TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 20. TEXAS WORKFORCE COMMISSION

Chapter 801. LOCAL WORKFORCE DEVELOPMENT BOARDS

The Texas Workforce Commission (Commission) proposes the following amendments to Chapter 801 relating to Local Workforce Development Boards:

Subchapter A, General Provisions, §§801.1, 801.2, 801.11, 801.16, and 801.17

Subchapter B, One-Stop Service Delivery Network, §§801.21, 801.22, 801.23, 801.24, 801.25, 801.27, 801.28, 801.29

Subchapter C, The Integrity of the Texas Workforce System, §801.51

The Commission proposes the following new section to Chapter 801 relating to Local Workforce Development Boards:

Subchapter B, One-Stop Service Delivery Network, §801.31

The Commission proposes the following repeal to Chapter 801 relating to Local Workforce Development Boards:

Subchapter B, One-Stop Service Delivery Network, §801.26

PART I. PURPOSE, BACKGROUND, AND AUTHORITY

PART II. EXPLANATION OF INDIVIDUAL PROVISIONS

PART III. IMPACT STATEMENTS

PART IV. COORDINATION ACTIVITIES

PART I. PURPOSE, BACKGROUND, AND AUTHORITY

The purpose of the proposed Chapter 801 rules change is to implement:

- House Bill (HB) 720, enacted by the 79th Texas Legislature, Regular Session (2005), which directs that Local Workforce Development Boards (Boards) include one member who is a veteran and serves the interests of veterans;

- HB 2604, enacted by the 79th Texas Legislature, Regular Session (2005), which directs that veterans receive preference--i.e., priority of service--for state-funded training or assistance under a job training or employment assistance program or service;

- SB 6, enacted by the 79th Texas Legislature, Regular Session (2005), which directs that workforce services be prioritized and targeted to meet the needs of current foster youth and former foster youth and that Boards and the Texas Department of Family and Protective Services (DFPS) jointly develop and adopt a memorandum of understanding; and

- Texas Open Meetings Act (Texas Government Code, Chapter 551) requirements as they apply to business conducted by the Boards in their capacity as governmental entities.

Additionally, 38 U.S.C. §4215 provides federal priority of service for U.S. Department of Labor (DOL) funded employment, training, and placement programs for federal qualified veterans and qualified spouses. The proposed amendment to Chapter 801 distinguishes between state qualified veterans eligible for a preference in state-funded services and federal qualified veterans and qualified spouses eligible for preference in DOL-funded programs.

House Bill 720

Texas Government Code §2308.256(h) requires that at least one member of a Board, who qualifies under one of the existing membership categories, also be a veteran. Additionally, Texas Government Code §2308.251(2) specifies that veteran candidates for Board membership must have served in the federal armed forces, United States public health services, state military forces, or an auxiliary service of one of the branches of the armed forces, and possess an honorable discharge. Section 801.1(g)(2)(C)(vii) of this chapter requires that a veteran serve concurrently as a representative of veterans and in a membership category for which he or she qualifies.

HB 720 amends Texas Government Code §2308.256 to strengthen this provision by directing that the Board member who is a veteran also represents the interests of veterans in the local workforce development area in addition to the interests of the membership category for which the veteran was appointed. In clarifying and defining an existing Board member role filled by a veteran and the interests that member represents, HB 720 does not require a new membership category.

House Bill 2604

HB 2604 amends Chapter 302 of the Texas Labor Code and directs that qualified veterans, as identified in Texas Government Code §657.002(a), receive preference--i.e., priority of service--for training or assistance under a job training or employment assistance program or service. This requirement applies to services funded in whole or in part by state funds.

Senate Bill 6

SB 6 amends Chapter 264 of the Texas Family Code and directs DFPS to address the unique challenges facing foster youth who are in the conservatorship of DFPS and must transition to independent living.

The statute requires Boards and DFPS to jointly develop and adopt a memorandum of understanding. The memorandum of understanding will ensure that eligible foster youth are given access to the workforce system to help meet their employment, education, and training needs, and will promote collaborations and referrals to the Texas Workforce Centers in order to further the objectives of the Preparation for Adult Living (PAL) program.

DFPS is the agency responsible for administering and overseeing the federal Chafee Foster Care Independence Program (Chafee). In Texas, the independent program that receives Chafee funding is the PAL program. The goals or objectives of the PAL program include:

- helping foster youth to transition to self-sufficiency;

- helping foster youth receive the education, training, and services necessary to obtain employment;

- helping foster youth prepare for postsecondary training and educational institutions;

- providing personal and emotional support to foster youth through mentors and the promotion of interactions with dedicated adults;

- providing financial, housing, counseling, employment, education, and other appropriate support services to former foster youth between the ages of 18 and 21; and

- providing vouchers for education and training, including postsecondary education, to youth who have aged out of foster care.

SB 6 also charges that the Commission and Boards must ensure that workforce services are prioritized and targeted for youth transitioning out of the foster care system and for former foster youth. Further, where feasible, Boards must refer foster youth who need housing for short-term housing stays.

In addition to 38 U.S.C. §4215, which establishes federal priority of service for federal qualified veterans and qualified spouses in DOL-funded programs, there are two federal statutes that define veterans for DOL-funded programs--38 U.S.C. §4211 and 29 U.S.C. §2801(49). These two federal statutes define veterans differently. To simplify identification of veterans and ensure consistent application of federal priority of service, the Commission has requested a waiver under the Workforce Investment Act (WIA) (29 U.S.C. §2939) of the definition of veteran (29 U.S.C. §2801(49)) used for WIA services, to conform with the definition of veteran in 38 U.S.C. §4211.

To reinforce the federal priority of service provisions (38 U.S.C. §4215) and to implement the state priority of service provisions, federal qualified veterans and qualified spouses, state qualified veterans, and eligible foster youth first must be identified at the initial point of contact and then notified of their entitlement to a priority for workforce services. These individuals will be given priority over all other equally qualified individuals in the receipt of employment assistance or job training services.

For state-funded workforce services, if a state qualified veteran and an eligible foster youth concurrently apply for workforce services, or if a waiting list exists, the state qualified veteran must be served before the eligible foster youth.

Furthermore, for DOL-funded workforce services, if a federal qualified veteran or qualified spouse, state qualified veteran, and eligible foster youth concurrently apply for workforce services, or if a waiting list exists, the federal qualified veteran or qualified spouse must be served before the state qualified veteran or the eligible foster youth.

Texas Open Meetings Act

The Texas Open Meetings Act directs all governmental bodies, including Boards, to adopt policies in an open public meeting that has been properly posted and convened.

All Board directives that impact the rights, benefits, and privileges of employers, individuals, other customers, or organizations are official governmental policies, must be voted on, and adopted as Board policy in an open meeting. Board policy making involves developing and adopting directives as local guidelines that implement, interpret, or prescribe laws, regulations, and state policies.

Board policy making also occurs when a Board chooses to make changes to long-standing administrative procedures in a manner that is significant enough to impact the rights, property, or privileges of individuals or groups of individuals.

While the Commission has offered guidance to Boards on implementation of the Texas Open Meetings Act, currently only the Commission's Child Care and Development rules specifically reference the open meetings requirement, stating that Boards must adopt child care policies in compliance with the Texas Open Meetings Act. Because the Texas Open Meetings Act applies to all Board policies, the proposed amendment to Chapter 801 sets out the requirements.

PART II. EXPLANATION OF INDIVIDUAL PROVISIONS

(Note: Minor editorial changes have been made that do not change the meaning of the rules and, therefore, are not discussed in the Explanation of Individual Provisions.)

SUBCHAPTER A. GENERAL PROVISIONS

The Commission proposes the following amendments to Subchapter A:

§801.1. Requirements for Formation of Local Workforce Development Boards

Section 801.1(g)(2)(A)(ii)(VI) is modified to improve clarity.

Section 801.1(g)(2)(A)(ii)(VII) updates the name of the Texas Council on Workforce and Economic Competitiveness to the Texas Workforce Investment Council.

Section 801.1(g)(2)(C) is reorganized. Section 801.1(g)(2)(C)(vii)(II) and §801.1(g)(2)(C)(vii)(III) are added to require that an existing Board member, who qualifies as a veteran, be actively engaged in veterans' affairs or services and maintain a policy or decision-making role as a voting member or officer in a veterans' organization or association.

Section 801.1(g)(2)(D)(ii) is added to state that an existing Board member, who qualifies as a veteran, can represent local veterans' interests as well as the membership category for which he or she was appointed, if the Board member has a policy or decision-making role as a voting member or officer in a veterans' organization or association.

§801.11. Board Member Nomination and Appointment

New §801.11(d) has been added to clarify that Board membership categories must be maintained, as set forth in §801.1(g)(2)(C).

§801.16. Agreement for Local Procedures

Section 801.16(a) is modified to correctly cite §801.1(g)(2)(A)(i)(I) - (VI).

§801.17. Board Training and Services Plans, Modifications, and Amendments

Section 801.17(b) is reorganized to improve clarity.

SUBCHAPTER B. ONE-STOP SERVICE DELIVERY NETWORK

The Commission proposes the following amendments to Subchapter B:

§801.23. Definitions

Section 801.23(1) states that Certified Full-Service Texas Workforce Centers aid both employers and job seekers.

Section 801.23(2) states that Certified Texas Workforce Centers aid both employers and job seekers.

Section 801.23(3), the definition of One-Stop Innovation Plan, is deleted because it no longer applies to the current Incentive Awards contained in Chapter 800, Subchapter D.

New §801.23(3) defines "competent" as it applies to state qualified veterans. A state qualified veteran must be eligible for both the program and the specific employment or training service for which the veteran is applying.

New §801.23(4) defines "federal qualified veteran or qualified spouse" for the purpose of implementing federal priority of service as set forth in 38 U.S.C. §4215. A federal qualified veteran is further defined under the Workforce Investment Act (29 U.S.C. §2801(49)) or any relevant waivers, or in 38 U.S.C. §4211, and qualified spouse is defined in 38 U.S.C. §4215(a)(1)(B).

Section 801.23(4), the definition of One-Stop Service Delivery Network, is deleted because it is defined in Chapter 800.2 of this title; therefore, it is unnecessary to redefine the term in this chapter.

New §801.23(5) defines an "eligible foster youth" as:

- a "current foster youth," defined as a youth, age 14 or older, who is receiving substitute care services under the managing conservatorship of DFPS, including youth residing in private foster homes, group homes, residential treatment centers, juvenile correctional institutions, and relative care; or

- a "former foster youth," defined as a youth, not more than 23 years of age, who formerly was under the managing conservatorship of DFPS until:

- a court transferred conservatorship;

- the youth was legally emancipated (i.e., the youth's minority status was removed by a court); or

- the youth attained 18 years of age.

Section 801.23(5), the definition of "Texas Workforce Center Partner," is deleted because it is defined in Chapter 800.2 of this title; therefore, it is unnecessary to redefine the term in this chapter.

New §801.23(6) defines the term "national emergency," referenced in Texas Government Code §657.002(a), to establish criteria for a qualified veteran. A national emergency declared in accordance with federal law is an emergency declared by the President pursuant to 50 U.S.C. §1621. Because historical data (Congressional Research Service Report for Congress on the National Emergency Powers, February 10, 2006) shows that the nation has been under one or more declared states of national emergency at all times since 1933--a trend that is expected to continue--it is likely that most veterans will meet this criteria to be considered a qualified veteran for purposes of establishing priority of service.

New §801.23(7) defines "state qualified veteran," as set forth in Texas Government Code §657.002(a) and as directed by HB 2604.

§801.25. Texas Workforce Center Standards

Section 801.25(a)(1) states that in addition to employers and students, Certified Texas Workforce Centers shall be available to job seekers.

Section 801.25(a)(2) includes "referring qualified job seekers to employer job postings" as an example of employment services.

Section 801.25(a)(4) clarifies that services are tailored to meet the needs of "employers and job seekers."

Section 801.25(a)(5) replaces Adult Basic Education with Basic Education Skills as a developmental service that is not provided at a Certified Texas Workforce Center.

Section 801.25(a)(7) states that a "flexible and market-driven process" shall be implemented. This modification is made to recognize that the Texas workforce system has evolved from a customer-driven to a market-driven system.

Section 801.25(a)(8) removes references to "kiosk" and "wide area network (WAN)" because they are obsolete for purposes of this paragraph.

Section 801.25(a)(9) adds that staff have experience and knowledge of required services provided for "employers," as well as job seekers.

Section 801.25(a)(10) deletes "customer-driven" because it is not necessary.

Section 801.25(a)(11) is modified for improved clarity.

Section 801.25(a)(13) is modified for better clarity.

Section 801.25(a)(14) adds WorkInTexas.com as a service to be maintained in a user-friendly resource center.

Section 801.25(a)(15) sets out the program services to be administered by Certified Texas Workforce Centers.

New §801.25(a)(16) sets out the program services to be provided by Certified Texas Workforce Centers.

New §801.25(a)(19) requires that Certified Texas Workforce Centers ensure that federal qualified veterans and qualified spouses, and state qualified veterans, receive priority in the receipt of services, as set forth in §801.31.

New §801.25(a)(20) requires that Certified Texas Workforce Centers ensure that eligible foster youth receive priority in the receipt of services, as set forth in §801.31.

New §801.25(a)(21) requires that Certified Texas Workforce Centers comply with the provisions of the memorandum of understanding between the Board and DFPS to further the objectives of the PAL program, as required by Texas Family Code §264.121.

Certain paragraphs in §801.25 have been renumbered to accommodate additions or deletions.

§801.26. One-Stop Innovation Plan

Section 801.26 is repealed because the One-Stop Innovation Plan is no longer required.

§801.27. Texas Workforce Center Partners

Section 801.27(b)(5) is removed because the Welfare-to-Work program has ended.

Section 801.27(c)(1) removes obsolete references to the "Texas Rehabilitation Commission" and the "Texas Commission for the Blind" and replaces both with the reference to the "Texas Department of Assistive and Rehabilitative Services."

Certain paragraphs in §801.27 have been renumbered to accommodate additions or deletions.

§801.28. Services Available Through the One-Stop Service Delivery Network

Section 801.28(a) is clarified by adding that Certified Texas Workforce Centers must provide "access to" core services.

Section 801.28(a)(2) specifies that intake may include "reemployment services."

Section 801.28(a)(11) removes the reference to "Welfare to Work activities" because the Welfare-to-Work program has ended.

Section 801.28(b)(1) removes the reference to adults and dislocated workers and identifies "job seekers" as individuals who may receive comprehensive and specialized assessments of their skill levels and service needs.

Section 801.28(c)(8) clarifies that training may include "referrals to Adult Basic Education" and literacy activities.

The text of §801.28(d)(1) is incorporated into §801.28(d).

Sections 801.28(d)(2) and 801.28(d)(3) are deleted because this information is set out in §801.27.

§801.31. Priority for Workforce Services

New §801.31, Priority for Workforce Services, is added to implement the provisions of HB 2604 and SB 6 requiring state qualified veterans to receive priority for state-funded employment assistance and training services, and eligible foster youth to receive priority for federal and state-funded services. To ensure that state qualified veterans and eligible foster youth receive priority over all other equally qualified individuals, they must be identified at the initial point of contact and then notified of their entitlement to a priority for services. Individuals may identify themselves at the initial point of contact or, in the case of eligible foster youth, DFPS staff may make a referral for workforce services.

In addition to the priority of service directed by HB 2604 for state-funded employment assistance or job training services, Boards must continue, in accordance with 38 U.S.C. §4215, providing federal priority of service for federal qualified veterans and qualified spouses in the receipt of services funded in whole or in part by DOL. As previously stated, there are currently two federal definitions for veterans for DOL-funded programs. The Commission has requested a waiver of the WIA federal definition to align these definitions.

SUBCHAPTER C. THE INTEGRITY OF THE TEXAS WORKFORCE SYSTEM

The Commission proposes the following amendments to Subchapter C:

§801.51. Purpose and General Provisions

The dates in §801.51(d) and §801.51(e)(4) are deleted because they are no longer relevant.

New §801.51(f) adds the requirements of the Texas Open Meetings Act with regard to Boards conducting business and making policy decisions in open meetings, posting appropriate notice of open meetings for the public, and preparing and retaining minutes for each open meeting.

PART III. IMPACT STATEMENTS

Randy Townsend, Chief Financial Officer, has determined that for each year of the first five years the rules will be in effect, the following statements will apply:

There are no estimated additional costs to the state and to local governments expected as a result of enforcing or administering the rules.

There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules.

There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.

There are no foreseeable implications relating to costs or revenue of the state or local governments as a result of enforcing or administering the rules.

There will be no probable economic costs to persons required to comply with this rule, and there will be no adverse economic effect on small businesses.

The Agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the Agency's legal authority to adopt.

Mark Hughes, Director of Labor Market Information, has determined that there is no significant negative impact upon employment conditions in the state as a result of the rules.

Luis M. Macias, Director, Workforce Development Division, has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the proposed rules will be to ensure compliance with federal and state requirements for priority of service for federal qualified veterans and qualified spouses, state qualified veterans, and eligible foster youth and to assist Boards with meeting those requirements; representation of veterans on the Boards; and that all Board directives impacting the rights, benefits, and privileges of employers, customers, and organizations are official governmental policies, and are voted on and adopted as Board policy in an open meeting.

PART IV. COORDINATION ACTIVITIES

In the development of these rules for publication and public comment, the Commission sought the involvement of each of Texas' 28 Boards. The Commission provided the policy concepts regarding this rule amendment to the Boards 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.

Comments on the proposed rules may be submitted to TWC Policy Comments, Workforce and UI Policy, 101 East 15th Street, Room 440T, Austin, Texas 78778; faxed to (512) 475-3577; or e-mailed to TWCPolicyComments@twc.state.tx.us. The Commission must receive comments postmarked no later than 30 days from the date this proposal is published in the Texas Register .

Subchapter A. GENERAL PROVISIONS

40 TAC §§801.1, 801.2, 801.11, 801.16, 801.17

The amendments are proposed 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 proposed amendments affect Title 4, Texas Labor Code, particularly Chapters 301 and 302; Texas Family Code, Chapter 264; and Texas Government Code, Chapter 551 and Chapter 2308.

§801.1.Requirements for Formation of Local Workforce Development Boards.

(a) Purpose of Rule.

(1) Upon application by the chief elected officials (CEOs) and approval of the Commission, the Commission shall [ will ] forward an application to form a Local Workforce Development Board [ local workforce development board ] (Board) to the Governor.

(2) Before an application may be submitted to the Governor, all requirements of this section shall [ must ] be met.

(b) State Law. The formation of Boards is governed by the Workforce and Economic Competitiveness Act, Texas Government Code, Chapter 2308.

(c) Chief Elected Official Agreement. Creation of a Board requires agreement by at least three-fourths of the CEOs in the local workforce development area (workforce area) who represent units of general local government, including all of the CEOs who represent units of general local government having populations of at least 200,000. The elected officials agreeing to the creation of the Board shall [ must ] represent at least 75% of the population of the workforce area.

(d) Chief Elected Officials. The CEOs may, and are encouraged to, consult with local officials other than the ones delineated below. The following officials are designated as the CEOs for the purpose of establishing agreements to form Boards:

(1) Mayors.

(A) The mayor of each city with a population of at least 100,000;

(B) or, if there is no city with a population of greater than 100,000, the mayor of each city with a population greater than 50,000;

(C) or, if there are no cities with a population of greater than 50,000, the mayor of the largest city in the workforce area.

(D) For purposes of this section, municipal population will be determined by the figure last reported by the Texas State Data Center at the time of submission of the application to the Commission.

(2) All county judges included in a workforce area as designated by the Governor.

(e) Time of Application. CEOs in a workforce [ an ] area may not establish a Board until the Governor has designated that area as a workforce area as provided in the Workforce and Economic Competitiveness Act, Texas Government Code, Chapter 2308.

(f) Applications shall [ must ] meet all Governor-approved criteria for the establishment of Boards.

(g) Procedures for Formation of a Board. The CEOs shall [ must ] comply with the following procedures to form a Board.

(1) Public process procedure. If three-fourths of the CEOs, as defined in subsection (d) of this section, agree to initiate procedures to establish a Board, they shall [ must ] conduct a public process, including at least one public meeting, to consider the views of all affected organizations before making a final decision to form a Board. This public process may include, but is not limited to, notices published in various media and surveys for public comment.

(2) Application procedure.

(A) The CEOs shall [ must ] submit an application to the Commission. This application shall [ must ] include evidence of the actions required by paragraph (1) of this subsection. As a part of the application, each of the CEOs, who is in agreement regarding the formation of a Board, shall [ must ] execute the following documents:

(i) An [ an ] interlocal agreement delineating:

(I) The [ the ] purpose of the agreement;

(II) The [ the ] process that will be used to select the CEO who will act on behalf of the other CEOs and the name of such CEO if the person has been selected;

(III) The [ the ] procedure that will be followed to keep those CEOs informed regarding Board [ local workforce development ] activities;

(IV) The [ the ] initial size of the Board;

(V) How [ how ] resources allocated to the workforce area will be shared among the parties to the agreement;

(VI) The [ the ] process to be used to appoint the Board members, which shall [ must ] be consistent with applicable federal and state laws; and

(VII) The [ the ] terms of office of the members of the Board.

(ii) An [ an ] acknowledgment in the following form: We, the chief elected officials of the _______________ Workforce Development Area, acknowledge that the following are responsibilities and requirements pursuant to the formation of the Board [ local workforce development boards (Boards) ]:

(I) The Board will assume the responsibilities for the following committees and councils that will be replaced by the Board unless otherwise provided in Texas Government Code, Chapter 2308: private industry council, quality workforce planning committee, job service employer committee, and local general vocational program advisory committee ; [ . ]

(II) At least one Texas Workforce Center shall [ career development center must ] be established within 180 days of Board certification;

(III) The Board shall [ must ] have its own independent staff and not be a provider of workforce services, unless the Board secures a waiver of these provisions;

(IV) The CEOs shall [ chief elected officials must ] enter into a partnership agreement with the Board to designate a grant recipient to receive , [ and ] be accountable for [ block grant funds ], and be liable for any misuse of block grant funds;

(V) The partnership agreement shall [ must ] also specify the entity that will administer the programs, which may be separate from the entity that receives the funds from the state;

(VI) The partnership agreement shall [ must ] define the process through which the Boards and CEOs [ chief elected officials ] will develop the strategic and operational plans, including the training plan required under the Workforce Investment Act (WIA) [ , required by the legislation in order to receive block grant funds ]; and

(VII) The strategic plan shall [ must ] be reviewed by both the Commission and the Texas Workforce Investment Council (TWIC) [ Council on Workforce and Economic Competitiveness ], and approved by the Governor before block grants will be available to the workforce area.

(B) The application shall [ must ] include evidence that any affected existing Board has been notified and agrees that its functions and responsibilities will be assumed by the proposed Board upon the proposed Board's final certification by the Governor.

(C) The application shall include the names and affiliations of individuals recommended for Board membership, with documentation that CEOs followed the nomination process specified in applicable state and federal law, including Texas Government Code §2308.255 and §2308.256.

(i) Private sector members shall be owners of business concerns, chief executives, chief operating officers of nongovernmental employers, or other private sector executives who have substantial management or policy responsibility. To be eligible to represent the private sector, at least 51% of an individual's annual income shall [ must ] be from private sector sources.

(ii) Private sector membership should represent the composition of the local pool of employers. The private sector membership should include representatives of the region's larger employers and emerging growth industries. Primary consideration should be given to private sector employers who do not directly provide employment and workforce training services to the general public. CEOs shall [ must ] develop a profile of the workforce area's major industries using locally obtained information and state-published [ state published ] data. The Agency shall [ Commission will ] provide relevant labor market information, including data that identifies [ which identify ] employment trends, emerging high-growth, high-demand [ and growth ] industries, the size of local employers, and other data needed to assist CEOs in developing the employer profile. Documentation submitted with the application shall [ must ] show how the regional employer profile is reflected in the Board membership.

(iii) Board membership shall [ must ] include representatives of local organized labor organizations, community-based organizations, educational agencies, vocational rehabilitation agencies, public assistance agencies, economic development agencies, the public employment service, local literacy councils, and adult basic and continuing education organizations as required by law.

(iv) Representatives of local organized labor organizations shall be nominated by local labor federations unless no employees in the workforce area are represented by such organizations, in which case nominations may be made by other representatives of employees. A labor federation is defined as an alliance of two or more organized labor unions for the purpose of mutual support and action.

(v) Board nominees shall be actively engaged in the organization, enterprise , or field that [ which ] they are nominated to represent. [ A ] Board nominees [ nominee ] shall have an existing relationship with the workforce area through residence or employment within the workforce area.

(vi) At least one of the members of a Board appointed under Texas Government Code §2308.256(a) shall [ must ], in addition to the qualifications required for the members under that subsection, have expertise in child care or early childhood education.

(vii) At least one of the members of a Board appointed under Texas Government Code §2308.256(a) shall [ must ], in addition to the qualifications required for the members under that subsection : [ , be a veteran as defined in Texas Government Code §2308.251(2). ]

(I) be a veteran as defined in Texas Government Code §2308.251(2);

(II) be actively engaged in the field of veterans' affairs or services; and

(III) maintain a policy or decision-making role as a voting member or officer in a veterans' organization or veterans' association as evidence that the Board member understands the needs of the local veterans' population and will represent the interest and concerns of veterans.

(D) No individual member shall be a representative of more than one sector or category described in this section, except as statutorily permitted for one or more members having : [ expertise in child care or early childhood education in addition to meeting one of the other sector or categories of representation. ]

(i) expertise in child care or early childhood education; or

(ii) the qualifications set forth in subsection (g)(2)(C)(vii) of this section.

(E) The application shall [ must ] include documentary evidence substantiating compliance with the application procedure, including but not limited to, written agreements, minutes of public meetings, copies of correspondence, and such other documentation as may be appropriate.

§801.2.Waivers.

(a) Purpose of Rule. Texas Government Code §2308.264 [ The Workforce and Economic Competitiveness Act, §§2308.264 ], § 2308.267, and § 2308.312 set [ , Government Code, Vernon's Texas Codes Annotated, sets ] forth prohibitions regarding service delivery, Board [ board ] staffing, and developmental services. Only under circumstances that fit the criteria specified in those statutes will requests for waivers be granted.

(b) Independent Service Delivery. A Board [ board ] is prohibited from directly providing workforce training and services, including operational functions normally associated with such services such as intake, eligibility determination, assessment, and referral, unless a waiver is obtained.

(c) Separate Staffing. Board [ The board's ] staff shall [ must ] be employed separately and independently of any person that provides workforce training and services, as described in subsection (b) of this section, unless the Board [ board ] arranges for independent evaluation of any other workforce services provided by the staffing organization and obtains a waiver.

(d) Developmental Services. A person who provides one-stop [ "one-stop" ] services at a Texas Workforce [ Career Development ] Center shall [ may ] not also provide developmental services unless a waiver is obtained.

(e) Requesting a Waiver.

(1) Waiver requests shall [ should ] be submitted to the Commission and contain detailed justification as specified in the respective statutes. The Commission shall review and [ will ] forward a recommendation to TWIC [ the Texas Council on Workforce and Economic Competitiveness ] for consideration. TWIC will forward its recommendation to the Governor for approval [ a determination ].

(2) In recommending action on such requests, the Commission shall [ will ] apply only the criteria specified in the respective statutes.

(3) The Commission may require a Board [ board's ] to submit documentation as set forth [ outlined ] in [ the Texas Workforce Planning Guidelines and/or ] Workforce Development Letters to support its waiver request.

(f) Duration of Waiver.

(1) A waiver may be granted for a period less than, but not to exceed, the effective term of an approved plan and budget.

(2) A waiver may be conditioned upon the Board's [ board ] completion of steps [ measures ] taken to eliminate the need for a waiver.

§801.11.Board Member Nomination and Appointment.

(a) For each Board member nomination, the nominating organization shall submit to the CEOs of the workforce area a completed Board Nomination Slate in a form established by the Commission.

(b) Documentation in the form of a curriculum vitae, resume , or work history supporting the qualifications of the nomination shall [ must ] accompany the Board Nomination Slate.

(c) Once nominations are submitted to and appointments are made by the CEOs, the Board Appointments form , in a format established by the Commission, and documentation shall be submitted [ forwarded ] to the Agency's [ Director of the ] Workforce Development Division[ , Texas Workforce Commission ]. Only nominations submitted [ forwarded ] by the CEOs may be accepted by the Commission. The documentation submitted by the CEOs shall [ must ] include the following:

(1) [ a ] Board Nomination Slate for each appointment; and

(2) [ a ] Board Appointments form, [ in a format determined by the Commission, ] indicating the official beginning and expiration dates of all appointments.

(d) Individuals shall be recommended for Board membership in accordance with §801.1(g)(2)(C) of this subchapter.

(e) [ (d) ] Board reappointments shall be processed under the provisions of this chapter.

§801.16.Agreement for Local Procedures.

(a) The CEOs in a workforce area shall enter into an Agreement for Local Procedures with the Board [ for the workforce area ] as required by Texas Government Code §2308.253(g) and by §801.1(g)(2)(A)(i)(I) - (VI) of this subchapter [ §801.1(g)(2)(A)(iii)(IV) - (VI) ].

(b) The Agreement for Local Procedures shall [ must ] be signed by the current CEOs and the Board Chair.

(c) Any amendment to an Agreement for Local Procedures, change to a Board's organizational plan or bylaws, or notice of an election of a new CEO or Board Chair shall [ must ] be submitted to the Agency [ Commission ] within 15 calendar days of the adoption of such amendment, change, or election.

(d) If a CEO or Board Chair is newly elected during the then-current, [ then current ] two-year program planning cycle, such newly elected individual shall [ must ] submit to the Agency a written statement acknowledging that he or she [ the newly elected official ]:

(1) has read, understands, and will comply with the current Agreement for Local Procedures; and

(2) reserves the option to request negotiations to amend the Agreement for Local Procedures [ agreement ] at any time during the official's tenure as CEO or Board Chair.

(e) All Agreements for Local Procedures and Board organizational plans or bylaws shall state that Board members will not be permitted to delegate any Board duties to proxies or alternates.

§801.17.Board Training and Services Plans, Modifications , and Amendments.

(a) Purpose of Rule.

(1) All workforce training and services plans and budgets developed by a Board pursuant to state and federal law [ by a Board ] shall be submitted to the Agency's Workforce Development Division [ of the Texas Workforce Commission ] for review.

(2) Before a plan and budget is [ will be ] forwarded by the Commission to TWIC [ the Texas Council on Workforce and Economic Competitiveness (TCWEC) ] for recommendation to the Governor for approval, all requirements of this section shall [ must ] be met.

(b) Standards for Submission. The Agency shall provide guidelines for strategic planning and budgeting to Boards. A local workforce training and services plan and budget shall [ will ] be reviewed according to criteria established by the Agency [ Commission ]. [ The Texas Workforce Commission will provide guidelines for strategic planning and budgeting to Boards. ]

(c) Plan Modification or Amendment. An approved plan and budget may be changed by either modification or amendment. Either method of change shall [ must ] be submitted to the Agency [ Commission ] for review before implementation.

(1) A modification is a substantial revision of a plan and budget. The Agency shall [ Commission will ] provide criteria to Boards that [ will ] define what constitutes a substantial revision. Each modification shall [ must ] provide evidence that a majority of the CEOs of a workforce area or their designee or designees with signatory authority have approved the modification.

(2) An amendment is a minor adjustment to a plan and budget. The Agency shall [ Commission will ] provide criteria to Boards that [ will ] define what constitutes a minor adjustment. An amendment does not require approval by a majority of the CEOs of a workforce area.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 24, 2006.

TRD-200602908

Reagan Miller

Deputy Director for Workforce and UI Policy

Texas Workforce Commission

Earliest possible date of adoption: July 9, 2006

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


Subchapter B. ONE-STOP SERVICE DELIVERY NETWORK

40 TAC §§801.21 - 801.25, 801.27 - 801.29, 801.31

The new and amended rules are proposed 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 new and amended rules affect Title 4, Texas Labor Code, particularly Chapters 301 and 302; Texas Family Code, Chapter 264; and Texas Government Code, Chapter 551 and Chapter 2308.

§801.21.Scope and Purpose.

(a) The purpose of this subchapter is to set forth the rules relating to the One-Stop Service Delivery Network as set forth in Texas Government Code, Chapter 2308 ; [ , ] Texas Labor Code, Chapters 301 and 302 ; [ , ] and [ Workforce Investment Act ( ]WIA[ ) ] §121 (29 U.S.C.A. §2841). It is the intent of the Commission, in partnership with Boards, to facilitate the development and maintenance of the One-Stop Service Delivery Network such that information and services responsive to [ their ] individual needs are available to all customers. The One-Stop Service Delivery Network shall be evaluated against [ the ] established levels of certification as well as any additional standards developed by the Commission to ensure the continuous improvement of the system.

(b) The rules contained in this subchapter [ Subchapter B, relating to the One-Stop Delivery System, ] shall apply, except that to the extent of any conflict, the provisions of Texas Government Code, Chapter 2803 and [ Section ] § 801.2 and §801.54 of this chapter [ Chapter 801, relating to Local Workforce Development Boards, ] shall govern.

§801.22.Requirement to Maintain a One-Stop Service Delivery Network.

Each Board shall maintain a One-Stop Service Delivery Network, consistent with WIA, state law , and this subchapter. The One-Stop Service Delivery Network shall include at least one Certified Full-Service [ Full Service ] Texas Workforce Center providing the core services set forth [ listed ] in §801.28 (a) of this subchapter.

§801.23.Definitions.

In addition to the definitions contained in §800.2 of this title, [ Title, relating to Definitions, ] the following words or terms[ , when used in Part XX of this Title, relating to the Texas Workforce Commission, ] shall have the following meanings, unless the context clearly indicates otherwise.

(1) Certified Full-Service [ Full Service ] Texas Workforce Center--A local full-service [ full service ] workforce center that has integrated service functions to aid employers and job [ service ] seekers in all aspects of employment and training in a seamless, nonprogram-specific manner, and has been found to meet the requirements of a Full-Service [ Full Service ] Texas Workforce Center set out in §801.25(b) of this subchapter .

(2) Certified Texas Workforce Center--A local workforce center that provides integrated services to aid employers and job [ service ] seekers in all aspects of employment and training in a seamless nonprogram-specific manner, and has been found to meet the requirements of a Certified Texas Workforce Center set out in §801.25(a) of this subchapter .

(3) Competent--A federal or state qualified veteran who meets the eligibility requirements of the program from which he or she is seeking services, and is determined eligible for a specific employment and training service funded by that program.

(4) Federal Qualified Veteran or Qualified Spouse--For purposes of implementing priority of service for DOL-funded employment and training programs, the term "federal qualified veteran or qualified spouse" is defined as:

(A) A veteran as defined:

(i) under the Workforce Investment Act (29 U.S.C. §2801), or by any relevant waivers, as an individual who served in the active military, naval, or air service, and who was discharged or released from such service under conditions other than dishonorable; or

(ii) in 38 U.S.C. §4211 as a person who:

(I) served on active duty for a period of more than 180 days and was discharged or released therefrom with other than a dishonorable discharge;

(II) was discharged or released from active duty because of a service-connected disability; or

(III) as a member of a reserve component under an order to active duty pursuant to 10 U.S.C. §12301(a), (d), or (g), §12302, or §12304, served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and was discharged or released from such duty with other than a dishonorable discharge.

(B) The spouse of any of the following individuals:

(i) Any veteran who died of a service-connected disability.

(ii) Any member of the Armed Forces serving on active duty who, at the time of application for assistance under this section, is listed, pursuant to 37 U.S.C. §556 and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than 90 days:

(I) Missing in action;

(II) Captured in line of duty by a hostile force; or

(III) Forcibly detained or interned in line of duty by a foreign government or power.

(iii) Any veteran who has a total disability resulting from a service-connected disability.

(iv) Any veteran who died while a disability so evaluated was in existence.

(5) Eligible Foster Youth--An eligible foster youth is a:

(A) Current Foster Youth--A youth, age 14 or older, who is receiving substitute care services under the managing conservatorship of the Texas Department of Family and Protective Services (DFPS). This includes youth residing in private foster homes, group homes, residential treatment centers, juvenile correctional institutions, and relative care; or

(B) Former Foster Youth--A youth up to 23 years of age, who formerly was under the managing conservatorship of DFPS, until:

(i) the conservatorship was transferred by a court;

(ii) the youth was legally emancipated (i.e., the youth's minority status was removed by a court); or

(iii) the youth attained 18 years of age.

(6) National Emergency--A condition declared by the President by virtue of powers previously vested in that office to authorize certain emergency actions to be undertaken in the national interest pursuant to 50 U.S.C. §1621.

(7) State Qualified Veteran--An individual who meets the criteria of Texas Government Code §657.002(c) is entitled to a preference (i.e., priority) for training or assistance under a job training or employment assistance program or service funded in whole or in part by state funds if the individual:

(A) served in the military for not less than 90 consecutive days during a national emergency declared in accordance with federal law or was discharged from military service for an established service-connected disability;

(B) was honorably discharged from military service; and

(C) is competent as defined in paragraph (1) of this section.

[ (3) One-Stop Innovation Plan--A voluntary action plan describing improvements to the One-Stop Service Delivery Network in a Board area that may include: improvements in customer satisfaction, increased regional cooperation among Boards, enhanced performance on established local performance measures, and enhanced coordination of delivery of services with workforce center partners prepared in a format determined by the Commission, in cooperation with Boards, and in coordination with incentive rules contained in Chapter 800, Subchapter D (relating to Incentive Awards). ]

[ (4) One-Stop Service Delivery Network--A one-stop-based network under which entities responsible for administering separate workforce investment, educational and other human resources programs and funding streams collaborate to create a seamless network of service delivery that will enhance availability of services through the use of all available access and coordination methods, including telephonic and electronic methods. ]

[ (5) Texas Workforce Center Partner--an entity which carries out a workforce investment, educational or other human resources program or activity, and which participates in the operation of the One-Stop Service Delivery Network in a local workforce development area consistent with the terms of a memorandum of understanding entered into between the entity and the Board. ]

§801.24.Texas Workforce Center Certification Levels.

(a) All Texas Workforce Centers shall [ must ] meet the basic workforce center standards set out in §801.25(a) of this subchapter .

(b) In order to obtain certification as a Certified Full-Service [ Full Service ] Texas Workforce Center, a Texas Workforce Center shall [ must ] meet full-service [ full service ] standards set out in §801.25(a) and §801.25(b) of this subchapter [ (b) ].

(c) The Commission may establish additional levels of certification to ensure continuous development of the One-Stop Service Delivery Network.

§801.25.Texas Workforce Center Standards.

(a) Basic Workforce Center Standards. The Commission has established basic standards that shall [ must ] be met by all Texas Workforce Centers. Certified Texas Workforce Centers shall:

(1) be available to employers , job seekers , and students [ and workers ] throughout the [ local ] workforce [ development ] area;

(2) provide access to information and services, including employment services , such as referring qualified job seekers to employer job postings ;

(3) address individual needs of customers by providing processes for basic or enhanced [ the following three ] methods of accessing services[ : self-service, basic access, and full access ];

(4) provide services [ that are ] tailored to meet the [ individual ] needs of employers and job seekers and include: job screening and referral, labor market information, a common intake and eligibility determination process, an independent assessment and service strategy, centralized and continuous case management and counseling, access to Individual Training Account (ITA) services for education and training needs, support [ supportive ] services (including access to subsidized child care), student loans, and other forms of financial assistance required to participate in and complete training;

(5) not provide developmental services, such as General Educational Development [ (GED) ], English as a Second Language [ (ESL) ], or [ Adult ] Basic Education Skills [ (ABE) ];

(6) provide each customer [ person ] with [ written ] information on local high-growth, high-demand [ demand ] occupations and industries , projected wage level upon completion of training programs, and performance of training providers when requested;

(7) implement a flexible and market-driven process for services [ initial contact that is customer-driven and flexible ];

(8) ensure access throughout the workforce [ development ] area by developing electronic methods for service delivery, such as the [ kiosk, ] Internet[ , and wide area network (WAN) ];

(9) ensure that staff is [ are ] experienced and knowledgeable in all required [ programs and ] services for employers and job seekers [ and for employers ];

(10) implement a tiered [ customer-driven ] service delivery strategy that includes self-directed [ : information through individual self- ] service, job search assistance in group settings, access to information on filing a claim for Unemployment Insurance [ unemployment insurance ] benefits, and specialized, enhanced [ intensive ] staff-assisted services;

(11) prepare and make available to customers understandable information packages [ for customers ] that briefly describe services ; [ , ] locations ; self-directed [ , self-service ] options ; [ , ] job openings ; [ , ] career exploration methods ; [ , ] labor market information ; high-growth, high-demand job information; [ , ] training and educational opportunities, and associated institutional performance [ educational opportunities, and consumer ] information ; [ , ] and that also provide a mechanism for [ customer ] feedback on services provided;

(12) implement a timely and efficient referral and follow-up [ follow up ] process for employment-related services;

(13) provide independent assessments [ assessment ] of individual needs that include assessment of literacy levels for Choices customers [ clients who have not recently received a literacy level assessment ];

(14) maintain a user-friendly resource center that makes available computerized information systems with access to labor market information, demographics, occupations, [ and ] educational opportunities , and WorkInTexas.com, the statewide job matching system ;

(15) administer [ make available core ] services, as set forth [ defined ] in §801.28 (a) , of the following programs: WIA Adults, Dislocated Workers, and Youth [ Title I of WIA serving adults, dislocated workers and youth ]; Food Stamp Employment and Training (FSE&T) ; Temporary Assistance for Needy Families (TANF) [ TANF ] Choices [ activities ]; access to subsidized child care services [ Child Care Services ]; Wagner-Peyser Employment Service (ES) [ Services ]; Trade Adjustment Assistance (TAA) ; and [ veterans' employment and training programs; adult education; National Literacy Act services; non-certificate postsecondary career and technology training; Senior Texans Employment Program; Apprenticeship Program; National Community Services Act Program; ] Project Reintegration of Offenders (Project RIO ) [ for ex-offenders; and access to unemployment insurance benefits ]. Boards shall ensure that staff is [ be ] available to provide these [ the core ] services [ of these programs ] during all Texas Workforce Center operating hours;

(16) provide access to services, as set forth in §801.28(a), of the following programs: veterans' employment and training; Adult Basic Education; National Literacy Act; noncertificate, postsecondary career and technology training; Senior Community Service Employment Program; Apprenticeship Training Program; National and Community Service Act; and Unemployment Insurance;

(17) [ (16) ] ensure availability through the Texas Workforce Centers of other services for the programs listed in paragraph [ subparagraph ] (15) of this section;

(18) [ (17) ] provide reasonable accommodation and accessibility in accordance with the Americans with Disabilities Act [ (ADA) ]; [ and ]

(19) ensure that federal qualified veterans and qualified spouses, and state qualified veterans receive priority as set forth in §801.31 of this subchapter;

(20) ensure that eligible foster youth receive priority as set forth in §801.31 of this subchapter;

(21) comply with the provisions of the memorandum of understanding between the Board and DFPS to further the objectives of the Preparation for Adult Living program, as required by Texas Family Code §264.121; and

(22) [ (18) ] meet each of the requirements for Certified Full-Service [ Full Service ] Texas Workforce Centers within twelve months of certification as a Texas Workforce Center.

(b) Full-Service [ Full Service ] Standards. The Commission has established specific standards for a Texas Workforce Center to receive full-service [ full service ] certification. A Certified Full-Service [ Full Service ] Texas Workforce Center shall meet each of the following requirements within twelve months of certification as a Texas Workforce Center. Certified Full-Service [ Full Service ] Texas Workforce Centers shall:

(1) design a customer-friendly waiting area and implement written procedures that define the steps [ measures ] taken to minimize customer wait time in the reception area and in other areas of the Texas Workforce Center;

(2) develop written procedures for following up on referrals to determine customer receipt of services, appropriateness of the referral to address the customer's needs , and the extent of customer satisfaction with the referral process and service received;

(3) provide customer access to WorkInTexas.com; [ the statewide job matching system, ] resume preparation tools, including software ; [ , ] and the Internet;

(4) provide consumer information on the quality of education and training providers and include a mechanism for customer feedback on personal experience with such providers;

(5) develop and display a menu of services with a corresponding fee schedule for services available at the Certified Full-Service [ Full Service ] Texas Workforce Center;

(6) demonstrate[ : ] on-site management of all personnel, a plan for cross-training staff in all services, minimal programmatic specialization of staff, nonduplication [ non-duplication ] of efforts, removal of redundancies within program activities, and maximum flexibility to optimize utilization of resources;

(7) provide basic labor exchange services, including access to job orders for applicants, access to applicants for employers, and screening and referral methods for matching appropriate applicants and job orders; and

(8) provide centralized case management activities for specialized populations, such as the welfare, veterans, dislocated workers , and disabled populations.

§801.27.Texas Workforce Center Partners.

(a) Each Board shall maintain one or more memorandum [ memoranda ] of understanding that sets [ set ] out the obligations of the Board and each partner in the operation of the One-Stop Service Delivery Network in the [ local ] workforce [ development ] area. Each Board shall obtain a general authorization from the CEOs for actions taken under this subsection.

(b) Subject to the limitations [ as ] referenced in §801.29 of this subchapter [ Chapter ], relating to Limitations on Delivery of Services, the required Texas Workforce Center Partners are the entities that administer the following services in the [ local ] workforce areas [ development area ]:

(1) [ services authorized under Title I of ] WIA Adults, Dislocated Workers, and Youth [ for adults, dislocated workers and youths ];

(2) FSE&T [ Food Stamp Employment and Training services ];

(3) TANF [ Temporary Assistance for Needy Families - ] Choices [ services ];

(4) subsidized child care [ services ];

[ (5) Welfare-to-Work block grant services; ]

(5) [ (6) ] Wagner-Peyser ES [ employment services ];

(6) [ (7) ] TAA [ Trade Adjustment Assistance and NAFTA/TAA services ];

(7) [ (8) ] veterans' employment and training [ services ];

(8) [ (9) ] Adult Basic Education [ adult education activities ];

(9) [ (10) ] National Literacy Act [ services ];

(10) [ (11) ] noncertificate, [ non-certificate ] postsecondary career and technology training;

(11) [ (12) ] Senior Community Service Employment Program [ Senior Texans Employment Program (STEP) services ];

(12) [ (13) ] Apprenticeship Training Program [ apprenticeship training ];

(13) [ (14) ] National and Community Service [ Services ] Act;

(14) [ (15) ] Project RIO [ services for ex-offenders ]; and

(15) [ (16) ] Unemployment Insurance.

(c) Other entities that provide services of benefit to workforce development, including federal, state, and local programs as well as programs in the private sector, may be voluntary partners in the One-Stop Service Delivery Network if the Board and CEOs [ chief elected official(s) ] agree on each [ the ] entity's participation. The [ These ] entities include, but are not limited to, those that provide:

(1) vocational rehabilitation [ program ] services (for example, the Texas Department of Assistive and Rehabilitative Services [ Texas Rehabilitation Commission, Texas Commission for the Blind ]);

(2) Migrant and Seasonal Farmworker [ migrant and seasonal farmworker ] employment services;

(3) secondary and postsecondary vocational education and training activities;

(4) community services block grant programs;

(5) employment and training services provided through grantees of the U. S. Department of Housing and Urban Development;

(6) Job Corps services for youth; and

(7) Native American programs.

§801.28.Services Available Through the One-Stop Service Delivery Network.

(a) Core Services. All Certified Texas Workforce Centers shall provide access to core services, as defined in WIA §134(d)(2) (29 U.S.C.A. §2864(d)(2)) and Texas Government Code, Chapter 2308, including:

(1) outreach;

(2) intake, which may include reemployment services [ worker profiling ], and orientation to the information and services available through the One-Stop Service Delivery Network;

(3) determinations of individuals' eligibility [ whether the individuals are eligible ] for programs funded through the Commission that are available through the One-Stop Service Delivery Network;

(4) initial assessment of skill levels, aptitudes, abilities, and support [ supportive ] service needs;

(5) job search and placement assistance and, where appropriate, career counseling;

(6) provision of performance information and program cost information on eligible providers of training services as described in §§841.31 - 841.47 [ §§841.31- 841.47 ] of this title [ chapter ] (relating to Training Provider Certification), provided by program, and eligible providers of youth activities described in WIA §123 (29 U.S.C.A. §2843), providers of adult education described in Title II of WIA, providers of postsecondary vocational education activities and vocational education activities available to school dropouts under the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C.A. §2301 et seq.), and providers of vocational rehabilitation program activities described in Title I of the Rehabilitation Act of 1973 (29 U.S.C.A. §720 et seq.);

(7) provision of information regarding how the workforce [ local ] area is performing on the local performance measures and any additional performance information with respect to the One-Stop Service Delivery Network in the workforce [ local ] area;

(8) provision of information regarding filing claims for Unemployment Insurance [ unemployment compensation ];

(9) provision of employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including job vacancy listings in such labor market areas, information on job skills necessary to obtain the jobs listed, and information related to local high-growth, high-demand jobs [ occupations in demand ] and the earnings and skill requirements for such jobs [ occupations ];

(10) provision of accurate information relating to the availability of support [ supportive ] services, including child care and transportation, available in the [ local ] workforce [ development ] area, and referral to such services, as appropriate;

(11) assistance in establishing eligibility for [ Welfare-to-Work activities, ] Choices, FSE&T [ Food Stamp Employment and Training ], and programs of financial aid assistance for training and education that are available in the workforce [ local ] area; and

(12) follow-up [ follow up ] services, including counseling regarding the workplace [ work place ], for youth participants in WIA [ workforce investment ] activities authorized under Chapter 841 of this title [ Title ], relating to WIA [ Workforce Investment Act ], who are placed in unsubsidized employment, for not less than 12 months after the first day of the employment, as appropriate.

(b) Intensive Services. A One-Stop Service Delivery Network shall provide access to services as described in the Texas Government Code, Chapter 2308, and intensive services as described in [ the ] WIA §134(d)(3) (29 U.S.C.A. §2864(d)(3)), which may include the following:

(1) comprehensive and specialized assessments of the skill levels and service needs of job seekers [ adults and dislocated workers ], such as diagnostic testing and use of other assessment tools, in-depth interviewing, and evaluation to identify employment barriers and employment goals;

(2) development of an Individual Employment Plan [ individual employment plan ] and service strategy to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant to achieve employment goals and objectives;

(3) group counseling;

(4) individual counseling and career planning;

(5) centralized and continuous case management; and

(6) short-term prevocational services, including learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct to prepare individuals for unsubsidized employment or training.

(c) Training Services. A One-Stop Service Delivery Network shall provide access to training services as described in WIA §134(d)(4) (29 U.S.C.A. §2864(d)(4)), and [ the ] Texas Government Code, Chapter 2308. Training services may include the following:

(1) high-growth, high-demand industry [ occupational ] skills training, including training for nontraditional employment;

(2) on-the-job training;

(3) programs that combine workplace [ work place ] training with related instruction;

(4) training programs operated by the private sector;

(5) skills upgrading and retraining;

(6) entrepreneurial training;

(7) job readiness training;

(8) referrals to Adult Basic Education [ adult education ] and literacy activities in combination with services with activities described in paragraphs (1) - (7) [ (1) - (7) ] of this subsection [ section ]; and

(9) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of training.

(d) Other Services and Activities. A One-Stop Service Delivery Network shall offer access to all other permissible local employment and training activities included in the local workforce development plan, which may include discretionary one-stop activities, support services, and needs-related payments as set forth in WIA §134(e) . [ : ]

[ (1) all other permissible local employment and training activities included in the local workforce development plan, which may include discretionary one-stop activities, supportive services, and needs-related payments as outlined in WIA §134(e) (29 U.S.C.A. §2864(e)); ]

[ (2) all programs and activities administered by the Texas Workforce Center Partners; and ]

[ (3) the information described in Wagner-Peyser Act, §15, and all job search, placement, recruitment and other labor exchange services authorized under the Wagner-Peyser Act (29 U.S.C.A. 49 et seq.). ]

§801.29.Limitations on Delivery of Services.

Delivery of services under §801.28 of this title [ Title ], relating to Services Available Through the One-Stop Service Delivery Network, is subject to state law requirements on Board organization and service delivery structure as found in Texas Government Code, Chapter 2308, and this chapter [ Chapter 801 of this Title, relating to Local Workforce Development Boards ], as well as eligibility requirements and limitations of individual programs.

§801.31.Priority for Workforce Services.

(a) Boards shall ensure that federal qualified veterans and qualified spouses, state qualified veterans, and eligible foster youth who are entitled to receive priority over all other equally qualified individuals in the receipt of workforce services are:

(1) determined eligible for priority at the initial point of contact; and

(2) notified of their entitlement to a priority.

(b) Boards shall ensure that state qualified veterans receive priority over all other equally qualified individuals in the receipt of training or assistance under employment assistance or job training services funded in whole or in part by state funds in accordance with Texas Government Code §657.002(a).

(c) Boards shall ensure that federal qualified veterans and qualified spouses, as defined in §801.23(4), continue to receive priority over all other equally qualified individuals in the receipt of services funded in whole or in part by the U.S. Department of Labor, in accordance with 38 U.S.C. §4215.

(d) Boards shall ensure that eligible foster youth receive priority over all other equally qualified individuals-except federal qualified veterans, qualified spouses, and state qualified veterans as defined in this chapter-in the receipt of federal and state funded services.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 24, 2006.

TRD-200602909

Reagan Miller

Deputy Director for Workforce and UI Policy

Texas Workforce Commission

Earliest possible date of adoption: July 9, 2006

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


40 TAC §801.26

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Workforce Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed 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, particularly Chapters 301 and 302; Texas Family Code, Chapter 264; and Texas Government Code, Chapter 551 and Chapter 2308.

§801.26.One-Stop Innovation Plan.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 24, 2006.

TRD-200602911

Reagan Miller

Deputy Director for Workforce and UI Policy

Texas Workforce Commission

Earliest possible date of adoption: July 9, 2006

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


Subchapter C. THE INTEGRITY OF THE TEXAS WORKFORCE SYSTEM

40 TAC §801.51

The amendments are proposed 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 proposed amendments affect Title 4, Texas Labor Code, particularly Chapters 301 and 302; Texas Family Code, Chapter 264; and Texas Government Code, Chapter 551 and Chapter 2308.

§801.51.Purpose and General Provisions.

(a) The purpose of the rules contained in this subchapter is to implement Texas Government Code, §2308.264 and §2308.267, including provisions relating to directly delivering services, Board contracting guidelines, and other conflict of interest provisions.

(b) It is the intent of the Commission that these rules strengthen the confidence of the public in the Texas workforce system.

(c) A Board may set local policies that are more restrictive than those set forth in this subchapter.

(d) A Board shall develop the policies and procedures required by this subchapter [ no later than September 1, 2004 ].

(e) A Board member with an existing contract for workforce services shall comply with this subchapter no later than the earliest of the following:

(1) the expiration of the contract;

(2) the contract renewal date; or

(3) the expiration of the Board member's term or the Board member's resignation . [ ; or ]

[ (4) September 1, 2005. ]

(f) A Board shall adhere to the requirements of Texas Government Code, Chapter 551 (Texas Open Meetings Act). In particular, a Board shall:

(1) post appropriate notice in accordance with Texas Government Code, Chapter 551, Subchapter C;

(2) ensure that all public business or public policy over which the Board has supervision or control is discussed, considered, or acted upon during a properly posted and convened open meeting; and

(3) prepare and retain minutes or tape recordings of each open meeting of the Board. The minutes shall:

(A) state the subject of each deliberation; and

(B) indicate each vote, order, decision, or other action taken.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 24, 2006.

TRD-200602912

Reagan Miller

Deputy Director for Workforce and UI Policy

Texas Workforce Commission

Earliest possible date of adoption: July 9, 2006

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