EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the code. [Brackets] indicate deletion of existing material within a section. TITLE 40. SOCIAL SERVICES AND ASSISTANCE PART XX. Texas Workforce Commission Chapter 813. Food Stamp Employment and Training The Texas Workforce Commission (Commission) adopts on an emergency basis the repeal of sec.sec.813.1-813.2 and new sec.sec.813.1 and 813.2, relating to the Food Stamp Employment and Training program. This emergency adoption is necessary to comply with the new mandates of recent federal guidance that force the state to immediately adopt these rules. Section 813.1 explains the expenditure of funds. Section 813.2 sets forth the allowable activities for the Food Stamp Employment and Training Program. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 requires able-bodied food stamp recipients, ages 18-50, with no dependents (ABAWDs) to participate in specific activities in order to receive food stamp benefits. Failure of these participants to comply with these federal requirements will limit their assistance to three out of thirty-six (36) months. This targeted population is referred to as ABAWDs. Allowable activities include training funded by the Trade Adjustment Act of 1974 (TAA), Job Training Partnership Act (JTPA), workfare, and state training and education programs of at least twenty (20) hours a week. Recent federal guidance mandates that the state utilize at least eighty percent (80%) of federal Food Stamp Employment and Training funds to assist ABAWDs in allowable activities. Randy Townsend, Director of Finance, has determined that for each year of the first five years the rules as adopted will be in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules. Mike Sheridan, Executive Director of the Commission, has determined that the public benefit anticipated as a result of the rules as adopted will be to provide work opportunities for ABAWDs who would otherwise lose food assistance because of the time limits imposed under the Welfare Reform legislation which restricts participation in the Food Stamp Program to 3-in-36 months unless the individual is working or participating in a work program 20 hours per week, or participating in a workfare program. There is no cost to small businesses to comply with the new rules as adopted. There is no economic cost to persons required to comply with the rules. Mark Hughes, Director of Labor Market Information, has determined that there is no significant negative impact upon employment conditions in this state as a result of these proposed rules. The only impact on private employers as a result of these rules would be an expanded applicant pool. 40 TAC sec.sec.813.1, 813.2 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections 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 repeals are adopted under the Texas Labor Code, Chapter 301, which provides the Texas Workforce Commission with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of Texas Workforce Commission programs. The repeals affect the Texas Labor Code, Title 4. sec.813.1. Participation Requirements. sec.813.2. Failure to Comply. Filed with the Office of the Secretary of State,on April 29, 1998. TRD-9806032 J. Randel (Jerry) Hill General Counsel Texas Workforce Commission Effective date: April 29, 1998 Expiration date: August 27, 1998 For further information, please call: (512) 463-8812 40 TAC sec.sec.813.1, 813.2 The new rules are adopted under Texas Labor Code sec.301.061 which provides the Texas Workforce Commission with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of Texas Workforce Commission programs and Texas Government Code sec.2001.034 which authorizes a state agency to adopt an emergency rule. The adoption affects the Texas Labor Code, Title 4. sec.813.1. Expenditure of Funds.
    (a) Beginning May 1, 1998, Food Stamp Employment and Training services shall be available only to able-bodied adults without dependents.
      (b) For purposes of this subchapter, able-bodied adults without dependents are individuals aged eighteen to fifty.
        (c) For purposes of this subchapter, dependents are children under eighteen years of age.
          sec.813.2. Allowable Activities.
            Allowable activities for able-bodied adults without children include, but are not limited to, the following activities:
              (1) at least twenty (20) hours of employment per week in an unsubsidized position;
                (2) at least twenty (20) hours per week of participation in work programs under the Trade Adjustment Assistance Act of 1974, 19 U.S.C.A.sec.2320 et seq.;
                  (3) at least twenty (20) hours per week of participation in programs under the Job Training Partnership Act, 42 U.S.C.A. sec.1501et seq.;
                    (4) at least twenty (20) hours per week in education and training; or
                      (5) a state workfare program in the public or non-profit sectors, which includes a thirty (30) day job search, as approved by the Food and Nutrition Services of the U.S. Department of Agriculture.
                        Filed with the Office of the Secretary of State, on April 29, 1998. TRD-9806031 J. Randel (Jerry) Hill General Counsel Texas Workforce Commission Effective date: April 29, 1998 Expiration date: August 27, 1998 For further information, please call: (512) 463-8812