TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 20. TEXAS WORKFORCE COMMISSION

CHAPTER 800. GENERAL ADMINISTRATION

SUBCHAPTER N. REPORTING WORKPLACE VIOLENCE

40 TAC §800.600

The Texas Workforce Commission (TWC) adopts the following new subchapter to Chapter 800, relating to General Administration:

Subchapter N. Reporting Workplace Violence, §800.600

New Subchapter N Reporting Workplace Violence, §800.600, is adopted without changes to the proposal, as published in the October 20, 2023, issue of the Texas Register (48 TexReg 6201), and, therefore, the adopted rule text will not be published.

PART I. PURPOSE, BACKGROUND, AND AUTHORITY

The purpose of the Chapter 800 rule change is to establish rules as required by House Bill (HB) 915, 88th Texas Legislature, Regular Session (2023), which added Chapter 104A to the Texas Labor Code. HB 915 requires employers to post a notice to employees providing contact information so that employees can anonymously report their concerns regarding workplace violence or suspicious activities to the Texas Department of Public Safety.

PART II. EXPLANATION OF INDIVIDUAL PROVISIONS

SUBCHAPTER N. REPORTING WORKPLACE VIOLENCE

The Commission adopts new Subchapter N as follows:

New Subchapter N, regarding reporting workplace violence, provides rules regarding the form and content of a reporting workplace violence poster as required by HB 915 and Texas Labor Code Chapter 104A.

§800.600. Reporting Workplace Violence

New §800.600 prescribes the form and content of a reporting workplace violence poster as required by HB 915 and Texas Labor Code Chapter 104A.

TWC hereby certifies that the final rule 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 closed on November 20, 2023. No comments were received.

PART IV. STATUTORY AUTHORITY

The rule is adopted under Texas Labor Code §104A.003, as enacted by House Bill 915, 88th Texas Legislature, Regular Session (2023), which provides TWC authority to prescribe the form and content of the notice required under Texas Labor Code Chapter 104A.

The adopted rule affects Title 3, Texas Labor Code, particularly Chapter 104A.

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 19, 2023.

TRD-202304891

Les Trobman

General Counsel

Texas Workforce Commission

Effective date: January 8, 2024

Proposal publication date: October 20, 2023

For further information, please call: (512) 850-8356