PART 20. TEXAS WORKFORCE COMMISSION
CHAPTER 813. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM EMPLOYMENT AND TRAINING
The Texas Workforce Commission (TWC) adopts amendments to the following sections of Chapter 813, relating to Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T):
Subchapter A. General Provisions, §§813.1, 813.2, and 813.5
Subchapter D. Allowable Activities, §813.32
Amended §§813.1, 813.2, 813.5, and 813.32 are adopted without changes to the proposal, as published in the February 16, 2024, issue of the Texas Register (49 TexReg 849), and, therefore, the adopted rule text will not be published.
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the Chapter 813 rule change is to amend rule language to conform with SNAP provisions of the Fiscal Responsibility Act of 2023, revise references to the case management system, and update the allowable activities for able-bodied adults without dependents (ABAWDs).
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 assessed whether the reasons for adopting the rules in Chapter 813 continue to exist. TWC finds that the chapter is needed and that the reasons for adopting the chapter continue to exist. TWC, therefore, readopts the rules in Chapter 813, Supplemental Nutrition Assistance Program Employment and Training.
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:
§813.1. Purpose
Section 813.1 updates the SNAP purpose to align with the Fiscal Responsibility Act of 2023.
§813.2. Definitions
Section 813.2 extends the age range of ABAWDs to align with the Fiscal Responsibility Act of 2023.
§813.5. Documentation, Verification, and Supervision of Work Activities
Section 813.5 updates language related to TWC's case management system.
SUBCHAPTER D. ALLOWABLE ACTIVITIES
TWC adopts the following amendments to Subchapter D:
§813.32. SNAP E&T Activities for ABAWDs
Section 813.32 adds work experience as an allowable activity for ABAWDs.
PART III. PUBLIC COMMENTS
The public comment period closed on March 18, 2024. No comments were received.
SUBCHAPTER A. GENERAL PROVISIONS
PART IV. STATUTORY AUTHORITY
The adopted rules implement provisions of the federal Fiscal Responsibility Act of 2023 by making conforming changes to TWC rules regarding Supplemental Nutrition Assistance Program Employment and Training.
The rules are adopted under 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 adopted rules relate to Title 4, Texas Labor Code, Chapter 302, and Title 10, Texas Government Code, Chapter 2308.
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 16, 2024.
TRD-202401606
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: May 6, 2024
Proposal publication date: February 16, 2024
For further information, please call: (512) 850-8356
The rule is adopted under 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 adopted rule relates to Title 4, Texas Labor Code, Chapter 302, and Title 10, Texas Government Code, Chapter 2308.
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 16, 2024.
TRD-202401607
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: May 6, 2024
Proposal publication date: February 16, 2024
For further information, please call: (512) 850-8356
The Texas Workforce Commission (TWC) adopts amendments to the following sections of Chapter 853, relating to Independent Living Services for Older Individuals Who Are Blind:
Subchapter A. Independent Living Services for Older Individuals Who Are Blind, §§853.1 - 853.6
Subchapter B. Services, §853.10
Subchapter C. Customer Financial Participation, §853.21
Subchapter D. Case Documentation, §853.30
Subchapter E. Customer's Rights, §853.40
Amended §§853.3, 853.4, 853.10, and 853.30 are adopted without changes to the proposal, as published in the January 5, 2024, issue of the Texas Register (49 TexReg 29), and, therefore, the adopted rule text will not be published.
Amended §§853.1, 853.2, 853.5, 853.6, 853.21, and 853.40 are adopted with changes to the proposal, as published in the January 5, 2024, issue of the Texas Register (49 TexReg 29), and, therefore, the adopted rule text will be published.
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the Chapter 853 rule change is to amend eligibility for the OIB program, clarify language for consistency purposes, and complete its statutorily required four-year 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 853, Independent Living Services for Older Individuals Who Are Blind, and readopts 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. Independent Living Services for Older Individuals Who Are Blind
TWC adopts amendments to Subchapter A, as follows:
§853.1. Definitions
Section 853.1 is amended to remove references to Independent Living Services (ILS) and add definitions for "Older Individuals Who are Blind (OIB)" and "significant visual impairment." Subsequent paragraphs are renumbered.
At adoption, TWC amended §853.1 to correct the name of TWC's Vocational Rehabilitation Division.
At adoption, TWC amended §853.1 to add the Texas Register relating to reference.
§853.2. Referral
Section 853.2 is amended to remove a reference to ILS, add additional referral sources, and to more clearly describe the referral process.
At adoption, TWC amended §853.2(c) to change "referral only" to "minimal services successful closure" to make the language consistent with program terminology and other amendments within this section and this chapter.
§853.3. Accessible Communication
Section 853.3 is amended to remove references to ILS.
§853.4. Application
Section 853.4 is amended to more clearly describe the application process.
§853.5. Eligibility
Section 853.5 is amended to remove a reference to ILS and add "significant visual impairment" to the eligibility criteria.
At adoption, TWC amended §853.5(a)(2) to correct the formatting of the Texas Register relating to reference.
At adoption, TWC amended §853.5(e) to add the Texas Register relating to reference.
§853.6. Ineligibility Determination
Section 853.6 is amended to clarify language.
At adoption, TWC amended §853.6(a) to add the Texas Register relating to reference.
SUBCHAPTER B. Services
TWC adopts amendments to Subchapter B, as follows:
§853.10. Independent Living Plan
Section 853.10 is amended to clarify the time frame for developing an ILP and to update the form number.
SUBCHAPTER C. Customer Financial Participation
TWC adopts amendments to Subchapter C, as follows:
§853.21. Customer Participation in the Cost of Services
Section 853.21 is amended to clarify language relating to customer participation in cost of service and to remove a reference to ILS.
At adoption, TWC amended §853.21(a) to correct the formatting of the Texas Register relating to reference.
SUBCHAPTER D. Case Documentation
TWC adopts amendments to Subchapter D, as follows:
§853.30. Case Closure
Section 853.30 is amended to add language regarding minimal services closures and remove a subsection about post-closure services. The removed subsection included obsolete terminology that was later replaced but is no longer applicable to OIB.
SUBCHAPTER E. Customer's Rights
TWC adopts amendments to Subchapter E, as follows:
§853.40. Rights of Customers
Section 853.40 is amended to remove references to ILS and add receiving a diagnosis of significant visual impairment as one of the requirements to receive OIB services.
At adoption, TWC amended §853.40(a) to add the Texas Register relating to reference.
At adoption, TWC amended §853.40(b) to correct the formatting of the Texas Register relating to reference.
PART III. PUBLIC COMMENTS
The public comment period closed on February 19, 2024. No comments were received.
SUBCHAPTER A. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
PART IV. STATUTORY AUTHORITY
The rules are adopted under:
--Texas Labor Code §352.103(a), which provides TWC with the specific authority to establish rules for providing vocational rehabilitation services; and
--Texas Labor Code §301.0015(a)(6), which provides TWC with the general authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
The adopted rules relate to Title 4, Texas Labor Code, particularly Chapter 352.
§853.1.Definitions.
In addition to the definitions contained in Texas Labor Code §352.001, 34 CFR §361.5, and §856.3 of this title (relating to Definitions) of the Agency's Vocational Rehabilitation Division rules, the following words and terms, when used in this chapter, shall have the following meanings:
(1) Act--The Rehabilitation Act of 1973, as amended (29 USC 701 et seq.).
(2) Adjusted income--The dollar amount that is equal to a household's annual gross income, minus allowable deductions.
(3) Applicant--An individual who applies for Older Individuals Who Are Blind (OIB) services.
(4) Attendant care--A personal assistance service provided to an individual with significant disabilities to aid in performing essential personal tasks, such as bathing, communicating, cooking, dressing, eating, homemaking, toileting, and transportation.
(5) Blind--An individual having not more than 20/200 visual acuity in the better eye with correcting lenses or visual acuity greater than 20/200 but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.
(6) Center for Independent Living (CIL)--Has the meaning assigned by §702 of the Act (29 USC §796a).
(7) Client Assistance Program (CAP)--A federally funded program under 34 CFR Part 370 that provides information, assistance, and advocacy for individuals with disabilities who are seeking or receiving services from programs funded under the Act. In Texas, the designated agency is Disability Rights Texas (DRTx).
(8) Comparable services or benefits--Services and benefits that are provided or paid for, in whole or part, by other federal, state, or local public programs, or by health insurance, third-party payers, or other private sources.
(9) Customer--An individual who is eligible for and receiving OIB services under this chapter.
(10) Customer participation system--The system for determining and collecting the financial contribution that a customer may be required to pay for receiving OIB services.
(11) Customer representative--Any individual chosen by a customer, including the customer's parent, guardian, other family member, or advocate. If a court has appointed a guardian or representative, that individual is the customer's representative.
(12) Federal Poverty Guidelines--The poverty guidelines updated periodically in the Federal Register by the US Department of Health and Human Services under the authority of 42 USC §9902(2), found at https://aspe.hhs.gov/poverty-guidelines.
(13) Independent Living Plan (ILP)--A written plan in which the customer and OIB staff have collaboratively identified the services that the customer needs to achieve the goal of living independently.
(14) Low vision--A condition of having a visual acuity not more than 20/70 in the better eye with correcting lenses, or visual acuity greater than 20/70 but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 30 degrees, or having a combination of both.
(15) Older Individuals Who Are Blind (OIB)--The independent living services program that serves individuals ages 55 and over who are blind or visually impaired.
(16) Significant disability--A significant physical, mental, cognitive, or sensory impairment that substantially limits an individual's ability to function independently in the family or community.
(17) Significant visual impairment--A disease or condition of the eye that does not meet the definitions of Blind or Low Vision but does create a significant impediment to independent living and cannot be corrected with glasses or contact lenses.
(18) Transition services--Services that:
(A) facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the requisite supports and services; and
(B) provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community.
§853.2.Referral.
(a) An individual may be referred for OIB services in a variety of ways, including, but not limited to:
(1) a physician's office;
(2) a community organization;
(3) the Center for Independent Living (CIL);
(4) a senior community organization;
(5) family, customer representative, and friends;
(6) contract providers; or
(7) online self-referral portal.
(b) A referral shall include the name of the individual seeking services, the address where the individual resides, and an email address and telephone number, if available.
(c) During the referral process, OIB staff may determine the level of services needed by the customer, provide minimal services, or verify the customer's eligibility criteria. Minimal services may include information and referral, a guide to independent living, bump dots for kitchen appliances, and low-cost magnifiers. If minimal services are all that a customer requires, the case may be closed as a minimal services successful closure.
(d) For service delivery to begin, an individual shall submit a complete application and document that all eligibility requirements are met.
§853.5.Eligibility.
(a) To be eligible for OIB, a customer must:
(1) be age 55 or older;
(2) be blind or have low vision or a significant visual impairment, as defined in §853.1, of this subchapter (relating to Definitions);
(3) be an individual for whom independent living goals are feasible; and
(4) be present in Texas.
(b) Eligibility for blindness, low vision, or a significant visual impairment is determined by OIB staff based on the documented diagnosis of a licensed practitioner.
(c) Individuals shall establish eligibility through existing data and information, including, but not limited to, medical records and information used by the Social Security Administration. The information may be obtained from the applicant, the applicant's family members, or the applicant's representative. OIB staff may assist in locating or obtaining existing documentation.
(d) The Agency shall substantively evaluate the documentation and application to determine whether eligibility requirements are met.
(e) OIB staff shall endeavor to make an eligibility determination within 60 days from the time a completed and signed application for services has been received. The eligibility determination is conditional on the applicant's availability to complete the assessment process, as set forth in §853.4(3) of this subchapter (relating to Application). When an applicant is unavailable to complete such assessment process in a timely manner due to unforeseen circumstances, which may include, but are not limited to, medical conditions or hospitalizations, the 60-day period shall be abated until the applicant is available to complete the necessary assessment process to determine eligibility.
(f) Eligibility cannot be established unless and until all required elements under subsection (a) of this section have been completed and documented, including any assessment to establish eligibility.
(g) Eligibility requirements are applied without regard to an individual's age, color, creed, gender, national origin, race, religion, or length of time present in Texas.
§853.6.Ineligibility Determination.
(a) A determination of ineligibility shall be based only on a substantive evaluation of an applicant's completed and signed application, including all documentation required to establish eligibility under §853.5(a) of this subchapter (relating to Eligibility).
(b) Before making a determination of ineligibility, OIB staff shall provide the applicant or the applicant's representative, as appropriate, an opportunity to consult with OIB staff. OIB staff shall notify the applicant, or the applicant's representative, as appropriate, of an ineligibility determination. Notice shall be provided in accessible format and through accessible methods and in compliance with Texas Government Code §2054.460, if applicable. The notice shall include the following:
(1) A brief statement of the ineligibility determination, with reference to the requirements under this chapter and any deficiencies;
(2) The mailing date of the determination;
(3) An explanation of the individual's right to an appeal;
(4) The procedures for filing an appeal with the Agency, including applicable time frames;
(5) The right to have a hearing representative, including legal counsel;
(6) How to contact the Texas CAP, which is DRTx; and
(7) The contact information to which the appeal must be sent.
(c) When appropriate, OIB staff may refer the applicant to other agencies and facilities.
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 16, 2024.
TRD-202401608
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: May 6, 2024
Proposal publication date: January 5, 2024
For further information, please call: (512) 850-8356
The rule is adopted under:
--Texas Labor Code §352.103(a), which provides TWC with the specific authority to establish rules for providing vocational rehabilitation services; 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 rule relates to Title 4, Texas Labor Code, particularly Chapter 352.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 16, 2024.
TRD-202401609
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: May 6, 2024
Proposal publication date: January 5, 2024
For further information, please call: (512) 850-8356
The rule is adopted under:
--Texas Labor Code §352.103(a), which provides TWC with the specific authority to establish rules for providing vocational rehabilitation services; 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 rule relates to Title 4, Texas Labor Code, particularly Chapter 352.
§853.21.Customer Participation in the Cost of Services.
(a) Some independent living services, as set forth in §853.11 or this chapter (relating to Scope of Services), may be subject to customer participation in cost of service as defined in OIB policy.
(b) OIB staff shall administer the customer participation system in accordance with the rules in this chapter, the OIB policy manual, and 34 CFR §367.67(b)(1).
(c) OIB staff shall provide those independent living services not requiring customer participation in cost of services as set forth in §853.11 of this chapter at no cost to the customer.
(d) OIB staff shall determine the customer's adjusted gross income and the percentage of the Federal Poverty Guidelines at https://aspe.hhs.gov/poverty-guidelines for that income, based on documentation provided by the customer.
(e) OIB staff is required to apply the Federal Poverty Guidelines at https://aspe.hhs.gov/poverty-guidelines to determine customer participation.
(f) The customer or customer's representative shall sign an ILP acknowledging the customer's contribution for services and providing written agreement that:
(1) the information provided by the customer or the customer's representative about the customer's household size, annual gross income, allowable deductions, and comparable services or benefits is true and accurate; or
(2) the customer or the customer's representative chooses not to provide information about the customer's household size, annual gross income, allowable deductions, and comparable services or benefits.
(g) If the customer or the customer's representative, as appropriate, chooses not to provide information on the customer's household size, annual gross income, allowable deductions, and comparable services or benefits, the customer shall pay the entire cost of applicable services.
(h) The customer shall report to OIB staff as soon as possible all changes to household size, annual gross income, allowable deductions, and comparable services or benefits and sign an amendedILP.
(i) When the customer amends the ILP, the new customer's contribution for services takes effect the beginning of the following month. The new contribution shall not be applied retroactively.
(j) OIB staff shall develop a process to reconsider and adjust the customer's contribution for services based on circumstances that are both extraordinary and documented. This may include assessing the customer's ability to pay the customer's participation amount. Extraordinary circumstances include:
(1) an increase or decrease in income;
(2) unexpected medical expenses;
(3) unanticipated disability-related expenses;
(4) a change in family size;
(5) catastrophic loss, such as fire, flood, or tornado;
(6) short-term financial hardship, such as a major repair to the customer's home or personally owned vehicle; or
(7) other extenuating circumstances for which the customer makes a request and provides supporting documentation.
(k) The customer's contribution for services remains in effect during the reconsideration and adjustment process.
(l) OIB staff shall:
(1) use program income that is received from the customer only to provide services outlined in §853.11 of this chapter; and
(2) report fees collected as program income.
(m) The Agency may not use program income received from the customer to supplant any other fund sources.
(n) The Agency may not pay any portion of the customer's contribution.
(o) The customer's ILP and all financial information collected by OIB staff are subject to subpoena.
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 16, 2024.
TRD-202401610
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: May 6, 2024
Proposal publication date: January 5, 2024
For further information, please call: (512) 850-8356
The rule is adopted under:
--Texas Labor Code §352.103(a), which provides TWC with the specific authority to establish rules for providing vocational rehabilitation services; 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 rule relates to Title 4, Texas Labor Code, particularly Chapter 352.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 16, 2024.
TRD-202401611
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: May 6, 2024
Proposal publication date: January 5, 2024
For further information, please call: (512) 850-8356
The rule is adopted under:
--Texas Labor Code §352.103(a), which provides TWC with the specific authority to establish rules for providing vocational rehabilitation services; 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 rule relates to Title 4, Texas Labor Code, particularly Chapter 352.
§853.40.Rights of Customers.
(a) In accordance with applicable legal provisions, the Agency does not, directly or through contractual or other arrangements, exclude, deny benefits to, limit the participation of, or otherwise discriminate against any individual on the basis of age, color, disability, national origin, political belief, race, religion, sex, or sexual orientation. For the purposes of receiving OIB services, the customer must be blind or have a low vision diagnosis or a significant visual impairment as defined in §853.1 of this chapter (relating to Definitions); however, that requirement is not considered discrimination against any individual on the basis of disability.
(b) OIB staff shall ensure the customer or the customer's representative, as appropriate, is notified in an accessible format about the rights included in subsection (a) of this section, and §853.21 of this chapter (relating to Customer Participation in the Cost of Services), when:
(1) the customer applies for services;
(2) OIB staff determines that a customer is ineligible for services; and
(3) OIB staff intends to terminate services.
(c) Filing a complaint with DRTx:
(1) A customer has the right to appeal a determination to the state's CAP. The CAP in Texas is implemented by DRTx.
(2) DRTx advocates are not employees of the Agency. There are no fees for CAP services, which are provided by advocates and attorneys when necessary. Services are confidential.
(3) A customer who is enrolled in OIB services, or the customer's representative, may file a complaint with DRTx alleging that a requirement of OIB was violated. The complaint does not need to be filed with OIB.
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 16, 2024.
TRD-202401612
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: May 6, 2024
Proposal publication date: January 5, 2024
For further information, please call: (512) 850-8356