40 TAC §843.1 §843.2
The Texas Workforce Commission (Commission) adopts new Chapter
843 Job Matching Services, §843.1 Employer and Job Seeker Services and §843.2
Public Employer Requirements Regarding Veterans Preference with changes as
published in the January 4, 2002 issue of the
Texas
Register,
(27 TexReg 122).
The rule provides information to the public regarding job matching services
and the veterans employment preferences. Specifically, §843.1 clarifies
for employers and job seekers the methods of accessing job matching services
and provides the framework for how public entities may comply with §843.2.
Section 843.2 sets forth the requirements for how public employers may comply
with posting job openings with the Commission as required by Texas Government
Code §657.009 relating to the veterans preference in public employment.
New Chapter 843 establishes a location for rules relating to job matching
services.
Background. The Agency makes available to the public job postings and related
information provided by public and private employers through job matching
services. Job matching services are provided through utilizing the Governor's
Job Bank, Hire Texas, and the job services matching system to facilitate the
exchange of employment information between employers and job seekers including
individuals entitled to the veterans preference under Texas Government Code
Chapter 657 (Chapter 657). Further information about the Governor's Job Bank,
Hire Texas, the job services matching system and the veterans preference in
public employment follows.
The Governor's Job Bank provides a clearinghouse for state agencies to
post job openings in compliance with Texas Government Code Chapter 656 relating
to Job Notices and Training. The Governor's Job Bank also provides an electronic
resource of comprehensive postings of current openings for job seekers desiring
to work for government entities. State agencies have the option of posting
job opening information themselves or sending the information to the Commission
for posting into the system. When viewing the Governor's Job Bank over the
Internet, job seekers can click on a link to the Uniform State Application
for Employment and print it for submission to any state agency.
Hire Texas provides self-service Internet access to the job services matching
system for employers and job seekers. It enables employers to post job openings
and search for workers. It also enables job seekers to register for work and
search for jobs. Through Hire Texas public and private employers can establish
their own account, enter and code job postings to search for specific criteria,
and obtain a list of candidates ranked and scored by how well each meets job
opening criteria. Hire Texas displays posted job openings and allows for cross-posting
of job openings to America's Job Bank, which is a national data exchange system
for employers and job seekers. Hire Texas also includes access to an applicant
database with information on all types of job seekers from temporary laborers
to skilled professionals. The format of Hire Texas allows employers to quickly
view the skills and qualifications for each job candidate and then, if the
employer is interested in that person, allows the employer to view contact
information. To use the Hire Texas employer job matching services, the employer
must have a current Agency tax account. An employer may also post job openings
by phone, fax or office visit by contacting a Texas Workforce Center in the
employer's local workforce development area. For additional information about
Texas Workforce Centers, please see the Agency web site at
www.texasworkforce.org
.
The job service matching system contains the master database of all posted
job openings submitted by public and private entities in Texas. This system
gives employers access to the largest database of job seekers in Texas, currently
including information on over one-half million job seekers. The job service
matching system also contains over one-half million new job postings each
year. This system also incorporates a preference for veterans in the matching
process.
Texas Government Code §657.009 requires that public entities provide
to the Commission for posting, information regarding job openings subject
to the hiring preference in public employment for veterans. For purposes of
Chapter 657, a "public entity" includes a public department, commission, board
or agency.
The Commission received comments from the North Central Texas Workforce
Board. A summary of the comments and related responses follows. The commenter
expressed appreciation for the opportunity to comment on the proposed rules
and hoped that the contributions of the commenter would help in the State
of Texas. Further comments and responses follow.
Comment: Regarding §843.1, although the commenter recognized the Commission's
responsibility for adopting rules necessary to implement programs, the commenter
did not support the rule. The commenter stated that the rule represents excessive
rule promulgation and that a better means to address these issues would be
through local Board plans, WD guidance letters, or even the master contract
with each Board. The commenter suggested incorporating this information into
the guidelines for the annual Plan modification.
Response: The Commission agrees that a Board's plan and master contract
should specifically address the role of a Board in making available job matching
services; however, the Commission disagrees with removing this rule because
the rule goes beyond stating the role of a Board. In general, a rule contains
either "interpretive" or "substantive" provisions. An interpretive rule provision
clarifies or explains existing law or regulations by interpreting and applying
statutes under which an agency operates. A substantive rule provision grants
rights, imposes obligations or produces other significant effects on private
interests. Primarily an interpretive rule, § 843.1 clarifies for employers
and job seekers the methods of accessing job matching services and provides
the framework for the public to comply with the statutory requirements of §843.2
regarding job postings subject to the veterans preference. The rule does not
place a new substantive requirement on a Board, but merely notifies the public
of the coordination between a Board and employment service staff located in
a local workforce development area.
Comment: Regarding §843.1, the commenter stated that the purpose of
the section is unclear.
Response: The Commission agrees with clarifying subsection (a) of this
section regarding the purpose of job matching services and the rule.
Comment: Regarding §843.2, Public Employer Requirements Regarding
Veterans Preference, the commenter supported the adoption of §843.2 because
the rule is aligned with the requirements of state law and stated that Texas
Government Code §657.009 specifies the public employer requirements regarding
veterans preference.
Response: The Commission agrees with and appreciates the comment.
The adopted rules contain one technical change to correct a cross-reference
in §843.2(b) to §841.2(b)(1)-(3) relating to the Employer Postings
of Job Openings.
The Commission adopts the new rules under Texas Labor Code §301.061
and §302.002, which provide the Commission with authority to adopt, amend,
or repeal rules it deems necessary for effective administration of Agency
services and activities and Texas Government Code Chapter 657.009 that provides
for adopting rules relating to public entities posting positions with the
Agency.
The rules affect Texas Labor Code, Chapter 302, and Texas Government Code
Chapter 657.
§843.1.Employer and Job Seeker Services.
(a)
Purpose. Job matching services provide the public with
a clearinghouse for exchanging information on job postings and job seekers.
This section sets forth for employers and job seekers the methods available
for accessing the clearinghouse of employer and job seeker information.
(b)
Employer Postings of Job Openings. Employers may obtain
access to the job matching services, including information to assist employers
in posting job openings in the job matching system, by one or more of the
following methods:
(1)
registering directly over the Internet using the Internet-based
job matching system at
www.texasworkforce.org
or transmitting by electronic mail (e-mail) to
hire.texas@twc.state.tx.us
or its successor web site;
(2)
calling or visiting any Texas Workforce Center in Texas;
or
(3)
through any other means approved by the Board in consultation
with employment services staff located in the local workforce development
area in which the open position exists, including sending or requesting information
by mail or facsimile.
(c)
Job Seekers Access to Job Opening Information and Posting
Resume. Job seekers may obtain access to the job matching services, including
information to assist job seekers in posting a resume, obtaining information
on job openings posted in the job matching system, labor market information
and employment and training opportunities by one or more of the methods:
(1)
viewing on-line information available on the Internet;
(2)
registering directly over the Internet using the Internet-based
job matching system at
www.texasworkforce.org
or transmitting by electronic mail (e-mail) to
hire.texas@twc.state.tx.us
or its successor web site;
(3)
calling or visiting any Texas Workforce Center in Texas;
or
(4)
through any other means approved by the Board in consultation
with employment services staff located in the local workforce development
area in which the open position exists, including sending or requesting information
by mail or facsimile.
§843.2.Public Employer Requirements Regarding Veterans Preference.
(a)
A public entity or public work shall provide information
to the Agency regarding any open position subject to the veterans preferences
as specified in Texas Government Code §657.009, unless specifically exempted
under the state statute.
(b)
A public entity or public work shall provide information
by one or more of the methods indicated in §843.1 (b)(1)-(3) relating
to the Employer Postings of Job Openings and submit basic information regarding
the opening to the Agency as soon as practical, including the following:
(1)
the name of the public entity;
(2)
the location where the job is to be performed including
city and state;
(3)
a description of the job opening;
(4)
the minimum educational and work experience required for
the position; and
(5)
contact information regarding the opening.
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 12, 2002.
TRD-200201538
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: April 1, 2002
Proposal publication date: January 4, 2002
For further information, please call: (512) 463-2573