TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 20. TEXAS WORKFORCE COMMISSION

Chapter 845. TEXAS WORK AND FAMILY CLEARINGHOUSE

Subchapter A. GENERAL PROVISIONS

40 TAC §845.1, §845.2

The Texas Workforce Commission (Commission) adopts amendments to the following sections of Chapter 845 related to the Texas Work and Family Clearinghouse without changes to the proposed text as published in the December 30, 2005, issue of the Texas Register (30 TexReg 8835):

Subchapter A, General Provisions, §845.1 and §845.2.

Texas Government Code §2001.039 requires that each state agency review and consider for readoption each rule adopted by that agency. The Commission has reviewed Chapter 845 and determined that reasons for adopting the chapter exist; however, amendments to the rules are needed in order to update terminology and reflect recent changes in state law.

PART I. PURPOSE, BACKGROUND, AND AUTHORITY

PART II. EXPLANATION OF INDIVIDUAL PROVISIONS WITH PUBLIC COMMENTS AND RESPONSES

PART I. PURPOSE, BACKGROUND, AND AUTHORITY

The Commission adopts amendments to 40 TAC §845.1 and §845.2 relating to the Texas Work and Family Clearinghouse (Clearinghouse). The purpose of the adopted amendments is to reflect legislative changes resulting from House Bill 2962 (HB 2962), enacted by the 79th Legislature, Regular Session. HB 2962 became effective immediately upon signature of the Governor on May 30, 2005. Among other changes, HB 2962 repeals the following sections of Chapter 81 of the Texas Labor Code relating to the Clearinghouse:

Section 81.002 relating to the Work and Family Policies Advisory Committee; and

Section 81.004(b) requiring the Clearinghouse to conduct research on child care and other employment-related family issues.

The adopted amendments to 40 TAC §845.1 and §845.2 remove the following:

Section 845.1(b), which stated that one of the purposes of the Clearinghouse is to conduct research on child care and other employment-related family issues based on the recommendations of the Work and Family Policies Advisory Committee;

Section 845.2(1), which included the definition of the Work and Family Policies Advisory Committee; and

Section 845.2(2), which included the definition of Commission.

PART II. EXPLANATION OF INDIVIDUAL PROVISIONS WITH PUBLIC COMMENTS AND RESPONSES

(Note: Minor, nonsubstantive, editorial changes are made throughout Subchapter A, General Provisions, of this chapter that do not change the meaning of the rules and, therefore, are not discussed in the Explanation of Individual Provisions.)

SUBCHAPTER A. GENERAL PROVISIONS

§845.1. Goals and Purpose.

HB 2962 repealed Texas Labor Code §81.004(b) requiring the Clearinghouse to conduct research on child care and other employment-related family issues. Therefore, the Commission adopts amendments to §845.1 by removing subsection (b), which requires the Clearinghouse to conduct and compile research on child care and other employment-related family issues based on the recommendations of the Work and Family Policies Advisory Committee.

§845.2. Definitions.

HB 2962 repealed Texas Labor Code §81.002, thus abolishing the Work and Family Policies Advisory Committee. Therefore, the Commission adopts amendments to §845.2 by removing paragraph (1) that provides the definition of the Advisory Committee. Additionally, the Commission adopts amendments to §845.2 by removing paragraph (2), the definition of Commission. Section 800.2 of this title contains the definition of the term Commission; therefore, it is not necessary to redefine it in this chapter. Additionally, the Commission renumbers §845.2(3) - (6) as §845.2(1) - (4), respectively.

The Commission received no comments on the proposed rule language.

The amendments are adopted under Texas Labor Code §301.0015 and §302.002(d), which provide the 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 adopted amendments will affect Texas Labor Code, Title 4, particularly Chapters 301 and 302, as well as Texas Labor Code, Chapter 81.

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 February 21, 2006.

TRD-200600921

Reagan Miller

Deputy Director for Workforce and UI Policy

Texas Workforce Commission

Effective date: March 13, 2006

Proposal publication date: December 30, 2005

For further information, please call: (512) 475-0829