Texas Register
(30 TexReg 7031):
Subchapter A. General Provisions, §800.8
PURPOSE, BACKGROUND, AND AUTHORITY
EXPLANATION OF INDIVIDUAL PROVISIONS
PURPOSE, BACKGROUND, AND AUTHORITY
The Commission adopts a new rule relating to suspension of rules. The purpose
of the rule is to allow the Commission to suspend rules in order to ensure
timely and appropriate administration of the Commission's employment and training
and unemployment insurance services.
In August and September 2005, two extraordinary natural disasters, Hurricanes
Katrina and Rita, unexpectedly impacted Texas residents, property, and resources.
Both were declared major disasters by President Bush. On September 20, 2005,
the Governor of Texas certified that Hurricane Rita posed a threat of immediate
disaster along the Texas Gulf Coast and authorized implementation of all necessary
and appropriate public measures to respond to the threat. The disasters resulted
in thousands of individuals evacuating from Louisiana to Texas, the flooding
of thirteen eastern Texas counties, the complete destruction of the infrastructure
of several communities, and have prevented many affected persons from receiving
Agency services and left tens of thousands in need of Agency services.
The Commission believes that the imminent peril to the public health, safety,
and welfare posed by the two hurricanes requires that the Commission have
the flexibility to suspend specific rules that are unmistakably inapplicable
or unenforceable for compliance in an urgent public emergency. The new rule
allows the Commission to respond immediately and effectively to a public emergency
or imperative public necessity, while continuing to provide unimpeded services.
Furthermore, the new rule provides that the Commission will suspend a rule
only after it finds a public emergency or imperative public necessity, and
only after the Commission finds that the suspension will best serve the public
health, safety, or welfare. The Commission believes that this language is
appropriate and necessary to respond to unforeseen circumstances and emergency
situations. The Commission will suspend, in open meeting, only those rules
whose suspension will best serve the public health, safety, or welfare and
will not suspend any rule that merely restates federal statute or regulation
or state statute that is beyond the Commission's authority to suspend or defer.
EXPLANATION OF INDIVIDUAL PROVISIONS
SUBCHAPTER A. GENERAL PROVISIONS
§800.8. Suspension of Rules
The Commission adopts new §800.8, Suspension of Rules, which provides
the Commission with the authority to suspend the operation of one or more
of the provisions in this title, on either a statewide or other basis, if
the Commission finds a public emergency or imperative public necessity exists,
and the Commission finds that the suspension will best serve the public health,
safety, or welfare.
The Commission received no comments on the proposed rule language.
The new rule is adopted pursuant to Texas Labor Code §301.0015(a)(5)
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 and Texas Labor Code §301.062, which
provides the Commission with the power to make findings and determine issues
under Title 4 of the Texas Labor Code.
The rules affect Title 4, Texas Labor Code, particularly Chapters 301 and
302.
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 January 3, 2006.
TRD-200600023
Reagan Miller
Deputy Director for Workforce and UI Policy
Texas Workforce Commission
Effective date: January 23, 2006
Proposal publication date: October 28, 2005
For further information, please call: (512) 475-0829