Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,894
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Section 811.61(b) replaces the term "work" with "Choices pro-
gram requirements." This change clarifies that Boards have flexi-
bility for the provision of support services and acknowledges that
a Choices participant can be meeting all Choices requirements
set forth in Subchapter B of this chapter through activities other
than the four work activities.
Section 811.61(c)(1) - (3) replaces the term "work" with "Choices
program requirements." This change clarifies that Boards have
flexibility for the provision of support services and acknowledges
that a Choices participant can be meeting all Choices require-
ments through activities other than the four work activities.
PART Ill. IMPACT STATEMENTS
Randy Townsend, Chief Financial Officer, has determined that
for each year of the first five years the rules will be in effect, the
following statements will apply:
There are no additional estimated costs to the state and local
governments expected as a result of enforcing or administering
There are no estimated reductions in costs to the state and to
local governments as a result of enforcing or administering the
There are no estimated losses or increases in revenue to the
state or to local governments as a result of enforcing or admin-
istering the rules.
There are no foreseeable implications relating to costs or rev-
enue of the state or local governments as a result of enforcing
or administering the rules.
There are no anticipated economic costs to persons required to
comply with the rules. There is no anticipated adverse economic
impact on small or microbusinesses as a result of enforcing or
administering the rules.
Economic Impact Statement and Regulatory Flexibility Analysis
The Agency has determined that the proposed rules will not have
an adverse economic impact on small businesses as these pro-
posed rules place no requirements on small businesses.
Rich Froeschle, Director of Labor Market and Career Informa-
tion, has determined that there is no significant negative impact
upon employment conditions in the state as a result of the rules.
Reagan Miller, Director, Workforce Development Division, has
determined that for each year of the first five years the rules
are in effect, the public benefit anticipated as a result of enforc-
ing the proposed rules will be to provide activities and support
services that focus the attention of the workforce system on as-
sisting Choices customers in gaining employment at the earliest
opportunity in order to attain self-sufficiency and become inde-
pendent of public benefits. The Agency hereby certifies that the
proposal has been reviewed by legal counsel and found to be
within the Agency's legal authority to adopt.
PART IV. COORDINATION ACTIVITIES
In the development of these rules for publication and public com-
ment, the Commission sought the involvement of Texas's 28
Boards. The Commission provided the concept paper regard-
ing these rule amendments to the Boards for consideration and
review on January 31, 2012. The Commission also conducted
a conference call with Board executive directors and Board staff
on February 3, 2012, to discuss the concept paper. During the
rulemaking process, the Commission considered all information
gathered in order to develop rules that provide clear and concise
direction to all parties involved.
Comments on the proposed rules may be submitted to TWC
Policy Comments, Workforce Policy and Service Delivery, attn:
Workforce Editing, 101 East 15th Street, Room 440T, Austin,
Texas 78778; faxed to (512) 475-3577; or e-mailed to TWCPol-
icyComments@twc.state.tx.us. The Commission must receive
comments postmarked no later than 30 days from the date this
proposal is published in the Texas Register
SUBCHAPTER A. GENERAL PROVISIONS
40 TAC 811.1, 811.2, 811.4, 811.5
The rules are proposed under Texas Labor Code 301.0015 and
302.002(d), which provide the Texas Workforce Commission
with the authority to adopt, amend, or repeal such rules as it
deems necessary for the effective administration of Agency ser-
vices and activities.
The proposed rules affect Texas Labor Code, Title 4 and Texas
Human Resources Code, Chapters 31 and 34.
811.1. Purpose and Goal.
(a) The purposes of Temporary Assistance for Needy Families
(TANF), as set forth in Title IV, Social Security Act, 401 (42 USCA
[U.S.CGAj] 601) are:
(1) provide assistance to needy families so that children
may be cared for in their own homes or in the homes of relatives;
(2) end the dependence of needy parents on government
benefits by promoting job preparation, work, and marriage;
(3) prevent and reduce the incidence of out-of-wedlock
(4) encourage the formation and maintenance of two-par-
(b) The goal of Choices services is to end the dependence of
needy parents on public assistance by promoting job preparation, work,
and marriage. A Local Workforce Development Board (Board) may
exercise flexibility in providing services to Choices eligibles to meet
this Choices goal. A Board is also provided the flexibility and may
engage in strategies that promote the prevention and reduction of out-
of-wedlock pregnancies and encourage the formation and maintenance
of two-parent families if those strategies support the primary goal of
Choices services, which is employment and job retention.
(c) The goal of the Texas Workforce Commission
(Commission) is to ensure delivery of the employment and training
activities as described in the TANF State Plan and the TANF Work
(d) Boards shall identify the workforce needs of local employ-
ers and design Choices services to ensure that local employer needs
are met and that the services are consistent with the goals and purposes
of Choices services as referenced in this section, and as authorized by
PRWORA, the applicable federal regulations at 45 CFR Parts 260 - 265
[aFR Part 260 - 245], the TANF State Plan, the TANF Work Verifi-
cation Plan, this chapter, and consistent with a Board's approved inte-
grated workforce training and services plan as referenced in 801.17
of this title.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1) Applicant--An adult, or teen head of household, in a
family who applies for TANF [Temporary Assistance for Needy Fami-
37 TexReg 6894 August 31, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth253227/m1/76/: accessed September 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.