EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 10. COMMUNITY DEVELOPMENT Part V. Texas Department of Commerce Chapter 187. Job Training Partnership Act Rules Subchapter A. General Provisions and Definitions 10 TAC sec.187.106 The Texas Department of Commerce adopts on an emergency basis new sec.187. 106, concerning a rule to implement the Job Training Partnership Act (JTPA or the Act), pursuant to Texas Government Code, sec.481.0044, which authorizes the policy board of the Texas Department of Commerce to adopt rules to administer department programs. This rule is adopted pursuant to Texas Government Code, sec.2001.034(a)(1) and sec.2001.036(a)(3) as a requirement of federal law with an effective date of January 1, 1995. Section 187.106 provides for the early implementation of the Final Rule of United States Department of Labor, 20 CFR Parts 626-638 and Part 1008. The Final Rule provides federal regulations regarding the Job Training Partnership Act. The effective date for the Final Rule is July 1, 1995 unless a state adopts an earlier effective date for all or part of the Final Rule. On December 9, 1994, the Texas Council on Workforce and Economic Competitiveness passed a measure asking that the Governor approve an effective date of January 1, 1995 for all of the Final Rule except sec.628.510(f)(2). On January 2, 1995, the Governor approved that effective date. The JTPA program is federally funded and regulated. The Interim Final Rule of the U.S. Department of Labor, 20 CFR Chapter V, published on December 28, 1992, is the governing federal regulation until the effective date of the Final Rule. Section 627.200(a)(1) of the Interim Final Rule provides that "guidelines, interpretations, and definitions adopted and published by the Governor shall, to the extent that they are consistent with the Act and applicable rules and regulations, be accepted by the Secretary (of Labor). "Supplementary Information published by the U.S. Department of Labor with Final Rule provides that an effective date for the Final Rule before July 1, 1995 which has been adopted by the state will be treated as "legally effective. "59 FR 45815. Under the federal regulations, the adoption by the Governor of January 1, 1995 as the effective date for the Final Rule would be considered by the Department of Labor as legally effective. The new rule is adopted on an emergency basis under the Texas Government Code, sec.481.0044(a), which authorizes the policy board to adopt rules necessary for the administration of department programs; and Texas Civil Statutes, Article 4413(52), sec.5A (as amended by Senate Bill 405, sec.29, Acts 1993, 73rd Legislature without reference to the repeal of this article), which give the policy board of the Texas Department of Commerce the authority to adopt necessary rules for the implementation and management of the job training program. The section is also adopted pursuant to the Administrative Procedure Act, Texas Government Code, Chapter 2001, Subchapter B, which mandates the rulemaking procedures for state agencies. The code sections that will be affected by sec.187.106 are Texas Community Development Code, Part V, Chapter 187. sec.187.106. Early Implementation of USDOL Final Rule.
    All of the Final Rule, 20 CFR Parts 626-638 and Part 1005, adopted by the U.S. Department of Labor and published on September 2, 1994, in the Federal Register
      in Volume 59, Number 170 at 45760 except for sec.628.510(f)(2) is effective in Texas on January 1, 1995. Issued in Austin, Texas, on February 27, 1995. TRD-9502734 Brenda F. Arnett Executive Director Texas Department of Commerce Effective date: January 1, 1995 Expiration date: May 1, 1995 For further information, please call: (512) 936-0176 Subchapter G. Eligibility Policy and Procedures 10 TAC sec.187.241 The Texas Department of Commerce adopts on an emergency basis an amendment to sec.187.241, concerning a rule to implement the Job Training Partnership Act (JTPA or the Act), pursuant to Texas Government Code, sec.481. 0044, which authorizes the policy board of the Texas Department of Commerce to adopt rules to administer department programs. This amendment is adopted pursuant to Texas Government Code, sec.2001.034(a)(1) and s2001.036(a)(3) as a requirement of federal regulation with an effective date of January 2, 1995. Section 187.241 provides for a change in the eligibility rules for the Job Training Partnership program. Under the adopted rule, 25% of the social security benefit payments are excluded from the calculation of "Family Income" when determining eligibility for Job Training Partnership Services for older individuals under the Act, sec.204(d)(5). Federal Regulation, 20 CFR sec.626.5, provides that the Governor may establish rules for the Job Training Partnership Act program which exclude this income. On December 9, 1994, the Texas Council on Workforce and Economic Competitiveness (TCWEC) affirmed a proposal asking that the Governor approve such a change in the eligibility rules effective January 1, 1995. On January 2, 1995, the Governor approved the proposal. Federal Regulation 20 CFR sec.626.5 authorizes the Governor to decide this issue of eligibility. The Governor's adoption of the TCWEC proposal in effect amended the federal regulation, as it applies to applicant in Texas, on January 2, 1995 requiring this amendment to sec.187.241 and requiring an effective date of January 1, 1995. A proposed rule is being submitted simultaneously with the emergency adoption. The amendment is adopted on an emergency basis under the Texas Government Code, sec.481.0044(a), which authorizes the policy board to adopt rules necessary for the administration of department programs; and Texas Civil Statutes, Article 4413(52), sec.5A (as amended by Senate Bill 405, sec.29, Acts 1993, 73rd Legislature without reference to the repeal of this article as part of codification), which give the policy board of the Texas Department of Commerce the authority to adopt necessary rules for the implementation and management of the job training program. The sections are also adopted pursuant to the Administrative Procedure Act, Texas Government Code, Chapter 2001, Subchapter B, which mandates the rulemaking procedures for state agencies. Texas Labor Code sec.301.005 is affected by the proposed sec.187.241. sec.187.241. Definitions. For purposes of implementing this subchapter, in addition to the definitions and references in sec.187.102 of this title (relating to General Definitions), the definitions found in 20 CFR Part 631 are adopted herein, and the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Family Income-As defined in 20 CFR 626.5 and Federal Act sec.4(8)(b). In addition, 25% of Social Security and Old Age Survivors' Insurance benefit payments are excluded for determining income eligibility for services to older individuals under the Federal Act, sec.204(d)(5). Issued in Austin, Texas, on February 27, 1995. TRD-9502733 Brenda F. Arnett Executive Director Texas Department of Commerce Effective date: January 1, 1995 Expiration date: May 1, 1995 For further information, please call: (512) 936-0176