PART 20. TEXAS WORKFORCE COMMISSION
CHAPTER 800. GENERAL ADMINISTRATION
The Texas Workforce Commission (TWC) adopts amendments to the following sections of Chapter 800, relating to General Administration:
Subchapter B. Allocations, §800.68
Subchapter L. Workforce Diploma Pilot Program, §800.501
TWC adopts the following new section to Chapter 800, relating to General Administration:
Subchapter B. Allocations, §800.69
Amended §800.68, §800.501 and new §800.69 are adopted without changes to the proposal, as published in the November 24, 2023, issue of the Texas Register (48 TexReg 6871), and, therefore, the adopted rule text will not be republished.
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The amendments to Chapter 800 create new §800.69, Integrated English Literacy and Civics Education Program, which outlines how funds appropriated to the state under Workforce Innovation and Opportunity Act (WIOA), §243, Integrated English Literacy and Civics Education (IELCE), will be allocated through a statewide competition.
The amendments incorporate into rule the requirements of House Bill (HB) 1602 and HB 2575, as passed by the 88th Texas Legislature, Regular Session (2023).
HB 1602 requires TWC to establish rules to develop performance criteria for the prioritization for the continuous award of grant funds. As such, TWC is adopting revisions to Subchapter B. Allocations, §800.68(a).
HB 2575 requires revisions to the definition of "qualified providers" in Subchapter L, Workforce Diploma Pilot Program, §800.501(12).
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
(Note: Minor editorial changes are made that do not change the meaning of the rules and, therefore, are not discussed in the Explanation of Individual Provisions.)
SUBCHAPTER B. ALLOCATIONS
TWC adopts the following amendments to Subchapter B:
§800.68. Adult Education and Literacy
Section 800.68 outlines how the state allocates General Revenue funds as well as WIOA, Title II, Temporary Assistance for Needy Families (TANF) funds to support the Adult Education and Literacy (AEL) program in Texas. Added to §800.68(a) are the HB 1602 requirements relating to priority of awarding grant funds based on performance criteria comparable to Texas Labor Code §315.007. TWC also proposes removing §800.68(d) and placing it in new section, §800.69.
§800.69. Integrated English Literacy and Civics Education Program
New §800.69 sets forth the state's allocation methodology that allows eligible applicants to demonstrate a need for funds to provide IELCE program activities to eligible adult learners across the state.
SUBCHAPTER L. WORKFORCE DIPLOMA PILOT PROGRAM
TWC adopts the following amendments to Subchapter L:
§800.501. Definitions
Section 800.501 is amended to update the definition of "qualified provider" to align with Texas Labor Code §317.004(2)(B), as amended by HB 2575.
PART III. PUBLIC COMMENTS
The public comment period closed on December 25, 2023. No comments were received.
SUBCHAPTER B. ALLOCATIONS
STATUTORY AUTHORITY
The rules are adopted under the following statutory authority:
--Texas Labor Code, §301.0015 and §302.002(d), which provide TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities; and
--Texas Labor Code Chapter 317, enacted by Senate Bill 1055, 86th Texas Legislature, Regular Session (2019), which required TWC to establish and administer the Workforce Diploma Pilot Program.
Additionally, HB 1602, 88th Texas Legislature, Regular Session (2023), added Texas Labor Code §315.002(b-1), which requires TWC to establish rules developing annual performance criteria for prioritizing the awarding of grant funds.
The adopted rules implement Title 4, Texas Labor Code, particularly Chapter 315.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 6, 2024.
TRD-202400443
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: February 26, 2024
Proposal publication date: November 24, 2023
For further information, please call: (512) 850-8356
STATUTORY AUTHORITY
The rules are adopted under the following statutory authority:
--Texas Labor Code, §301.0015 and §302.002(d), which provide TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities; and
--Texas Labor Code Chapter 317, enacted by Senate Bill 1055, 86th Texas Legislature, Regular Session (2019), which required TWC to establish and administer the Workforce Diploma Pilot Program.
Additionally, HB 1602, 88th Texas Legislature, Regular Session (2023), added Texas Labor Code §315.002(b-1), which requires TWC to establish rules developing annual performance criteria for prioritizing the awarding of grant funds.
The adopted rules implement Title 4, Texas Labor Code, particularly Chapter 315.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 6, 2024.
TRD-202400444
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: February 26, 2024
Proposal publication date: November 24, 2023
For further information, please call: (512) 850-8356
SUBCHAPTER C. SERVICE DELIVERY STRUCTURE AND ALIGNMENT
The Texas Workforce Commission (TWC) adopts amendments to the following section of Chapter 805, relating to Adult Education and Literacy:
Subchapter C. Service Delivery Structure and Alignment, §805.41
Amended §805.41 is adopted without changes to the proposal, as published in the November 24, 2023, issue of the Texas Register (48 TexReg 6876), and, therefore, the adopted rule text will not be published.
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the Chapter 805 amendments is to align the rules with federal statutory language related to the state's requirement to award multiyear grants on a competitive basis to eligible providers with demonstrated effectiveness within the state.
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
SUBCHAPTER C. SERVICE DELIVERY STRUCTURE AND ALIGNMENT
TWC adopts the following amendments to Subchapter C:
§805.41. Procurement and Contracting
Section 805.41(c) outlines the grant duration and term limits, which currently are more restrictive than federal statutory language. TWC seeks to align rule language to statutory language, which creates greater flexibility on defining grant duration.
PART III. PUBLIC COMMENTS
The public comment period closed on December 25, 2023. No comments were received.
PART IV.
STATUTORY AUTHORITY
The rules are adopted under Texas Labor Code, §301.0015 and §302.002(d), which provide TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
The adopted rules affect Title 4, Texas Labor Code, particularly Chapter 315.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 6, 2024.
TRD-202400445
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: February 26, 2024
Proposal publication date: November 24, 2023
For further information, please call: (512) 850-8356
The Texas Workforce Commission (TWC) adopts amendments to the following sections of Chapter 845, relating to Texas Work and Family Clearinghouse:
Subchapter A. General Provisions, §845.1 and §845.2
Subchapter B. Dependent Care Grants, §§845.11 - 845.13
Amended §§845.1, 845.2, and 845.11 - 845.13 are adopted without changes to the proposal, as published in the November 24, 2023, issue of the Texas Register (48 TexReg 6877), and therefore, the adopted rule text will not be published.
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the amendments to Chapter 845 is to implement House Bill (HB) 2975, 88th Texas Legislature, Regular Session (2023), relating to TWC's powers and duties with respect to work and family policies.
The Work and Family Policies Clearinghouse was created to house a grant program to provide assistance and information on dependent care and employment-related family issues, but its funding mechanism was repealed before it was implemented. HB 2975 amended Texas Labor Code Chapter 81 to disband the Clearinghouse and assigns all related responsibilities and rulemaking authority to TWC.
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
(Note: Minor editorial changes are made that do not change the meaning of the rules and, therefore, are not discussed in the Explanation of Individual Provisions.)
Texas Government Code §2001.039 requires that every four years each state agency review and consider for readoption, revision, or repeal each rule adopted by that agency. TWC has conducted a rule review of Chapter 845, Texas Work & Family Clearinghouse, and any changes are described in Part II of this preamble.
CHAPTER 845. TEXAS WORK AND FAMILY CLEARINGHOUSE
TWC adopts the following amendment to the title of Chapter 845:
The Chapter 845 title is amended to remove "Clearinghouse" to align with Texas Labor Code Chapter 81 as amended by HB 2975. The chapter title is amended to read "Texas Work and Family Policies Resources."
SUBCHAPTER A. GENERAL PROVISIONS
TWC adopts the following amendments to Subchapter A:
§845.1. Goals and Purpose
Section 845.1 is amended to replace "Clearinghouse" with "Policies Resources" to align with Texas Labor Code Chapter 81, as amended by HB 2975.
§845.2. Definitions
Section 845.2 is amended to remove the definition of "Clearinghouse" in accordance with Texas Labor Code §81.001, as amended by HB 2975. Remaining subsections are renumbered accordingly.
Renumbered §845.2(2) is amended for clarification to replace "Commission" with "Agency."
Renumbered §845.2(3) is amended to replace "Clearinghouse" with "Agency," because HB 2975 removed the clearinghouse from Texas Labor Code Chapter 81 and assigned its former responsibilities to TWC.
SUBCHAPTER B. DEPENDENT CARE GRANTS
TWC adopts the following amendments to Subchapter B:
§845.11. Submission of Grant Requests
Section 845.11 is amended for clarification to replace "Commission" with "Agency."
§845.12. Criteria for Awarding Grants
Section 845.12 is amended for clarification to replace "Commission" with "Agency."
§845.13. Cancellation or Other Corrective Action
Section 845.13 is amended for clarification to replace "Commission" with "Agency."
PART III. PUBLIC COMMENTS
The public comment period closed on December 25, 2023. No comments were received.
SUBCHAPTER A. GENERAL PROVISIONS
STATUTORY AUTHORITY
The rules are adopted under the general authority of Texas Labor Code §301.0015 and §302.002(d), which provide TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
The rules are also adopted under the specific authority of HB 2975, 88th Texas Legislature, Regular Session (2023). The bill amended Texas Labor Code §81.0045(b) and §81.007 to grant all program rulemaking authority to TWC, which was previously shared with the Work and Family Policies Clearinghouse, which was abolished by HB 2975.
The adopted rules affect Title 2, Texas Labor Code, particularly Chapter 81.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 6, 2024.
TRD-202400446
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: February 26, 2024
Proposal publication date: November 24, 2023
For further information, please call: (512) 850-8356
The rules are adopted under the general authority of Texas Labor Code §301.0015 and §302.002(d), which provide TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
The rules are also adopted under the specific authority of HB 2975, 88th Texas Legislature, Regular Session (2023). The bill amended Texas Labor Code §81.0045(b) and §81.007 to grant all program rulemaking authority to TWC, which was previously shared with the Work and Family Policies Clearinghouse, which was abolished by HB 2975.
The adopted rules affect Title 2, Texas Labor Code, particularly Chapter 81.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 6, 2024.
TRD-202400447
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: February 26, 2024
Proposal publication date: November 24, 2023
For further information, please call: (512) 850-8356