PART 12. TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
CHAPTER 367. CONTINUING EDUCATION
The Texas Board of Occupational Therapy Examiners adopts amendments to 40 Texas Administrative Code §367.1, Continuing Education; §367.2, Categories of Education; and §367.3, Continuing Education Audit. The amendments are adopted to revise current continuing education requirements, including to update requirements and assist the board in ensuring that continuing education activities taken for license renewal ensure the health, safety, and welfare of the public and directly concern occupational therapy. The amendments are also adopted to enhance the clarity of the requirements contained in and the general consistency of the chapter, to further refine the requirements for continuing education activities to ensure that relevant documentation is required and that licensees have complied with continuing education requirements, and to ensure that continuing education documentation is adequately retained. In tandem with the changes, the general structure of the sections has been reorganized for clarity. The amendments to §367.1 is adopted without changes and the amendments to §367.2 and §367.3 are adopted with changes to the proposed text as published in the February 23, 2024, issue of the Texas Register (49 TexReg 996). The amendments will be republished. The changes are to add "for" to §367.2(b)(5)((B)(i) before "each hour" and "the" to §367.3.(c) before "expiration month."
The amendments to the sections include changes to redefine acceptable continuing education activities. The revisions enumerate two general types of acceptable activities, which are eligible for continuing education credit: those that are pre-approved for continuing education credit and other activities that meet further requirements in Chapter 367, Continuing Education, of the board rules. These two types of activities generally correspond to those that are currently eligible for continuing education credit.
The amendments to §367.1, Continuing Education, relocate and centralize general continuing education requirements in the section for the two subtypes of pre-approved continuing education activities, which include up to two hours of a human trafficking training course approved by the Texas Health and Human Services Commission (HHSC) and activities approved or offered by the American Occupational Therapy Association (AOTA) or the Texas Occupational Therapy Association (TOTA). These preapproved activities are those that currently exist in the chapter. For clarification, the amendments also add information that addresses the conversion of AOTA continuing education units to hours or contact hours, as licensees attest to their continuing education in terms of hours or contact hours when renewing, and add clarifying information concerning documentation requirements for a required human trafficking training course. The amendments also relocate information from §367.3, Continuing Education Audit, concerning general documentation requirements to §367.1 so such is collocated with the requirements for the preapproved activities described therein. Furthermore, the amendments include the addition of a provision noting that a human trafficking training course approved or offered by AOTA or TOTA may not be used to satisfy the human trafficking training requirement unless it is also approved by the Texas Health and Human Services Commission, as described under that subsection. This addition reinforces requirements concerning the human trafficking training requirements in the current section.
The amendments to the chapter, concomitantly include revisions that revise the requirements for those activities that fall under this second type of acceptable continuing education, namely, other acceptable activities, which are not preapproved, but that meet further requirements of the chapter and may be counted for continuing education. The amendments concentrate the requirements specific to this type of continuing education in the renamed §367.2, Other Acceptable Activities, and the opening provision of the amended §367.2 clarifies that activities that are pre-approved do not need to meet the additional requirements contained in the section.
The amendments to §367.2 revise the criteria for the content that these other acceptable activities must concern and revise the activities considered unacceptable for continuing education. Such changes will help to ensure that professional development activities taken for license renewal ensure the health, safety, and welfare of the public and directly concern occupational therapy.
The amendments to the section also clarify that these activities must fall under the acceptable categories of continuing education, which include varied categories such as those related to courses, the supervision of students completing their occupational therapy education, the publication of materials, and other activity types.
The revised §367.2 contains the same categories of continuing education as currently contained in the section. The current board rules, likewise, include that such activities must concern acceptable content, described in the current rules under the definition of continuing education, not be an unacceptable activity, and fall under such categories of activities, though related revisions have been made to these requirements in the amendments.
The requirements for the categories of education in §367.2 have also been revised for clarification and to clean up the text and increase its consistency.
The amendments to §367.2, for example, include the restructuring of the category concerning the supervision of students to clarify the requirements of the category, in general, and to include an hourly breakdown of possible CE credit for certain types of supervision, rather than just expressing such in terms of weeks.
Like the amendments to §367.1, Continuing Education, the amendments to §367.2 also include for clarification the relocation of certain information concerning documentation from §367.3, Continuing Education, to those areas of the section that concern the corresponding activity types.
The amendments to §367.2 include further changes to certain categories to ensure that relevant documentation is required and contains necessary identifying information, such as that related to names of licensees and information concerning providers, and that licensees have complied with requirements. Such changes, for example, include adding language that ensures that the section articulates that documentation of fieldwork supervision identify the licensee by name and include information concerning the authorized signer, information that already typically appears on such documentation, and that when a supervisor shares a student with another individual, the supervisor include an attestation addressing the dates of supervision provided.
The amendments to the section also include the removal of the category concerning the AOTA Benchmark as access to the activity has been indefinitely suspended by AOTA.
The amendments to §367.3, Continuing Education, in addition to, as noted, relocating for clarity certain information from the section to other sections of the chapter, also include further changes to increase the retention period for continuing education documentation. Increasing the retention period will help ensure that licensees are required to retain documentation for a sufficient period of time that may substantiate, when applicable, that specific activities were not counted more frequently than allowed by board rules.
Public comment from CE Broker by Propelus was received regarding the proposed amendments. CE Broker was neither for nor against the adoption and addressed what it referred to as the modernization of audit processes nationwide and in Texas. CE Broker urged the Board to modernize continuing education processes, including by digitizing continuing education audits, and noted that licensees do not deserve to be penalized for misunderstanding requirements, losing a certificate, or missing a notice letter in the mail related to an audit.
The Board disagrees with CE Broker's comment. The Board's audit process is designed to assess the CE compliance of licensees specifically with regard to Chapter 367 of the Board Rules. Licensees may select CE activities from a number of categories, including from a category concerning courses, and may take courses from any provider, provided such meet requirements. Licensees are responsible for retaining the required documentation of their CE activities and ensuring such meets the requirements for the specific category of CE under which such fall. The Board's audit process is adaptable and does not restrict licensees to submitting their documentation through a specific external entity or in a specific manner. The audit process is almost entirely paperless, allowing licensees to submit by paper items as needed, which are then subsequently digitized. The agency contacts licensees through a variety of means, reducing the likelihood of missing an audit notice letter. Further, the agency gives licensees an opportunity to respond before initiating any disciplinary action. The Board strives to implement a CE process that is modernized, adaptable, and customized to its specific licensing population and regulations.
The amendments are adopted under Texas Occupations Code §454.102, Rules, which authorizes the Board to adopt rules to carry out its duties under Chapter 454, and adopted under Texas Occupations Code §454.254, Mandatory Continuing Education, which authorizes the Board to assess the continuing education needs of license holders, establish a minimum number of hours of continuing education required to renew a license, and develop a process to evaluate and approve continuing education courses.
No other statutes, articles, or codes are affected by these amendments.
§367.2.Other Acceptable Activities.
(a) Except for the pre-approved activities described under §367.1(d)(1) of this title (relating to Continuing Education), in order to be eligible for continuing education, activities must meet the following requirements.
(1) Acceptable Content. Activities must be professional development activities that ensure the health, safety, and welfare of the public and directly concern the maintenance or enhancement of knowledge and proficiencies relevant to occupational therapy practice or the pedagogy, education, ethics, or theory development of occupational therapy.
(2) Categories of Activities. Activities must fall under one or more of the categories described under subsection (b) of this section (relating to Categories of Other Acceptable Activities).
(3) Unacceptable Activities. Activities may not be unacceptable activities. Unacceptable professional development activities not eligible for continuing education include but are not limited to:
(A) Any non-instructional time frames such as breaks, meals, introductions, and pre/post testing.
(B) Business meetings.
(C) Exhibit hall attendance.
(D) Activities that provide information about the work setting's philosophy, policies, or procedures or educate employees about a specific work setting.
(E) Activities that concern business development, general professional behaviors/standards, or customer service.
(F) Activities that concern the self-promotion of the provider's or licensee's programs, products, or services.
(G) Activities that concern general topics such as social work; defensive driving; water safety; team building; Graduate Record Examinations (GRE)®, Graduate Management Admissions Test™ (GMAT), and Medical College Admission Test® (MCAT) preparation; general foreign languages; disposal of hazardous waste; patient privacy/rights or abuse of patients; cardiopulmonary resuscitation (CPR); First Aid; Health Insurance Portability and Accountability Act (HIPAA); and Family Educational Rights and Privacy Act (FERPA).
(b) Categories of Other Acceptable Activities.
(1) Formal Academic Courses from an Occupational Therapy Program.
(A) Completion of course work at or through an accredited college or university. No maximum. 3 contact hours for each credit hour of a course with a grade of A, B, C, or P (Pass). Examples: A 3 credit course counts for 9 contact hours and a 4 credit course counts for 12 contact hours. Documentation shall include a transcript from the accredited college or university. Documentation must include the name of the licensee, accredited college or university, and program and the titles, number of credit hours, and dates of the courses. When semesters are listed on the documentation instead of dates, it must be accompanied by documentation from the accredited college or university showing the dates of the semesters.
(B) Development of a course or courses at or through an accredited college or university may be counted for up to a maximum of 10 contact hours. Documentation shall include a letter from the Program Director that attests to the licensee's development of the course and includes the name of the school, academic program, and course and the name and signature of the Program Director, and an attestation by the licensee of the dates and duration of the development activities completed.
(2) Courses or Training Programs. CE credit may be earned for in-service educational programs, training programs, institutes, seminars, workshops, facility-based courses, internet-based courses, conference sessions, and home-study courses with specified learning objectives. Hour for hour credit on program content only, no maximum. Documentation shall include a certificate of completion, letter of verification, transcript, or sign-in/attendance sheet. Documentation must identify the licensee by name and include the date and title of the activity; the name of the authorized signer; either the signature of the authorized signer or the official seal, letterhead, or logo of the authorized signer if an area designated for a signature is not included; and the number of hours or contact hours awarded for the activity. When the documentation lists a unit of credit other than hours or contact hours, such as continuing education units (CEUs), professional development units (PDUs), or other units or credits, it must be accompanied by documentation from the continuing education provider noting the equivalence of the units or credits in terms of hours or contact hours.
(3) Development of Publications or Software, or Grant/Research Activities. Documentation shall include an attestation by the licensee of the dates and duration of the development or grant/research activities completed. For publications/software, documentation shall also include a copy of the actual publication/software or a letter of verification documenting acceptance for publication or distribution. For grant/research proposals, documentation shall also include the title page and receipt of proposal.
(A) Scholarly Works in Peer-Reviewed Journals.
(i) Primary or second author, up to a maximum of 15 contact hours.
(ii) Other author, consultant, reviewer, or editor, up to a maximum of 5 contact hours.
(B) Grant or Research Proposals Accepted for Consideration.
(i) Principal investigator or co-principal investigator, up to a maximum of 10 contact hours.
(ii) Consultant or reviewer, up to a maximum of 4 contact hours.
(C) Books.
(i) Primary author or book editor, up to a maximum of 15 contact hours.
(ii) Second or other author, up to a maximum of 7 contact hours.
(iii) Consultant or reviewer, up to a maximum of 5 contact hours.
(D) Book Chapters or Monographs.
(i) Primary author, up to a maximum of 7 contact hours.
(ii) Second or other author, consultant, reviewer, or editor, up to a maximum of 2 contact hours.
(E) Author, Consultant, Reviewer, or Editor of other Practice Related Publications such as Newsletters, Blogs, and Trade Magazines. Up to a maximum of 2 contact hours.
(F) Developer of Practice Related or Instructional Software Designed to Advance the Professional Skills of Others (not for proprietary use). Up to a maximum of 15 contact hours.
(4) Presentations by Licensee. Documentation shall include verification of presentation and must identify the presenter by name and include the date, title, and number of hours of the presentation; the type of presentation (e.g., 2 hour poster, 3 hour workshop); the name of the authorized signer; and either the signature of the authorized signer or the official seal, letterhead, or logo of the authorized signer if an area designated for a signature is not included. Any presentation may be counted only once.
(A) Professional Presentations, e.g. in-services, workshops, institutes. Hour for hour credit. Up to a maximum of 10 contact hours.
(B) Community/Service Organization Presentations. Hour for hour credit. Up to a maximum of 10 contact hours.
(C) The development of professional presentations and community/service organization presentations may be counted toward the maximum credit available for the presentation type. Documentation shall include an attestation by the licensee of the development activities completed, including the date and duration of each. The development of any presentation may be counted only once.
(5) Supervision of Students completing an Accredited Educational Program or Re-Entry Course. Up to a maximum of 10 contact hours may be earned for student supervision per renewal period.
(A) Fieldwork Level 1 and 2 Supervision.
(i) Supervision of Level 1 Fieldwork Students. Up to a maximum of .025 contact hours may be earned for each hour of supervision provided to a student. Examples: A licensee may earn up to a maximum of 1 contact hour for 40 hours or 2 contact hours for 80 hours of supervision provided to a student.
(ii) Supervision of Level 2 Fieldwork Students.
(I) Up to a maximum of .75 contact hours may be earned for each week of supervision provided to a student. Examples: A licensee may earn up to a maximum of 6 contact hours for 8 weeks or 9 contact hours for 12 weeks of supervision provided to a student.
(II) Licensees may divide credit for a fieldwork rotation with another supervisor based on the supervision provided by each.
(iii) Documentation shall include verification provided by the school and must identify the licensee by name and include the name of the student and school; level of fieldwork; dates of fieldwork, in addition to total hours for Level 1 students; the name of the authorized signer; and either the signature of the authorized signer or the official seal, letterhead, or logo of the authorized signer if an area designated for a signature is not included. Documentation for a licensee who divides a fieldwork rotation shall also include an attestation by the licensee of the dates of supervision.
(B) Student Project Supervision.
(i) Up to a maximum of .025 contact hours may be earned for each hour of supervision provided to a student completing a supervised project for the accredited educational program. Examples: A licensee may earn up to a maximum of 1 contact hour for 40 hours or 2 contact hours for 80 hours of supervision provided to a student.
(ii) Documentation shall include the following:
(I) verification provided by the school. The documentation must identify the licensee by name and include the name of the student, school, and academic program; dates of the semester for which the project was completed; the name of the authorized signer; and either the signature of the authorized signer or the official seal, letterhead, or logo of the authorized signer if an area designated for a signature is not included; and
(II) an attestation signed by the licensee and the student or school attesting to the dates and hours of supervision and the activities completed.
(C) Supervision of Students completing Fieldwork for a Re-Entry Course through an Accredited College or University.
(i) Up to a maximum of .75 contact hours may be earned for each week of supervision provided to a student. Examples: A licensee may earn up to a maximum of 3 contact hours for 4 weeks or 6 contact hours for 8 weeks of supervision provided to a student.
(ii) Licensees may divide credit for a fieldwork rotation with another supervisor based on the supervision provided by each.
(iii) Documentation shall include verification provided by the school and must identify the licensee by name and include the name of the student, school, and re-entry program; the dates and total hours of the fieldwork; the name of the authorized signer; and either the signature of the authorized signer or the official seal, letterhead, or logo of the authorized signer if an area designated for a signature is not included. Documentation for a licensee who divides a fieldwork rotation shall also include an attestation by the licensee of the dates of supervision.
(6) Mentorship.
(A) Participation as a mentor or mentee for the purpose of the development of occupational therapy skills by a mentee under the guidance of a mentor skilled in a particular occupational therapy area. Both the mentor and mentee must hold a regular OT or OTA license in a state or territory of the U.S.
(B) Documentation shall include a signed mentorship agreement between a mentor and mentee that outlines specific goals and objectives and designates the plan of activities that are to be met by the mentee; the names of both mentor and mentee and their license numbers and issuing states; an activity log that corresponds to the mentorship agreement and lists dates and hours spent on each objective-based activity; a final evaluation of the outcomes of the mentorship agreement completed by the mentor; and a final evaluation of the outcomes of the mentorship agreement completed by the mentee.
(C) Participation as a Mentee. 1 contact hour may be earned for each 3 hours spent on activities as a mentee directly related to the achievement of goals and objectives up to a maximum of 15 contact hours.
(D) Participation as Mentor. 1 contact hour may be earned for each 5 hours spent on activities as a mentor up to a maximum of 10 contact hours.
(7) Volunteer Activities for Published Outcomes. CE credit may be earned for participation in volunteer activities related to occupational therapy, including service on a committee, board, or commission of a state occupational therapy association, AOTA, or NBCOT, for the purpose of tangible, published outcomes, not for proprietary use, such as official documents, publications, and official reports. Up to a maximum of 10 contact hours. Documentation shall include an attestation by the licensee of the activities, including the date and duration of each, in addition to a copy of the actual publication or official document/report that reflects the licensee's name or verification from the entity attesting to the individual's contribution. A verification must include the name of the authorized signer and either the signature of the authorized signer or the official seal, letterhead, or logo of the authorized signer if an area designated for a signature is not included.
(8) NBCOT Navigator® Activities. CE credit may be earned for the completion of NBCOT Navigator activities. For such activities, 1 NBCOT CAU is the equivalent of 1 contact hour. No maximum. Documentation is a certificate of completion or letter of verification. Documentation must identify the licensee by name and include the date and title of the activity; the name of the authorized signer; either the signature of the authorized signer or the official seal, letterhead, or logo of the authorized signer if an area designated for a signature is not included; and the number of hours, contact hours, or CAUs awarded for the activity. When the documentation lists a unit of credit other than hours, contact hours, or CAUs, such as continuing education units (CEUs), professional development units (PDUs), or other units or credits, it must be accompanied by documentation from NBCOT noting the equivalence of the units or credits in terms of hours or contact hours. Self-reflections and self-assessments, reading list and research portal activities, professional development plans, or similar activities are not eligible for CE credit.
(9) Independent Studies. Up to a maximum of 10 contact hours may be earned for the completion of independent studies of published materials. Hour for hour credit on the completion of objective-based activities comprised of the listening to or the reading or viewing of materials. Documentation shall include a study plan outlining the specific goals and objectives of the study and an activity log corresponding to such with the dates and hours spent on each objective-based activity; the titles, publication dates, and media types (ex: journal article, book, video) of the materials; a synopsis of the materials and their implications for occupational therapy; and a final evaluation of the outcomes of the study.
(10) Any deviation from the continuing education categories will be reviewed on a case by case basis by the Coordinator of Occupational Therapy or by the Continuing Education Committee. A request for special consideration must be submitted in writing a minimum of 60, though no more than 270, days prior to expiration of the license.
§367.3.Continuing Education Audit.
(a) The Board shall select for audit a random sample of licensees. The audit will cover a period for which the licensee has already completed the continuing education requirement.
(b) Licensees randomly selected for the audit must provide to the Board appropriate documentation within 30 days of notification.
(c) The licensee is solely responsible for keeping accurate documentation of all continuing education requirements. Continuing education documentation must be maintained for auditing purposes for four years from the end of the expiration month of the corresponding renewal period or for a late renewal or a restoration, for four years from the end of the month when the late renewal or restoration was completed.
(d) Knowingly providing false information or failure to respond during the audit process or the renewal process is grounds for disciplinary action.
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 May 6, 2024.
TRD-202402024
Ralph A. Harper
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: June 1, 2024
Proposal publication date: February 23, 2024
For further information, please call: (512) 305-6900
CHAPTER 702. GENERAL ADMINISTRATION
SUBCHAPTER B. AGENCY RECORDS AND INFORMATION
The Department of Family and Protective Services (DFPS) adopts new §702.223 in the Texas Administrative Code, Title 40, Part 19, Chapter 702, Subchapter B, relating to Agency Records and Information. The new rule is adopted without changes to the proposed text published in the March 29, 2024, issue of the Texas Register (49 TexReg 2052) and will not be republished.
BACKGROUND AND JUSTIFICATION
The new rule §702.223 is required by House Bill 63 of the Texas 88th Regular legislative session (2023) and directs DFPS to adopt rules concerning employee access to the identity of an individual who reports child abuse and neglect.
Under adopted rule §702.223, only certain DFPS and SSCC employees are allowed access to the identity of an individual who makes a report of child abuse or neglect. Subsection (a)(1) allows access to a reporter's identity if the employee is directly involved with an investigation, case, or other process involving the child who is the subject of the report or the child's parent or the person who has legal custody of the child. Subsection (a)(2) allows access to a reporter's identity if the employee supervises, directly or indirectly an employee described in subsection (a)(1) of this section. Lastly, Subsection (a)(3) allows access to a reporter's identity if the employee has a legitimate professional interest in an investigation, case, or other process involving the child who is the subject of the report or the child's parent or other person who has legal custody of the child that requires access to the reporter's identity. Subsection (b) defines that "other process" includes but is not limited to quality assurance, locating a missing child, new and ongoing training of DFPS or SSCC staff, and necessary technical support to maintain or update the case management system. Finally, under subsection (c) a reporter's identity is confidential and may only be disclosed if waived in writing by the individual making the report, as provided by Texas Family Code §261.201, or to a law enforcement officer for the purposes of conducting a criminal investigation of the report.
COMMENTS
The 30-day comment period ended April 28, 2024. During this period, DFPS did not receive any comments regarding the new rule.
STATUTORY AUTHORITY
The new rule §702.223 is authorized pursuant to Texas Human Resources Code §40.027, which provides that the DFPS Commissioner shall adopt rules for the operation and provision of services by the agency, and pursuant to Texas Family Code §261.201(n), which directs DFPS to adopt rules concerning employee access to the identity of a reporter who makes a report of child abuse or neglect.
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 May 2, 2024.
TRD-202401970
Quyona Gregg
Senior Policy Advisor
Department of Family and Protective Services
Effective date: May 22, 2024
Proposal publication date: March 29, 2024
For further information, please call: (512) 929-6633
SUBCHAPTER A. INVESTIGATIONS
DIVISION 1. INTAKE, INVESTIGATION AND ASSESSMENT
The Department of Family and Protective Services (DFPS) adopts amendments to 40 TAC §707.489, relating to Child Protective Services Intake, Investigation, and Assessment. The amendments are adopted without changes to the proposed text published in the March 29, 2024, issue of the Texas Register (49 TexReg 2054), and will not be republished.
BACKGROUND AND JUSTIFICATION
The new rule section §707.489(c)(1)(D) is required by House Bill 63 of the Texas 88th Regular legislative session (2023) and clarifies that investigation tasks performed on anonymous reports pursuant to Texas Family Code §261.304(a) are only those reports that are referred to DFPS by local or state law enforcement.
Adopted rule section 707.489(c)(1)(D) clarifies that tasks performed on anonymous reports pursuant to Texas Family Code §261.304(a) are those reports that are referred to DFPS by local or state law enforcement.
COMMENTS
The 30-day comment period ended April 28, 2024. During this period, DFPS did not receive any comments regarding the new rule amendment.
STATUTORY AUTHORITY
The new amendment to section 707.489(c)(1)(D) is authorized pursuant to Texas Human Resources Code §40.027.
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 May 2, 2024.
TRD-202401971
Quyona Gregg
Senior Policy Attorney
Department of Family and Protective Services
Effective date: May 22, 2024
Proposal publication date: March 29, 2024
For further information, please call: (512) 929-6633
CHAPTER 811. CHOICES
The Texas Workforce Commission (TWC) adopts amendments to the following sections of Chapter 811, relating to Choices:
Subchapter A. General Provisions, §§811.1 - 811.5
Subchapter B. Choices Services Responsibilities, §§811.11, 811.13, and 811.14
Subchapter C. Choices Services, §811.22 and §811.30
Subchapter D. Choices Activities, §811.50
Subchapter E. Support Services and Other Initiatives, §811.65 and §811.66
Amended §§811.1 - 811.5, 811.11, 811.13, 811.14, 811.22, 811.30, 811.50, 811.65, and 811.66 are adopted without changes to the proposal, as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1443), and, therefore, the adopted rule text will not be published.
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the Chapter 811 rule change is to update rule language to conform with present terminology, update definitions to conform with federal statute and regulations under the Social Security Act and Title 45 of the Code of Federal Regulations (CFR), and update Temporary Assistance for Needy Families (TANF) purpose statements to conform with federal regulations.
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:
§811.1. Purpose and Goal
Section 811.1(a)(3) updates one of the TANF purposes to align with current language found in Title IV, Social Security Act, §401.
Section 811.1(c) is amended to change "Texas Workforce Commission" to "Agency."
§811.2. Definitions
Section 811.2(18) amends the definition of secondary school to replace "GED" with "high school equivalency."
Section 811.2(20) is amended to replace "TWIST" with "the TWC case management system. The TWIST case management system is being replaced."
Section 811.2(23) is amended to align the definition of "Work-eligible individual" with the definition of "Work-eligible individual" in CFR Title 45, Subtitle B, Chapter II, Part 261.
Section 811.2(26)(D), is amended to replace "GED" with "high school equivalency."
§811.3. Choices Service Strategy
Section 811.3(b)(2)(B) is amended to change "One-Stop Service Delivery Network" to "One-Stop Service Delivery System."
§811.4. Policies, Memoranda of Understanding, and Procedures
Section 811.4(b)(1) is amended to refer to the current eligible training system and Chapter 840 of this title.
Section 811.4(d)(1) is amended to change "One-Stop Service Delivery Network" to "One-Stop Service Delivery System."
§811.5. Documentation, Verification, and Supervision of Work Activities
Section 811.5(a), (c), and (d) are amended to replace "TWIST" with "the TWC case management system."
Section 811.5(d) is amended to replace "GED" with "high school equivalency."
SUBCHAPTER B. CHOICES SERVICES RESPONSIBILITIES
TWC adopts the following amendments to Subchapter B:
§811.11. Board Responsibilities
Section 811.11(a) is amended to change "One-Stop Service Delivery Network" to "One-Stop Service Delivery System."
Section 811.11(f) and (h) are amended to replace "TWIST" with "the TWC case management system."
§811.13. Responsibilities of Choices Participants
Section 811.13(c)(3) is amended to change "Commission's" to "Agency's."
§811.14. Noncooperation
Section 811.14(e) is amended to replace "TWIST" with "the TWC case management system."
SUBCHAPTER C. CHOICES SERVICES
TWC adopts the following amendments to Subchapter C:
§811.22. Assessment
Section 811.22(a)(1)(B) and (e) are amended to replace "GED" with "high school equivalency."
Section 811.22(b)(5) changes "substance abuse" to "substance use that impairs daily life" to align with the new universal needs assessment provided in the new case management system.
Section 811.22(e)(1)(B) is amended to replace "literacy level" with "functional educational level" to align with Human Resources Code, Title 2, Subtitle C, Chapter 31, Subchapter A, Section 31.0065(f)(1).
§811.30. Special Provisions for Teen Heads of Household
Section 811.30(a) and (b) are amended to replace "GED" with "high school equivalency."
SUBCHAPTER D. CHOICES ACTIVITIES
TWC proposes the following amendments to Subchapter D:
§811.50. Educational Services for Choices Participants Who Have Not Completed Secondary School or Received a General Educational Development Credential
Section 811.50 is amended to rename the section "Educational Services for Choices Participants Who Have Not Completed Secondary School or Received a High School Equivalency Credential."
Section 811.50(a) is amended to replace "GED" with "high school equivalency."
SUBCHAPTER E. SUPPORT SERVICES AND OTHER INITIATIVES
TWC adopts the following amendments to Subchapter E:
§811.65. Wheels to Work
Section 811.65(a) is amended to change "Commission" to "Agency."
§811.66. General Educational Development Credential Testing Payments
Section 811.66 is amended to rename the section "High School Equivalency Credential Testing Payments."
Section 811.66 is amended to replace "GED" with "high school equivalency."
PART III. PUBLIC COMMENTS
The public comment period closed on April 8, 2024. No comments were received.
SUBCHAPTER A. GENERAL PROVISIONS
PART IV. STATUTORY AUTHORITY
The rules are adopted under Texas Labor Code §301.0015 and §302.002(d), which provide TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
The adopted rules make changes to the implementation of the Temporary Assistance for Needy Families and Choices programs to conform with statute and regulations under Title IV, Social Security Act, and Title 45, CFR.
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 30, 2024.
TRD-202401911
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: May 20, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 850-8356
40 TAC §§811.11, 811.13, 811.14
The rules are adopted under Texas Labor Code §301.0015 and §302.002(d), which provide TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
The adopted rules make changes to the implementation of the Temporary Assistance for Needy Families and Choices programs to conform with statute and regulations under Title IV, Social Security Act, and Title 45, CFR.
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 30, 2024.
TRD-202401912
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: May 20, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 850-8356
The rules are adopted under Texas Labor Code §301.0015 and §302.002(d), which provide TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
The adopted rules make changes to the implementation of the Temporary Assistance for Needy Families and Choices programs to conform with statute and regulations under Title IV, Social Security Act, and Title 45, CFR.
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 30, 2024.
TRD-202401913
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: May 20, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 850-8356
The rule is adopted under Texas Labor Code §301.0015 and §302.002(d), which provide TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
The adopted rule makes changes to the implementation of the Temporary Assistance for Needy Families and Choices programs to conform with statute and regulations under Title IV, Social Security Act, and Title 45, CFR.
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 30, 2024.
TRD-202401914
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: May 20, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 850-8356
The rules are adopted under Texas Labor Code §301.0015 and §302.002(d), which provide TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
The adopted rules make changes to the implementation of the Temporary Assistance for Needy Families and Choices programs to conform with statute and regulations under Title IV, Social Security Act, and Title 45, CFR.
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 30, 2024.
TRD-202401915
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: May 20, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 850-8356
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Workforce Commission (TWC) adopts amendments to the following section of Chapter 843, relating to Job Matching Services:
Subchapter A. General Provisions, §843.2
Amended §843.2 is adopted without changes to the proposal, as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1452), and, therefore, the adopted rule text will not be published.
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the Chapter 843 rule change is to amend references to "Veteran Preference for Public Employment" to "Military Employment Preference" in accordance with changes to Texas Government Code Chapters 656 and 657 resulting from the passage of Senate Bill (SB) 1376 by the 88th Texas Legislature, Regular Session (2023).
SB 1376 expands the categories of eligibility for military employment preference, formerly known as "veterans preference." The expanded eligibility provides military employment preference to spouses of active members of the United States armed forces or Texas National Guard, as well as spouses of veterans where the spouse is the primary source of income for the household.
Texas Government Code §2001.039 requires that every four years each state agency review and consider for readoption, revision, or repeal each rule adopted by that agency. TWC has conducted a rule review of Chapter 843, Job Matching Services, and any changes are described in Part II of this preamble.
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:
§843.2. Public Employer Requirements Regarding Veterans Preference
Section 843.2 is amended to change "veterans preferences" to "military employment preferences." The section title is also amended to change Public Employer Requirements Regarding Veterans Preference to Public Employer Requirements Regarding Military Employment Preference.
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 April 8, 2024. No comments were received.
PART IV. STATUTORY AUTHORITY
The rules are adopted under:
--Texas Government Code §657.009(c), which provides TWC with the specific authority to adopt rules to facilitate the exchange of employment information between state agencies and individuals entitled to military preference; 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 implement changes made to Texas Government Code Chapters 656 and 657 by SB 1376 of the 88th Texas Legislature, Regular Session (2023).
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 30, 2024.
TRD-202401916
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: May 20, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 850-8356