TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 20. TEXAS WORKFORCE COMMISSION

CHAPTER 802. TEXAS WORKFORCE COMMISSION LOCAL WORKFORCE DEVELOPMENT BOARD ADVISORY COMMITTEE

The Texas Workforce Commission (Commission) adopts the repeal of Chapter 802 in its entirety, relating to the Texas Workforce Commission Local Workforce Development Board Advisory Committee rules, without changes, as published in the November 28, 2008, issue of the Texas Register (33 TexReg 9659):

Subchapter A. General Provisions, §§802.1 - 802.4

Subchapter B. Requirements for TWC Advisory Committee Members, §§802.11 - 802.15

Subchapter C. Requirements for TWC Advisory Committee Meetings, §802.21 and §802.22

Subchapter D. Reporting to the Commission, §802.31

Subchapter E. Agency Evaluation of the TWC Advisory Committee and Report to the Legislative Budget Board, §802.41 and §802.42

PART I. PURPOSE, BACKGROUND, AND AUTHORITY

The purpose of the adopted repeal is to eliminate Chapter 802, relating to the Texas Workforce Commission (TWC) Local Workforce Development Board Advisory Committee rules, created pursuant to Texas Labor Code §302.013. Under Texas Government Code §2110.008(b), an advisory committee is automatically abolished on the fourth anniversary of the date of its creation. Because the law creating the TWC Advisory Committee became effective September 1, 2003, the automatic abolishment date of the TWC Advisory Committee is September 1, 2007; therefore, these rules are no longer required.

No comments were received on the proposed repeal.

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

SUBCHAPTER A. GENERAL PROVISIONS

40 TAC §§802.1 - 802.4

The repeal is adopted pursuant to 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 adopted repeal affects Texas Labor Code, Title 4; Texas Labor Code §302.013, regarding establishment of an advisory committee to the Commission; and Texas Government Code, Chapter 2110, relating to state agency advisory committees.

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 20, 2009.

TRD-200900227

Reagan Miller

Deputy Division Director, Workforce Policy and Service Delivery Branch

Texas Workforce Commission

Effective date: February 9, 2009

Proposal publication date: November 28, 2008

For further information, please call: (512) 475-0230


SUBCHAPTER B. REQUIREMENTS FOR TWC ADVISORY COMMITTEE MEMBERS

40 TAC §§802.11 - 802.15

The repeal is adopted pursuant to 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 adopted repeal affects Texas Labor Code, Title 4; Texas Labor Code §302.013, regarding establishment of an advisory committee to the Commission; and Texas Government Code, Chapter 2110, relating to state agency advisory committees.

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 20, 2009.

TRD-200900228

Reagan Miller

Deputy Division Director, Workforce Policy and Service Delivery Branch

Texas Workforce Commission

Effective date: February 9, 2009

Proposal publication date: November 28, 2008

For further information, please call: (512) 475-0230


SUBCHAPTER C. REQUIREMENTS FOR TWC ADVISORY COMMITTEE MEETINGS

40 TAC §802.21, §802.22

The repeal is adopted pursuant to 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 adopted repeal affects Texas Labor Code, Title 4; Texas Labor Code §302.013, regarding establishment of an advisory committee to the Commission; and Texas Government Code, Chapter 2110, relating to state agency advisory committees.

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 20, 2009.

TRD-200900229

Reagan Miller

Deputy Division Director, Workforce Policy and Service Delivery Branch

Texas Workforce Commission

Effective date: February 9, 2009

Proposal publication date: November 28, 2008

For further information, please call: (512) 475-0230


SUBCHAPTER D. REPORTING TO THE COMMISSION

40 TAC §802.31

The repeal is adopted pursuant to 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 adopted repeal affects Texas Labor Code, Title 4; Texas Labor Code §302.013, regarding establishment of an advisory committee to the Commission; and Texas Government Code, Chapter 2110, relating to state agency advisory committees.

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 20, 2009.

TRD-200900230

Reagan Miller

Deputy Division Director, Workforce Policy and Service Delivery Branch

Texas Workforce Commission

Effective date: February 9, 2009

Proposal publication date: November 28, 2008

For further information, please call: (512) 475-0230


SUBCHAPTER E. AGENCY EVALUATION OF THE TWC ADVISORY COMMITTEE AND REPORT TO THE LEGISLATIVE BUDGET BOARD

40 TAC §802.41, §802.42

The repeal is adopted pursuant to 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 adopted repeal affects Texas Labor Code, Title 4; Texas Labor Code §302.013, regarding establishment of an advisory committee to the Commission; and Texas Government Code, Chapter 2110, relating to state agency advisory committees.

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 20, 2009.

TRD-200900231

Reagan Miller

Deputy Division Director, Workforce Policy and Service Delivery Branch

Texas Workforce Commission

Effective date: February 9, 2009

Proposal publication date: November 28, 2008

For further information, please call: (512) 475-0230


CHAPTER 839. WELFARE TO WORK

The Texas Workforce Commission (Commission) adopts the repeal of Chapter 839 in its entirety, relating to the Welfare to Work Program rules, without changes, as published in the November 28, 2008, issue of the Texas Register (33 TexReg 9661):

Subchapter A. General Provisions, §§839.1 - 839.3

Subchapter B. Nondiscrimination and Equal Opportunity, §839.11 and §839.12

Subchapter C. Welfare to Work Grievance Procedures, §§839.31 - 839.36 and §§839.38 - 839.47

PART I. PURPOSE, BACKGROUND, AND AUTHORITY

The purpose of the adopted repeal is to eliminate Chapter 839, relating to the Welfare to Work Program rules.

On January 23, 2004, Congress enacted the Consolidated Appropriations Act for 2004. The Act rescinded unexpended Federal Fiscal Year 1999 (FFY'99) Welfare to Work (WtW) formula funds as of that date, except for those funds needed to carry out closeout activities.

On February 27, 2004, the U.S. Department of Labor (DOL) issued Training and Employment Guidance Letter 19-03 to provide policy and procedures relating to program termination, transition of participants, and closeout pursuant to the rescission of the FFY'99 WtW formula funds. The closeout activities have been completed and the formula funds expended, therefore, these rules are no longer required.

No comments were received on the proposed repeal.

SUBCHAPTER A. GENERAL PROVISIONS

40 TAC §§839.1 - 839.3

The repeal is adopted under Texas Labor Code §301.0015 and §302.002(d), which provide the Commission with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of Agency services and activities, and the Texas Human Resources Code §44.002, regarding Administrative Rules.

The adopted repeal affects Texas Labor Code, Title 4, and Texas Government Code, Chapter 2308.

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 20, 2009.

TRD-200900232

Reagan Miller

Deputy Division Director, Workforce Policy and Service Delivery Branch

Texas Workforce Commission

Effective date: February 9, 2009

Proposal publication date: November 28, 2008

For further information, please call: (512) 475-0230


SUBCHAPTER B. NONDISCRIMINATION AND EQUAL OPPORTUNITY

40 TAC §839.11, §839.12

The repeal is adopted under Texas Labor Code §301.0015 and §302.002(d), which provide the Commission with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of Agency services and activities, and the Texas Human Resources Code §44.002, regarding Administrative Rules.

The adopted repeal affects Texas Labor Code, Title 4, and Texas Government Code, Chapter 2308.

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 20, 2009.

TRD-200900233

Reagan Miller

Deputy Division Director, Workforce Policy and Service Delivery Branch

Texas Workforce Commission

Effective date: February 9, 2009

Proposal publication date: November 28, 2008

For further information, please call: (512) 475-0230


SUBCHAPTER C. WELFARE TO WORK GRIEVANCE PROCEDURES

40 TAC §§839.31 - 839.36, 839.38 - 839.47

The repeal is adopted under Texas Labor Code §301.0015 and §302.002(d), which provide the Commission with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of Agency services and activities, and the Texas Human Resources Code §44.002, regarding Administrative Rules.

The adopted repeal affects Texas Labor Code, Title 4, and Texas Government Code, Chapter 2308.

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 20, 2009.

TRD-200900234

Reagan Miller

Deputy Division Director, Workforce Policy and Service Delivery Branch

Texas Workforce Commission

Effective date: February 9, 2009

Proposal publication date: November 28, 2008

For further information, please call: (512) 475-0230