in FSE&T services, including:
(A)
exempt recipients in full-service counties; and
(B)
exempt recipients and mandatory work registrants in minimum-service
counties.
(12)
Workfare--a work-based activity that consists of placement
of an ABAWD with a public or private nonprofit entity in an unpaid job assignment
for the number of hours per month equal to an ABAWD's monthly household food
stamp allotment amount divided by the federal minimum wage.
§813.3.General Board Responsibilities.
(a)
Role of Boards. A Board shall:
(1)
ensure that food stamp eligibility is verified monthly
before providing FSE&T services for mandatory work registrants and exempt
recipients who voluntarily participate in FSE&T services; and
(2)
ensure that mandatory work registrants, and exempt recipients
who volunteer, participate in allowable FSE&T activities. The allowable
activities shall meet the needs of employers and prepare the mandatory work
registrants and exempt recipients who voluntarily participate in FSE&T
services for unsubsidized employment.
(b)
Board Planning. A Board shall develop, amend, and modify
its integrated workforce training and services plan to incorporate and coordinate
the design and management of the delivery of FSE&T activities and support
services with the delivery of other workforce employment, training, and educational
services identified in Texas Government Code §§2308.301 - 2308.3165
as well as other training and services included in the One-Stop Service Delivery
Network as set forth in Chapter 801 of this title (relating to Local Workforce
Development Boards).
(c)
Board Management. Pursuant to this chapter, and Chapter
801 of this title (relating to Local Workforce Development Boards), a Board
shall coordinate workforce employment, training, and educational services
that meet the needs of employers for its local workforce development area
and shall incorporate and coordinate the management and strategy for FSE&T
activities and support services into the comprehensive One-Stop Service Delivery
Network provided to help low-income families as they move toward self-sufficiency.
(d)
Coordination with HHSC. A Board shall coordinate with HHSC
on a regular and ongoing basis, as determined by the Board, regarding referrals,
good cause, sanction procedures, and fair hearings or appeals.
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 9, 2005.
TRD-200501085
Donna Garrett
Deputy Director for Policy and Development
Texas Workforce Commission
Effective date: March 29, 2005
Proposal publication date: December 17, 2004
For further information, please call: (512) 475-0829
40 TAC §§813.11 - 813.14
The amendments and new rules are adopted under Texas Labor
Code §301.0015 and §302.002(d), which provide the Texas Workforce
Commission with the authority to adopt, amend, or repeal such rules as it
deems necessary for the effective administration of Agency services and activities.
The amendments and new rules affect Title 4, Texas Labor Code, and Texas
Human Resources Code, Chapter 33, regarding nutrition assistance.
§813.13.Good Cause for Mandatory Work Registrants and Exempt Recipients Who Voluntarily Participate in FSE&T Services.
(a)
Good cause applies only to mandatory work registrants and
exempt recipients who voluntarily participate in FSE&T services. A Board
shall ensure that good cause is determined as provided in this chapter.
(b)
A Board shall ensure that a good cause determination:
(1)
is based on individual and family circumstances;
(2)
is based on face-to-face or telephone contact;
(3)
includes a temporary period when mandatory work registrants
or exempt recipients who voluntarily participate in FSE&T services may
be unable to attend scheduled appointments or participate in ongoing work
activities; and
(4)
is made at the time the change in circumstances is made
known to the Board's service provider.
(c)
For purposes of this chapter, the following reasons constitute
good cause:
(1)
temporary illness or incapacitation;
(2)
court appearance;
(3)
caring for a physically or mentally disabled household
member who requires the recipient's presence in the home;
(4)
no available transportation and the distance prohibits
walking; or no available job within reasonable commuting distance, as defined
by the Board;
(5)
distance from the home of the mandatory work registrant,
or exempt recipient who voluntarily participates in FSE&T services, to
the Texas Workforce Center or employment service provider requires commuting
time of more than two hours a day (not including taking a child to and from
a child care facility), and the distance prohibits walking and there is no
available transportation;
(6)
farmworkers who are away from their permanent residence
or home base, who travel to work in an agriculture or related industry during
part of the year, and are under contract or similar agreement with an employer
to begin work within 30 days of the date the individual notified the Board
of his or her seasonal farmwork assignment;
(7)
an inability to obtain needed child care, as defined by
the Board and based on the following reasons:
(A)
informal child care by a relative or child care provided
under other arrangements is unavailable or unsuitable, and based on, where
applicable, Board policy regarding child care. Informal child care may also
be determined unsuitable by the parent;
(B)
eligible formal child care providers, as defined in Chapter
809 of this title (relating to Child Care and Development), are unavailable;
(C)
affordable formal child care arrangements within maximum
rates established by the Board are unavailable; and
(D)
formal or informal child care within a reasonable distance
from home or the work site is unavailable;
(8)
an absence of other support services necessary for participation;
(9)
receipt of a job referral that results in an offer below
the federal minimum wage, except when a lower wage is permissible under federal
minimum wage law;
(10)
an individual or family crisis or a family circumstance
that may preclude participation, including substance abuse and mental health
and disability-related issues, provided the mandatory work registrant or exempt
recipient who voluntarily participates in FSE&T services, engages in problem
resolution through appropriate referrals for counseling and support services;
or
(11)
an individual is a victim of family violence.
(d)
A Board shall ensure that good cause:
(1)
is reevaluated at least on a monthly basis;
(2)
is extended if the circumstances giving rise to the good
cause exception are not resolved after available resources to remedy the situation
have been considered; and based on the existence of family violence, does
not exceed a total of 12 consecutive months per occurrence.
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 9, 2005.
TRD-200501086
Donna Garrett
Deputy Director for Policy and Development
Texas Workforce Commission
Effective date: March 29, 2005
Proposal publication date: December 17, 2004
For further information, please call: (512) 475-0829
40 TAC §813.13
The repeal is adopted under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The repeal affects Title 4, Texas Labor Code, and Texas Human Resources
Code, Chapter 33, regarding nutrition assistance.
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 9, 2005.
TRD-200501084
Donna Garrett
Deputy Director for Policy and Development
Texas Workforce Commission
Effective date: March 29, 2005
Proposal publication date: December 17, 2004
For further information, please call: (512) 475-0829
Subchapter B. ACCESS TO EMPLOYMENT AND TRAINING ACTIVITIES AND SUPPORT SERVICES
Subchapter D. ALLOWABLE ACTIVITIES