PART 20. TEXAS WORKFORCE COMMISSION
CHAPTER 801. LOCAL WORKFORCE DEVELOPMENT BOARDS
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Workforce Commission (TWC) adopts amendments to the following section of Chapter 801, relating to Local Workforce Development Boards:
Subchapter A. General Provisions, §801.1
Amended §801.1 is adopted without changes to the proposal, as published in the January 5, 2024, issue of the Texas Register (49 TexReg 26), and, therefore, the adopted rule text will not be published.
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the Chapter 801 rule change is to address changes in Texas Government Code §2308.256(a) and (g) because of the passage of House Bill (HB) 1615 by the 88th Texas Legislature, Regular Session (2023). Regarding Local Workforce Development Board (Board) composition, the bill removes the requirement that a Board member must have expertise in child care or early childhood education and adds the requirement that a Board must have representatives from the child care workforce.
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 A. GENERAL PROVISIONS
TWC adopts the following amendments to Subchapter A:
§801.1. Requirements for Formation of Local Workforce Development Boards
Section 801.1 is amended by amended Texas Government Code §2308.256(a) to add that a Board must include a representative from the child care workforce and subsection §2308.256(g) subsequently removes the requirement that at least one Board member shall have expertise in child care or early childhood education by amending §801.1 as follows:
--Section 801.1(g)(2)(C)(vi) is removed because of the amended Texas Government Code §2308.256(a) requirement. The subsequent clause is renumbered.
--Section 801.1(g)(2)(D)(i) and (ii) are also removed and the language in §801.1(g)(2)(D)(ii) is merged into §801.1(g)(2)(D).
TWC hereby certifies that the rules have been reviewed by legal counsel and found to be within TWC's legal authority to adopt.
PART III. PUBLIC COMMENTS
The public comment period closed on February 19, 2024. TWC received one comment from an individual.
COMMENT: One individual supported the requirement that a Board must have representatives from the child care workforce.
RESPONSE: The Commission appreciates the support. No changes were made in response to this comment.
PART IV. STATUTORY AUTHORITY
The rules are adopted to implement House Bill 1615, 88th Texas Legislature, Regular Session (2023), which amended Texas Government Code §2308.256 to require that Boards include a representative of the child care workforce.
The rules are adopted under:
--Texas Government Code §2308.253, which provides TWC with the specific authority to establish rules related to local workforce development boards; and
--Texas Labor Code §301.0015 and §302.002(d), which provide TWC with the general authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
The adopted rules relate to Texas Government Code Chapter 2308.
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 April 1, 2024.
TRD-202401354
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: April 21, 2024
Proposal publication date: January 5, 2024
For further information, please call: (512) 850-8356