PART 20. TEXAS WORKFORCE COMMISSION
CHAPTER 817. CHILD LABOR
The Texas Workforce Commission (TWC) adopts amendments to the following sections of Chapter 817, relating to Child Labor:
Subchapter A. General Provisions, §§817.2, 817.5 and 817.6
Subchapter B. Limitations on the Employment of Children, §817.22 and §817.24
Subchapter C. Employment of Child Actors, §817.31 and §817.32
TWC adopts the following new subchapter to Chapter 817, relating to Violations and Administrative Penalties:
Subchapter D. Violations and Administrative Penalties, §§817.34 - 817.36
Amended §§817.2, 817.5, 817.6, 817.22, 817.24, 817.31, and 817.32, and new §§817.34 - 817.36 are adopted without changes to the proposal, as published in the October 4, 2024, issue of the Texas Register (49 TexReg 8069), and, therefore, the adopted rule text will not be published.
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the amendments to Chapter 817 is to address statutory changes enacted by House Bill (HB) 2459, 88th Texas Legislature, Regular Session (2023); clarify definitions and terms under Texas Labor Code, Chapter 51; provide policy clarifications; and make other technical corrections.
Prior to the enactment of HB 2459, only employers had appeal rights relating to child labor preliminary determination orders or child labor appeal tribunal decisions. HB 2459 repealed and replaced several sections of Texas Labor Code, Chapter 51, and amended Texas Labor Code §301.0015 to establish Commission review of child labor appeal tribunal orders. The administrative hearings process in Texas Labor Code, Chapter 51, now mirrors the process in Texas Labor Code, Chapter 61. TWC is taking the opportunity to use its policy function to provide additional clarity to employers regarding how inspections and penalties operate under Texas Labor Code, Chapter 51, along with technical cleanup.
Rule Review
Texas Government Code, §2001.039 requires a state agency to review and consider for readoption each of its rules every four years. In accordance with the statute, TWC has reviewed Chapter 817, Child Labor, and proposes readoption of the rules as amended.
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:
§817.2. Definitions
Section 817.2(1) adds a definition for Agency.
Section 817.2(9) adds a definition for Commission.
Section 817.2(12) amends the definition of Employer from an entity to a person to be consistent with Texas Labor Code §51.002.
Section 817.2(14) adds a definition for Employs.
§817.5. Certificate of Age
Section 817.5(a)(1) is amended to clarify that applicants must use the TWC-provided application form.
§817.6. Appeals
Section 817.6 is amended to clarify that hearings conducted under Texas Labor Code, Chapter 51, are subject to the rules and hearing procedures set out in TWC Chapter 815 Unemployment Insurance.
SUBCHAPTER B. LIMITATIONS ON THE EMPLOYMENT OF CHILDREN
TWC adopts the following amendments to Subchapter B:
§817.22. Hardship Waiver of Hours Requirements for 14- and 15-Year-Old Children
Section 817.22 is amended to clarify the roles of the Agency and Commission.
§817.24. Limitations on the Employment of Children to Solicit
Section 817.24 is amended to clarify the roles of the Agency and its Wage and Hour Department.
SUBCHAPTER C. EMPLOYMENT OF CHILD ACTORS
TWC proposes the following amendments to Subchapter C:
§817.31. Hardship Waiver of Hours Requirements for 14- and 15-Year-Old Children
Section 817.31 is amended to clarify the roles of the Agency and Commission.
§817.32. Application Exceptions
Section 817.32 is amended to clarify the roles of the Agency and Commission.
SUBCHAPTER D. VIOLATIONS AND ADMINISTRATIVE PENALTY
The Commission adopts new Subchapter D as follows:
New Subchapter D, regarding violations and administrative penalties, provides clarification regarding TWC's interpretation of the enforcement provisions in Texas Labor Code, Chapter 51.
§817.34. Violations
New §817.34 clarifies the requirements to establish a violation under Texas Labor Code, Chapter 51, or this chapter. While an offense under Texas Labor Code, Chapter 51, includes a culpability requirement, a violation that may lead to an administrative penalty does not include a required culpability. As such, an offense will always be a violation, but a violation will not always be an offense. This section also clarifies that TWC has jurisdiction over child labor violations for the two-year period preceding the inspection, as established under Texas Labor Code §51.021, and jurisdiction over violations by a sexually oriented business for a five-year period preceding an inspection under Texas Labor Code §51.016. The new section also clarifies that TWC has jurisdiction to impose an administrative penalty for child labor violations that occurred during the two-year period even if the child is no longer working for the employer at the time the administrative penalty is imposed.
§817.35. Inspection; Collection of Information; Hinderance
New §817.35 clarifies the places that TWC may inspect by defining the basis that can be used to establish good reason to believe a violation has occurred and addresses TWC's authority to request records concerning the employment of a child. This section also specifies what actions are considered a hinderance to an inspection and a violation under Texas Labor Code, Chapter 51, and this chapter.
§817.36. Administrative Penalty
New §817.36 provides clarification regarding TWC's interpretation of the administrative penalty factors under Texas Labor Code §51.033 and requires the Commission to adopt a penalty matrix.
TWC hereby certifies that the adoption has been reviewed by legal counsel and found to be within TWC's legal authority to adopt.
PART III. PUBLIC COMMENTS
The public comment period ended on November 4, 2024.
TWC received comments from Dan's Hamburgers, Inc.
COMMENT: One commenter questioned the need for a certificate of age form because employers are already required to complete a federal Form I-9, which requires two forms of identification to verify an employee's identity, and employers are required to verify employee Social Security numbers.
RESPONSE: Texas Labor Code §51.022 permits a child who is at least 14 years of age to apply to TWC for a certificate of age and requires TWC to issue a certificate of age if the application is approved. The certificate of age can be used by a child to verify their age to an employer.
Chapter 817 rules do not require an employer or employee to complete a certificate of age form. The proposed amendments to §817.5 clarify that Agency staff are responsible for providing the certificate of age form. No changes were made in response to this comment.
SUBCHAPTER A. GENERAL PROVISIONS
PART IV. STATUTORY AUTHORITY
The rules are adopted under:
--Texas Labor Code §51.023, which provides TWC with the specific authority to adopt rules necessary to promote the purpose of Texas Labor Code, Chapter 51; 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 Texas Labor Code, Title 2.
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 December 10, 2024.
TRD-202405933
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: December 30, 2024
Proposal publication date: October 4, 2024
For further information, please call: (737) 301-9662
The rules are adopted under:
--Texas Labor Code §51.023, which provides TWC with the specific authority to adopt rules necessary to promote the purpose of Texas Labor Code, Chapter 51; 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 Texas Labor Code, Title 2.
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 December 10, 2024.
TRD-202405936
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: December 30, 2024
Proposal publication date: October 4, 2024
For further information, please call: (737) 301-9662
The rules are adopted under:
--Texas Labor Code §51.023, which provides TWC with the specific authority to adopt rules necessary to promote the purpose of Texas Labor Code, Chapter 51; 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 Texas Labor Code, Title 2.
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 December 10, 2024.
TRD-202405937
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: December 30, 2024
Proposal publication date: October 4, 2024
For further information, please call: (737) 301-9662
The rules are adopted under:
--Texas Labor Code §51.023, which provides TWC with the specific authority to adopt rules necessary to promote the purpose of Texas Labor Code, Chapter 51; 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 Texas Labor Code, Title 2.
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 December 10, 2024.
TRD-202405938
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: December 30, 2024
Proposal publication date: October 4, 2024
For further information, please call: (737) 301-9662
The Texas Workforce Commission (TWC) adopts new Chapter 844, relating to Prohibited Coronavirus Vaccine Mandates by Private Employer, comprising the following subchapters:
Subchapter A. General Provisions, §844.1 and §844.2
Subchapter B. Complaints, §§844.25 - 844.30
Subchapter C. Determinations, §§844.50 - 844.55
Subchapter D. Administrative Hearings and Judicial Review, §§844.75 - 844.92
New §§844.1, 844.2, 844.25 - 844.30, 844.50 - 844.55, and 844.75 - 844.92 are adopted without changes to the proposal, as published in the October 4, 2024, issue of the Texas Register (49 TexReg 8075), and, therefore, the adopted rule text will not be published.
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of Chapter 844 is to establish rules as required by Senate Bill (SB) 7, 88th Texas Legislature, Third Special Session (2023), which added Texas Health and Safety Code, Chapter 81D, Prohibited Coronavirus Virus Vaccine Mandates by Private Employer.
SB 7 prohibits employers from taking adverse actions against applicants, employees, or contractors based on a refusal to be vaccinated against COVID-19. If an adverse action was taken by an employer against an applicant, employee, or contractor, the applicant, employee, or contractor can file a complaint and TWC will investigate. An employer who is determined to have taken a prohibited adverse action is subject to an administrative penalty unless the employer takes reasonable efforts to make the complainant whole. SB 7 also allows TWC to recover the reasonable cost of investigation when it is determined that the employer took a prohibited adverse action.
Chapter 844 rules address the requirements for and methods of submitting a complaint. The chapter also establishes an appeal procedure to provide parties notice and an opportunity to be heard at a meaningful time and in a meaningful manner.
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
SUBCHAPTER A. GENERAL PROVISIONS
TWC adopts new Subchapter A, General Provisions, as follows:
§844.1. Purpose
New §844.1 defines the purpose of the Chapter 844 rules.
§844.2. Definitions
New §844.2 defines "Adverse Action," "Agency," "Complainant," "Complaint Form," "Contractor," "COVID-19," "Day," "Department," "Employee," "Employer," "Governmental Entity," "Party," and "Person." The definition of Employee would include an individual who seeks admission to or is employed under a medical residency program in Texas.
SUBCHAPTER B. COMPLAINTS
TWC adopts new Subchapter B, Complaints, as follows:
§844.25. Complaint Requirements
New §844.25 establishes the requirements and method to file a complaint. Complaints must be filed online within 90 days of the adverse action and must provide the name of the complainant, name of the employer, and the nature and description of the adverse action. The complainant must also declare that the information provided in the complaint is true and correct.
§844.26. Valid Complaints
New §844.26 addresses issues concerning the validity of a complaint. These issues include that the adverse action must have occurred after the effective date of SB 7, that the employer is not a governmental entity, and that the complaint is not duplicative of a prior complaint. All references to days in this chapter mean calendar days.
§844.27. Jurisdiction
New §844.27 defines when employers are subject to TWC's jurisdiction under this Chapter as it relates the connection of the work, complainant, and employer to Texas.
§844.28. Dismissal
New §844.28 allows TWC to dismiss complaints that are incomplete or do not meet the requirements of §844.26. Dismissed complaints can be refiled by the complainant within 30 days of the dismissal.
§844.29. Adverse Action
New §844.29 provides context to the definition of adverse action by further addressing the reasonable person standard. Examples of an adverse action include, but are not limited to, terminating an employee, terminating a contractual relationship, demoting an employee, reducing pay or compensation, not hiring an employee, not offering a contract for a contract position, or a reduction in hours not related to a business need. When determining whether an employer's action was an adverse action, the Agency will consider the employer's good faith attempt to comply with a legal obligation as evidence that the employer's action would not be considered by a reasonable person to be for the purpose of punishing, alienating, or otherwise adversely affecting a complainant.
§844.30. Investigation of Complaints in Health Care
New §844.30 requires TWC to consult with the Texas Department of State Health Services (DSHS) when a complaint against a health care facility, health care provider, or physician concerns a policy that requires the use of protective medical equipment to determine if the policy is reasonable.
SUBCHAPTER C. DETERMINATIONS
TWC adopts new Subchapter C, Determinations, as follows:
§844.50. Preliminary Determination Order, Determination on Remedial Action, and Penalty and Cost Order
New §844.50 defines the procedures for issuing a determination after the investigation is complete. A preliminary determination order will be mailed to each party informing them whether TWC found a violation, which would require the imposition of an administrative penalty, and whether TWC will seek to recover investigative costs from the employer. SB 7 prescribes the administrative penalty amount of $50,000 for each violation and did not provide TWC with discretionary authority to adjust the penalty amount. The preliminary determination order would inform the parties of appeal rights and the employer's ability to take remedial action to avoid the administrative penalty. If an employer completes remedial action and submits proof of remedial action within 30 days of a preliminary determination order or decision, TWC will issue a determination on remedial action, which is an appealable document. Once the determination or decision is final, a penalty and cost order will be issued instructing the employer to make payment to TWC. If an employer fails to make payment in accordance with the penalty and cost order, TWC will refer the amount to the Office of the Attorney General in accordance with Texas Government Code §2107.003 as well as reporting the indebtedness to the Texas Comptroller of Public Accounts under the warrant hold provisions in Texas Government Code §403.055(f).
§844.51. Remedial Action
New §844.51 establishes how an employer may take remedial action, in accordance with Texas Health and Safety Code §81D.006, to avoid the imposition of an administrative penalty. The section also defines acceptable proof of a remedial action and the method for submitting proof of remedial action, which must be submitted within 30 days of a preliminary determination order.
§844.52. Investigative Costs
New §844.52 addresses when TWC may seek to recover the reasonable costs of an investigation.
§844.53. Corrected Determinations and Decisions
New §844.53 allows TWC to issue corrected determinations or decisions to correct an error including an incorrect address for a party.
§844.54. Withdrawal of Complaint
New §844.54 allows a complainant to withdraw a complaint before the preliminary determination order becomes final.
§844.55. Appeal and Determination Finality
New §844.55 establishes that a party can file an appeal to a determination within 30 days of the mailing date of the determination by submitting a written appeal by mail, fax, or other method approved by TWC on the preliminary determination order.
SUBCHAPTER D. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW
TWC adopts new Subchapter D, Administrative Hearings and Judicial Review, as follows:
§844.75. Administrative Hearings
New §844.75 states that an administrative hearing will be conducted by the Agency's Special Program Appeals department by electronic means.
§844.76. Parties
Under new §844.76, the parties to the hearing are the complainant, the employer and TWC.
§844.77. Hearing Scheduling and Notice
New §844.77 prescribes the procedures for scheduling and issuing a hearing notice upon the receipt of an appeal. The section states what information must be included in the hearing notice.
§844.78. Representation
New §844.78 allows parties to be represented by an attorney or other individual of their choice.
§844.79. Ex Parte Communications
New §844.79 prohibits ex parte communications without notice and an opportunity for all parties to participate.
§844.80. Hearing Procedures
New §844.80 establishes hearing procedures for the administrative hearing including general procedures and procedures for evidence, witnesses, exchange of exhibits, and maintaining the hearing record.
§844.81. Postponement and Continuance
New §844.81 addresses situations when the hearing can be postponed or continued.
§844.82. Default
New §844.82 describes the procedures when a party fails to appear for the hearing and for a non-appearing party to file a motion to set aside the default.
§844.83. Timeliness
New §844.83 establishes the timeliness guidelines for this chapter including address changes, dating of appeal documents, and the evidence required to overcome the presumption of receipt.
§844.84. Withdrawal of an Appeal
New §844.84 allows a party to withdrawal an appeal before the hearing officer's decision is final.
§844.85. Decision
New §844.85 states that the hearing officer's decision must be issued in writing as soon as possible after the hearing closes; states the information that must be included in the decision; and states that the decision must be mailed to the parties or their representatives. A decision can be reopened if the employer submits a notice to the hearing officer within 14 days of the mailing date of the decision that the employer intends to take remedial action. The employer would then have 30 days to submit proof of remedial action.
§844.86. Finality of Decision
New §844.86 states that the hearing officer's decision becomes final 14 days after the date the decision is mailed unless before that date the hearing officer reopens the decision, a party files a timely appeal, or the commission decides to remove the case to itself.
§844.87. Commission
New §844.87 sets forth the Commission's duties under this chapter, including which member of the Commission shall serve as chair when the Commission acts under this chapter.
§844.88. Removal of Order Pending Before a Hearing Officer
New §844.88 allows the Commission to remove a pending hearing to itself.
§844.89. Commission Review of Hearing Officer Order
New §844.89 establishes that the Commission may affirm, modify, or set aside a penalty order on the basis of previously submitted evidence or direct the taking of additional evidence.
§844.90. Notice of Commission Action
New §844.90 defines the issues to be addressed in a notice of Commission action and requires the Commission to enter a written order for the payment of any penalty or investigative costs the Commission has assessed.
§844.91. Finality of Commission Order
New §844.91 establishes that the Commission order is final 14 days after the date the order is mailed unless the Commission reopens the appeal or a party files a motion for rehearing.
§844.92. Judicial Review
New §844.92 sets forth the method of seeking judicial review of TWC's final decision or order.
TWC hereby certifies that the adoption has been reviewed by legal counsel and found to be within TWC's legal authority to adopt.
PART III. PUBLIC COMMENTS
The comment period ended on November 4, 2024.
TWC received comments from:
-- Texas Medical Association (TMA)
-- Texas Hospital Association (THA)
COMMENT: TMA expressed concern that the proposed rules do not contain a time frame for TWC to complete its complaint investigation. They suggested that the rules should include a 90-day time frame to complete the investigation to ensure that the parties recollection of the events were fresh and records related to the issue were still available. TMA suggested that should TWC need to extend that period, they could do so by notifying the complainant and employer that the investigation would exceed the prescribed period.
RESPONSE: The Commission appreciates TMA's comment and agrees that investigating the allegations in a timely fashion will assist with gathering the necessary information while recollections are fresh and documentary evidence is still available. However, TWC anticipates the average investigation will take a fraction of the time suggested and that creating an artificial deadline for completion that may be waived would only serve to confuse the parties about when a matter may be fully resolved. TWC will adjust the initial notices sent to parties to expressly advise them of the need to retain necessary documents during the investigation. No changes were made in response to this comment.
COMMENT: TMA expressed concern that under the proposed rules an employer that takes an adverse action against an unvaccinated complainant for reasons other than the complainant's vaccination status could be found liable for a violation. To resolve that possibility, they suggest that the rules be revised to include a "but for" causation standard, which they assert would be consistent with the underlying statutory language.
RESPONSE: The Commission appreciates the comment and is aware of the three-part framework used in the McDonnell Douglas standard. The suggested "but for" language is primarily one used in analyzing discrimination and retaliation claims by courts and administrative tribunals faced with a lack of direct evidence of the alleged behavior. The agency will use the appropriate standard when assessing the evidence presented, which would include the suggested "but for" causation analysis where there is no direct evidence of the intent behind an adverse action. No changes were made in response to this comment.
COMMENT: THA expressed concern that the proposed rules do not offer health care providers a sufficiently clear understanding of what safety protocols or staffing decisions, based upon vaccination status, they may engage in before those decisions would be considered an "adverse action" under the rules.
RESPONSE: The Commission appreciates the comment and understands THA's desire to better understand which policies are permissible and impermissible under the statute and these rules. The Commission's present interpretation of the statute would permit a health care facility, health care provider, or physician to establish reasonable policies for employees or contractors who are not vaccinated against COVID-19. The statute also requires TWC to consult with the Department of State Health Services (DSHS) when assessing whether a policy covered by §81D.0035 is reasonable. Because TWC's assessment of a policy will be made on a case-by-case basis in consultation with DSHS, the Commission does not take a position at this time whether a policy that includes more than the use of protective medical equipment based upon the level of risk the individual presents to patients would be deemed or found to be reasonable during such a consultation. No changes were made in response to this comment.
COMMENT: THA expressed concern that the proposed rules limit the involvement of the Department of State Health Services to reviewing only those policies involving the use of personal protective equipment by unvaccinated individuals. They assert that TWC should involve the department in reviewing any policy implemented by a health care employer, which when applied to unvaccinated contractors and employees resulted in a complaint to TWC.
RESPONSE: The Commission appreciates the comment but has determined that policies that exceed the use of personal medical equipment by an employee or contractor, of a facility, provider, or physician, who is not vaccinated against COVID-19 are not permitted under Texas Health and Safety Code §81D.0035. TWC will consult with the Department of State Health Services as required by Texas Health and Safety Code §81D.004. No changes were made in response to this comment.
SUBCHAPTER A. GENERAL PROVISIONS
PART IV. STATUTORY AUTHORITY
The rules are adopted to implement Senate Bill 7, 88th Texas Legislature, Third Special Session (2023), which added Texas Health and Safety Code, Chapter 81D, Prohibited Coronavirus Virus Vaccine Mandates by Private Employer.
The rules are adopted under:
--Texas Health and Safety Code §81D.007, which provides TWC with the specific authority to adopt rules as necessary to implement and enforce Texas Health and Safety Code, Chapter 81D; 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 Texas Health and Safety Code, Chapter 81D.
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 December 10, 2024.
TRD-202405939
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: December 30, 2024
Proposal publication date: October 4, 2024
For further information, please call: (737) 301-9662
The rules are adopted to implement Senate Bill 7, 88th Texas Legislature, Third Special Session (2023), which added Texas Health and Safety Code, Chapter 81D, Prohibited Coronavirus Virus Vaccine Mandates by Private Employer.
The rules are adopted under:
--Texas Health and Safety Code §81D.007, which provides TWC with the specific authority to adopt rules as necessary to implement and enforce Texas Health and Safety Code, Chapter 81D; 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 Texas Health and Safety Code, Chapter 81D.
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 December 10, 2024.
TRD-202405940
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: December 30, 2024
Proposal publication date: October 4, 2024
For further information, please call: (737) 301-9662
The rules are adopted to implement Senate Bill 7, 88th Texas Legislature, Third Special Session (2023), which added Texas Health and Safety Code, Chapter 81D, Prohibited Coronavirus Virus Vaccine Mandates by Private Employer.
The rules are adopted under:
--Texas Health and Safety Code §81D.007, which provides TWC with the specific authority to adopt rules as necessary to implement and enforce Texas Health and Safety Code, Chapter 81D; 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 Texas Health and Safety Code, Chapter 81D.
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 December 10, 2024.
TRD-202405941
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: December 30, 2024
Proposal publication date: October 4, 2024
For further information, please call: (737) 301-9662
The rules are adopted to implement Senate Bill 7, 88th Texas Legislature, Third Special Session (2023), which added Texas Health and Safety Code, Chapter 81D, Prohibited Coronavirus Virus Vaccine Mandates by Private Employer.
The rules are adopted under:
--Texas Health and Safety Code §81D.007, which provides TWC with the specific authority to adopt rules as necessary to implement and enforce Texas Health and Safety Code, Chapter 81D; 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 Texas Health and Safety Code, Chapter 81D.
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 December 10, 2024.
TRD-202405942
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: December 30, 2024
Proposal publication date: October 4, 2024
For further information, please call: (737) 301-9662