PART 15. TEXAS VETERANS COMMISSION
CHAPTER 455. TAPS PROGRAM
The Texas Veterans Commission (Commission) adopts the repeal of Chapter 455, concerning the TAPS Program, as published in the March 1, 2024, issue of the Texas Register (49 TexReg 1246) and will not be republished.
The repeal removes the existing rules that outline the general provisions regarding the TAPS Program as the TAPS Program was terminated by the passage of Senate Bill 1859 during the 88th Legislative session, which repealed Texas Education Code Section 54.344 (Participation in Military Funerals), and Texas Government Code Section 434.0072 ("TAPS" Tuition Voucher Program) and was effective September 1, 2023.
No comments were received regarding the proposed rule repeal.
The repeal is adopted under Texas Government Code §434.010, which authorizes the Commission to establish rules that it considers necessary for its administration.
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 August 15, 2024.
TRD-202403741
Kathleen Cordova
General Counsel
Texas Veterans Commission
Effective date: September 4, 2024
Proposal publication date: March 1, 2024
For further information, please call: (737) 320-4167
The Texas Veterans Commission (commission) adopts amendments to §456.8 and §456.13 of Title 40, Part 15, Chapter 456 of the Texas Administrative Code concerning Contract Negotiation and Mediation without changes to the proposed text as published in the March 1, 2024, issue of the Texas Register (49 TexReg 1247) and will not be republished.
The amended rules are adopted to reflect the change of the title of this position from "Chief Administrative Officer" to "Director of Resource Management."
No comments were received regarding the proposed rule amendments.
The amended rules are adopted under Texas Government Code §434.010, which authorizes the commission to establish rules it considers necessary for its administration.
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 August 15, 2024.
TRD-202403744
Kathleen Cordova
General Counsel
Texas Veterans Commission
Effective date: September 4, 2024
Proposal publication date: March 1, 2024
For further information, please call: (737) 320-4167
CHAPTER 850. VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES
The Texas Workforce Commission (TWC) adopts the repeal of the following section of Chapter 850, relating to Vocational Rehabilitation Services Administrative Rules and Procedures:
Subchapter A. Vocational Rehabilitation General Rules, §850.11
TWC adopts the following new section to Chapter 850, relating to Vocational Rehabilitation Services Administrative Rules and Procedures:
Subchapter A. Vocational Rehabilitation General Rules, §850.11
Repealed and new §850.11 are adopted without changes to the proposal, as published in the June 7, 2024, issue of the Texas Register (49 TexReg 4025), and, therefore, the adopted rule text will not be published.
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the Chapter 850 rule change is to clarify TWC's Vocational Rehabilitation Division's (VRD) Comprehensive System of Personnel Development (CSPD) standards for Qualified Vocational Rehabilitation Counselors (QVRCs) in accordance with 34 Code of Federal Regulations (CFR) §361.18, relating to vocational rehabilitation personnel development.
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. VOCATIONAL REHABILITATION GENERAL RULES
TWC adopts the following amendments to Subchapter A:
§850.11. Qualified Vocational Rehabilitation Counselor
Section 850.11 is repealed and added as new to clarify requirements for QVRCs.
The current rule language in §850.11(a) - (f) is repealed and adopted as new in new §850.11 with the updated QVRC requirements. The current rule language is added throughout new §850.11(e) - (j), except for current §850.11(d) because the rule language is no longer applicable.
The repealed rule language in §850.11(e) is added into two subsections in new §850.11 as follows:
--The rule language regarding the time period for completing the graduate education requirements is added into new §850.11(e).
--The rule language regarding transcript reviews and confirming certifications is moved from repealed §850.11(e) to new §850.11(f).
Additionally, the repealed rule language in current §850.11(a) and (f) is moved, with modifications, to new §850.11(g) and (j), respectively, to align with and clarify the updated QVRC requirements. New §850.11(a) clarifies that VRD develops and maintains the CSPD standards.
New §850.11(b) specifies what is needed for staff to be classified as a QVRC.
New §850.11(c) specifies what staff must do to be qualified to perform non-delegable duties.
New §850.11(d) specifies the minimum education and experience standards required to be hired as a VR counselor.
New §850.11(e) specifies the graduate education requirements that must be completed within seven years from completion of the initial training year.
New §850.11(f) specifies that VRD must conduct transcript reviews and/or confirm certifications to determine compliance with standards, coursework, and graduate education requirements.
New §850.11(g) is the rule language that was repealed from current §850.11(a), with modifications, to align with and clarify the updated QVRC requirements.
New §850.11(h) relating to QVRC financial assistance is the rule language that was repealed from current §850.11(b).
New §850.11(i) relating to the requirements for applying for QVRC program assistance is the rule language that was repealed from current §850.11(c).
New §850.11(j) is the rule language that was repealed from current §850.11(f), with modifications, to align with and clarify the updated QVRC requirements.
PART III. PUBLIC COMMENTS
The public comment period closed on July 8, 2024. No comments were received.
SUBCHAPTER A. VOCATIONAL REHABILITATION GENERAL RULES
PART IV. STATUTORY AUTHORITY
The rules are adopted under:
--Texas Labor Code §352.103(a), which provides TWC with the specific authority to establish rules for providing vocational rehabilitation services;
--Texas Labor Code §352.104(b), which provides TWC with the specific authority to establish rules for monitoring and oversight of VR counselor performance and decision making; and
--Texas Labor Code §301.0015(a)(6), which provides 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 Title 4, Texas Labor Code, particularly Chapter 352.
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 August 13, 2024.
TRD-202403702
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: September 2, 2024
Proposal publication date: June 7, 2024
For further information, please call: (512) 850-8356
PART IV. STATUTORY AUTHORITY
The rules are adopted under:
--Texas Labor Code §352.103(a), which provides TWC with the specific authority to establish rules for providing vocational rehabilitation services;
--Texas Labor Code §352.104(b), which provides TWC with the specific authority to establish rules for monitoring and oversight of VR counselor performance and decision making; and
--Texas Labor Code §301.0015(a)(6), which provides 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 Title 4, Texas Labor Code, particularly Chapter 352.
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 August 13, 2024.
TRD-202403703
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: September 2, 2024
Proposal publication date: June 7, 2024
For further information, please call: (512) 850-8356