PART 15. TEXAS VETERANS COMMISSION
CHAPTER 461. VETERANS EDUCATION
The Texas Veterans Commission (Commission) proposes amendments to Chapter 461, Subchapter A, §461.20, Definitions and Subchapter B, §461.200, Authority and Purpose.
PART I. PURPOSE AND BACKGROUND
The proposed amendments update the rule to add "Space Force" to Title 40, TAC, Chapter 461, Subchapter A, Exemption Program for Veterans and Their Dependents (The Hazlewood Act), Definitions, §461.20(15), Initial Entry Training, and to correct the statutory authority for the Veteran Education Excellence Recognition Award (VEERA) Network in Chapter 461, Subchapter B, Veteran Education Excellence Recognition Award (Veera) Network. Currently, the rule lists Texas Government Code, §434.251, Definitions, as the statutory authority for the Veteran Education Excellence Recognition Award (VEERA) Network.
PART II. EXPLANATION OF SECTIONS
SUBCHAPTER A. EXEMPTION PROGRAM FOR VETERANS AND THEIR DEPENDENTS (THE HAZLEWOOD ACT)
Section 461.20 Definitions
In Subsection (15): Adds the "Space Force" to the definition of "Initial entry training."
SUBCHAPTER B. VETERAN EDUCATION EXCELLENCE RECOGNITION AWARD (VEERA) NETWORK
Section 461.200 Authority and Purpose
In Subsection (a): Corrects the statutory authority for this subchapter to Texas Government Code § 434.252 relating to the Veteran Education Excellence Recognition Award (Veera) Network.
PART III. IMPACT STATEMENTS
FISCAL NOTE
Stephanie Robinson, Chief Financial Officer, Texas Veterans Commission, has determined for each year of the first five years the proposed rule amendment will be in effect, there will not be an increase in expenditures or revenue for state and local government as a result of administering the proposed rule.
COSTS TO REGULATED PERSONS
Stephanie Robinson, Chief Financial Officer, has also determined there will not be anticipated economic costs to persons required to comply with the proposed rule.
LOCAL EMPLOYMENT IMPACT
Anna Baker, Director, Veterans Employment Services, Texas Veterans Commission, has determined that there will not be a significant impact upon employment conditions in the state as a result of the proposed rule.
SMALL BUSINESS, MICRO BUSINESS AND RURAL COMMUNITIES IMPACT
Megan Tamez, Director, Veterans Entrepreneur Program, Texas Veterans Commission, has determined that the proposed rule will not have an adverse economic effect on small businesses, micro businesses or rural communities as defined in Texas Government Code §2006.001. As a result, an Economic Impact Statement and Regulatory Flexibility Analysis is not required.
PUBLIC BENEFIT
Shawn Deabay, Deputy Executive Director, Texas Veterans Commission, has determined that for each year of the first five years the proposed rule are in effect, the public benefit anticipated as a result of administering the amended rule will reduce the need for formal disputes and settle disputes at the lowest level possible.
GOVERNMENT GROWTH IMPACT STATEMENT
Mr. Deabay has also determined that for each year of the first five years that the proposed rule amendments are in effect, the following statements will apply:
The proposed rule amendments will not create or eliminate a government program.
Implementation of the proposed rule amendments will not require creation of new employee positions, or elimination of existing employee positions.
Implementation of the proposed rule amendments will not require an increase or decrease in future legislative appropriations to the agency.
No fees will be created by the proposed rule amendments.
The proposed rule amendments will not require new regulations.
The proposed rule amendments have no effect on existing regulations.
The proposed rule amendments have no effect on the number of individuals subject to the rule's applicability.
The proposed rule amendments have no effect on this state's economy.
PART IV. COMMENTS
Comments on the proposed amended rules may be submitted to Texas Veterans Commission, Attention: General Counsel, P.O. Box 12277, Austin, Texas 78711; faxed to (512) 475-2395; or emailed to rulemaking@tvc.texas.gov. For comments submitted electronically, please include "Chapter 461 Rules" in the subject line. The Commission must receive comments postmarked no later than 30 days from the date this proposal is published in the Texas Register.
SUBCHAPTER A. EXEMPTION PROGRAM FOR VETERANS AND THEIR DEPENDENTS (THE HAZLEWOOD ACT)
PART V. STATUTORY AUTHORITY
The rule amendment is proposed under Texas Government Code §434.010 which authorizes the commission to establish rules it considers necessary for its administration.
No other statutes, articles, or codes are affected by this proposal.
§461.20.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Board--The Texas Higher Education Coordinating Board.
(2) Commission--The Texas Veterans Commission.
(3) Census date--The date in an academic term or semester for which an institution is required to certify a person's enrollment in the institution to the Board for the purposes of determining formula funding for the institution.
(4) Contact Hour--A time unit of instruction as defined in 19 Texas Administrative Code §13.1.
(5) Continuing education unit or CEU--A unit of measure of instruction as defined in 19 Texas Administrative Code §9.1.
(6) Degree certified hours--Hours for which the student is registered as of the census date of a term or semester.
(7) Dependent--An individual who was claimed as a dependent for federal income tax purposes by the individual's parent or court-appointed legal guardian, or as defined in Texas Education Code §54.341(k) and (m) in a particular year and in the previous tax year. A child was a dependent if he or she was claimed as such by a parent or legal guardian during the veteran's year of entry into the service and in the previous tax year.
(8) Deposit fees--Fees that an institution may collect under Texas Education Code §54.502.
(9) Eligible Person--
(A) Veteran as defined in Texas Education Code §54.341(a);
(B) Spouse as defined in Texas Education Code §54.341(a-2); or
(C) Child or Children as defined by Texas Education Code §54.341(m).
(10) Extraordinary costs--Only applicable for public junior colleges, public technical institutes, or public state colleges as defined in Texas Education Code §61.003. The cost of tuition and fees that exceed the average tuition and fee charges at the institution.
(11) Federal income tax return--An IRS Transcript of Tax Return for that particular year.
(12) Guidelines for Instructional Programs in Workforce Education (GIPWE)--A Board approved publication as defined in 19 Texas Administrative Code §9.1.
(13) Hazlewood Act Exemption--The tuition and partial fee exemption authorized under Texas Education Code §54.341.
(14) Hazlewood Legacy Act--The tuition and partial fee exemption authorized under Texas Education Code §54.341(k).
(15) Initial entry training--Includes Basic Combat Training and Advanced Individual Training, One Station Unit Training, Officer Candidate School, service as a cadet at the United States Military Academy, and service as a cadet candidate at the United States Military Academy Preparatory School (Army); Recruit Training and Skill Training (or 'A' School), Officer Candidate School, service as a midshipman at the United States Naval Academy, and service as a midshipman candidate at the Naval Academy Preparatory School (Navy); Basic Military Training and Technical Training, Officer Training School, service as a cadet at the United States Air Force Academy; and service as a cadet candidate at the United States Air Force Academy Preparatory School (Air Force and Space Force); Recruit Training and Marine Corps Training (or School of Infantry Training), Officer Candidates School (Marine Corps); and Basic Training, Officer Candidate School, and service as a cadet at the United States Coast Guard Academy (Coast Guard), or the equivalent training for that branch of service.
(16) Institution--A Texas public institution of higher education as defined in Texas Education Code §61.003(8).
(17) Qualifying service--Discharged under honorable conditions after serving on active military duty, excluding initial entry training, for more than 180 days as documented by the Certificate of Release or Discharge from Active Duty (DD FORM 214) issued by the Department of Defense or other qualifying discharge document. Other qualifying discharge documents are:
(A) WD AGO 53, Enlisted Record and Report of Separation Honorable Discharge;
(B) WD AGO 53-55, Enlisted Record and Report of Separation Honorable Discharge;
(C) WD AGO 53-58, Enlisted Record and Report of Separation General Discharge;
(D) NAVCG-553, Notice of Separation from U.S. Coast Guard;
(E) NAVMC 78-PD, U.S. Marine Corps Report of Separation;
(F) NAVPERS-553, Notice of Separation from U.S. Naval Service; or
(G) NA Form 13038, Certification of Military Service. This form may only be used upon written verification from the National Archives that a DD Form 214 or equivalent discharge document has been lost or destroyed and may only be used to verify days of qualifying service and character of service.
(18) Resident of Texas--A resident of the State of Texas as determined in accordance with 19 Texas Administrative Code Chapter 21, Subchapter B (relating to Determination of Resident Status).
(19) Satisfactory academic progress--A grade point average that satisfies the institution's requirement for making satisfactory academic progress toward a degree or certificate in accordance with the institution's policy regarding eligibility for financial aid. This requirement does not apply to spouses or children of veterans who died from a service-related injury or illness, or who were classified as missing in action (MIA) or killed in action (KIA).
(20) Semester Credit Hour--A unit of measure of instruction as defined in 19 Texas Administrative Code §13.1.
(21) Stacking--Concurrent use of state and federal veteran education benefits by an eligible person.
(22) Student services fees--Fees that an institution may, under Texas Education Code, §§54.503, 54.5061, and 54.513, elect to charge to students to cover the cost of student services.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 15, 2024.
TRD-202403747
Kathleen Cordova
General Counsel
Texas Veterans Commission
Earliest possible date of adoption: September 29, 2024
For further information, please call: (737) 320-4167
PART V. STATUTORY AUTHORITY
The rule amendment is proposed under Texas Government Code §434.010 which authorizes the commission to establish rules it considers necessary for its administration.
No other statutes, articles, or codes are affected by this proposal.
§461.200.Authority and Purpose.
(a) Authority. The authority for this subchapter is
provided in Texas Government Code §434.252 [§434.251
] relating to Veteran Education Excellence Recognition Award
(VEERA) Network.
(b) Purpose. The purpose of this subchapter is to provide procedures and criteria for the administration of the Veterans Education Excellence Recognition Award (VEERA) Network.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 15, 2024.
TRD-202403748
Kathleen Cordova
General Counsel
Texas Veterans Commission
Earliest possible date of adoption: September 29, 2024
For further information, please call: (737) 320-4167
CHAPTER 801. LOCAL WORKFORCE DEVELOPMENT BOARDS
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Workforce Commission (TWC) proposes amendments to the following section of Chapter 801, relating to Local Workforce Development Boards:
Subchapter A. General Provisions, §801.16
TWC proposes the following new section to Chapter 801, relating to Local Workforce Development Boards:
Subchapter A. General Provisions, §801.10
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the proposed Chapter 801 rule change is to:
--add language regarding the addition and removal of chief elected officials (CEOs) due to changes in local populations, elections, or other relevant events that would cause a change to a Local Workforce Development Board's (Board's) CEO composition;
--add a new section regarding Board procedures to assess the need for changes in the local CEO composition; and
--amend §801.16 to make the language more inclusive to all situations in which there are changes to a Board's CEO membership.
Amendments to this rule are in response to the growing populations of Texas municipalities. The proposed rule changes present an opportunity for Boards to assess their local municipalities and the composition of their CEOs. The changes will accelerate new CEOs' awareness of their authority, roles, and responsibilities, and facilitate their swift engagement in the Board's workforce system.
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 proposes the following amendments to Subchapter A:
§801.10. Administering Chief Elected Official Appointment and Removal
New §801.10 provides a procedure for the Board's recurring assessment of its local CEOs for the purpose of their addition or removal, as necessary. This procedure requires Boards to:
--use Texas Demographic Center data and local election results in their assessment; and
--outreach newly elected officials.
§801.16. Partnership Agreement
Section 801.16 is amended to provide a procedure for amending a Board's Partnership Agreement pertaining to any situation in which a CEO is added or removed.
PART III. IMPACT STATEMENTS
Chris Nelson, Chief Financial Officer, has determined that for each year of the first five years the rules will be in effect, the following statements will apply:
There are no additional estimated costs to the state and to local governments expected as a result of enforcing or administering the rules.
There are no estimated cost reductions to the state and to local governments as a result of enforcing or administering the rules.
There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rules.
There are no foreseeable implications relating to costs or revenue of the state or local governments as a result of enforcing or administering the rules.
There are no anticipated economic costs to individuals required to comply with the rules.
There is no anticipated adverse economic impact on small businesses, microbusinesses, or rural communities as a result of enforcing or administering the rules.
Based on the analyses required by Texas Government Code §2001.024, TWC has determined that the requirement to repeal or amend a rule, as required by Texas Government Code §2001.0045, does not apply to this rulemaking.
Takings Impact Assessment
Under Texas Government Code §2007.002(5), "taking" means a governmental action that affects private real property, in whole or in part or temporarily or permanently, in a manner that requires the governmental entity to compensate the private real property owner as provided by the Fifth and Fourteenth Amendments to the US Constitution or the Texas Constitution, §17 or §19, Article I, or restricts or limits the owner's right to the property that would otherwise exist in the absence of the governmental action, and is the producing cause of a reduction of at least 25 percent in the market value of the affected private real property, determined by comparing the market value of the property as if the governmental action is not in effect and the market value of the property determined as if the governmental action is in effect. TWC completed a Takings Impact Assessment for the proposed rulemaking action under Texas Government Code §2007.043. The primary purpose of this proposed rulemaking action, as discussed elsewhere in this preamble, is to add language to the rule regarding the addition and removal of Board CEOs due to changes in local populations, elections, or other relevant events that would cause a change to a Board's CEO composition.
The proposed rulemaking action will not create any additional burden on private real property or affect private real property in a manner that would require compensation to private real property owners under the US Constitution or the Texas Constitution. The proposal also will not affect private real property in a manner that restricts or limits an owner's right to the property that would otherwise exist in the absence of the governmental action. Therefore, the proposed rulemaking will not cause a taking under Texas Government Code, Chapter 2007.
Government Growth Impact Statement
TWC has determined that during the first five years the rules will be in effect, they:
--will not create or eliminate a government program;
--will not require the creation or elimination of employee positions;
--will not require an increase or decrease in future legislative appropriations to TWC;
--will not require an increase or decrease in fees paid to TWC;
--will not create a new regulation;
--will not expand, limit, or eliminate an existing regulation;
--will not change the number of individuals subject to the rules; and
--will not positively or adversely affect the state's economy.
Economic Impact Statement and Regulatory Flexibility Analysis
TWC has determined that the rules will not have an adverse economic impact on small businesses or rural communities, as the proposed rules place no requirements on small businesses or rural communities.
Mariana Vega, Director, Labor Market Information, has determined that there is not a significant negative impact upon employment conditions in the state as a result of the rules.
Mary York, Director, Workforce Development Division, has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the proposed rules will be to provide more clarity to the CEO selection process; accelerate new CEOs' awareness of their authority, roles, and responsibilities; and facilitate their swift engagement in the Board's workforce system.
PART IV. COORDINATION ACTIVITIES
During a regularly scheduled conference call on June 21, 2024, TWC Workforce Development Division staff informed Board executive directors and staff of the upcoming rule changes and sought their input.
PART V. PUBLIC COMMENTS
Comments on the proposed rules may be submitted to TWCPolicyComments@twc.texas.gov and must be received no later than September 30, 2024.
PART VI.
STATUTORY AUTHORITY
The rules are proposed under:
--Texas Government Code §2308.253(a), which provides TWC with the specific authority to establish rules governing the formation of Local Workforce Development Boards; and
--Texas Labor Code §301.0015(a)(6) 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 proposed rules relate to Title 10, Texas Government Code, Chapter 2308.
§801.10.Administering Chief Elected Official Appointment and Removal.
(a) Based on the criteria set forth in §801.1(d) of this subchapter, Boards shall determine the need to add or remove CEOs.
(1) Following county and municipal elections, Boards shall identify and outreach new CEOs to inform them of their designation under this chapter.
(2) Not less than quarterly, Boards shall review local population amounts using figures reported to the Texas Demographic Center, consistent with §801.1(d)(1)(D) of this subchapter, to identify and notify elected officials of changes to CEO status.
(b) Boards shall notify the Agency within 15 calendar days of any changes in CEOs.
§801.16.Partnership Agreement.
(a) The CEOs in a workforce area shall enter into a Partnership Agreement with the Board as required by Texas Government Code §2308.253(g) and by §801.1(g)(2)(A)(i)(I) - (VII) of this subchapter.
(b) The Partnership Agreement shall be signed by the current CEOs and the Board Chair.
(c) Any amendment to a Partnership Agreement or[,] change to a Board's organizational plan or bylaws[,
or notice of an election a new CEO or Board Chair] shall be
submitted to the Agency within 15 calendar days of the adoption of
such amendment or[,] change[, or election].
(d) If a CEO or Board Chair is newly appointed,
elected, or determined to meet the requirements of §801.1(d)
of this subchapter during the then current, two-year programming cycle,
the individual [elected during the then-current, two-year
program planning cycle, such newly elected individual] shall
submit to the Agency a written statement acknowledging that the
individual [he or she]:
(1) has read, understands, and will comply with the current Partnership Agreement; and
(2) reserves the option to request negotiations to amend the Partnership Agreement at any time during the official's tenure as CEO or Board Chair.
(e) All Partnership Agreements and Board organizational plans or bylaws shall state that Board members will not be permitted to delegate any Board duties to proxies or alternates.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 15, 2024.
TRD-202403726
Les Trobman
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: September 29, 2024
For further information, please call: (512) 850-8356