Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,899
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(1) determine the reason for noncooperation and whether
good cause is applicable, as described in 811.16(c);
(2) inform the mandatory Choices participant of:
(A) the violation, if good cause has not been deter-
(B) the right to appeal; and
(C) the necessary procedures to demonstrate coopera-
(d) A Board shall ensure that timely and reasonable attempts,
as defined by the Agency, are made to contact a sanctioned family and
conditional applicants upon discovery of noncooperation during their
demonstrated cooperation period to determine if good cause exists.
(e) A Board shall ensure that the reasonable attempts to contact
a mandatory Choices participant are documented in TWIST.
(f) A Board shall ensure that:
(1) HHSC is notified of a mandatory Choices participant's
failure to comply with Choices program [work] requirements; and
(2) the notification of noncooperation is submitted as early
as possible in the same month in which the noncooperation occurs.
811.15. Demonstrated Cooperation.
(a) Conditional applicants are required to demonstrate
four consecutive weeks of cooperation to be [become] eligible for
[reinstatement ef] TANF cash assistance.
(b) Sanctioned families are required to demonstrate one month
of cooperation to reinstate [as a condition of eligibility for] TANF cash
(c) A Board shall ensure that HHSC is immediately notified if:
(1) a sanctioned family denied TANF cash assistance be-
cause of one month of noncooperation has demonstrated full coopera-
tion with Choices program [work] requirements for the program month
immediately following the program month in which the family nonco-
(2) a conditional applicant whose TANF case is closed be-
cause of two or more months of noncooperation has demonstrated full
cooperation with Choices program [work] requirements for four con-
secutive weeks; or
(3) a sanctioned family or conditional applicant has been
granted good cause during the demonstrated cooperation period.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 14, 2012.
Deputy Director, Workforce Programs
Texas Workforce Commission
Earliest possible date of adoption: September 30, 2012
For further information, please call: (512) 475-0829
SUBCHAPTER C. CHOICES SERVICES
40 TAC 811.23, 811.25, 811.29, 811.31, 811.32, 811.34
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.
811.23. Family Employment Plan.
(a) Boards must ensure that prior to the development of an FEP
[a family employment plan] Choices participants receive general infor-
mation about services provided through the One-Stop Service Delivery
Network that will assist them in obtaining employment, if the Choices
participants did not receive this information during the WOA.
(b) FEPs [Ftamily employment plans] are required for all
(c) FEPs [Famiy employment plans] shall be developed with
applicants and former recipients who choose to participate in Choices
(d) A Board shall ensure that an FEP [a family employment
plan] is developed during the assessment and:
(1) is based on assessments, as described in 811.22;
(2) contains the goal of self-sufficiency through employ-
ment to meet the needs of the local labor market;
(3) contains the steps and services to achieve the goal, in-
(A) connecting the Choices participant immediately to
the local labor market;
(B) addressing potential barriers that limit the Choices
participant's ability to work or participate in activities;
(C) arranging support services for the Choices partici-
pant or the family to address circumstances that limit the Choices par-
ticipant's ability to work or participate, including services for substance
abuse, mental health, family violence, and disability-related issues;
(D) developing specific post-employment service
strategies with methods and time frames for reaching the goal of an
identified self-sufficiency wage; and
(E) requiring Choices participants to notify the Board's
service provider of changes in family circumstances that may preclude
participation in Choices services;
(4) is signed by the Choices participant--unless the Choices
participant is a mandatory Choices participant coded by HHSC as
working at least 30 hours per week, earning at least $700 per month,
and receiving the EID--and a Board's service provider;
(5) assigns required hours and sets forth the participation
agreement for compliance with Choices program [work] requirements.
FEPs [FamiBy employment plans] for two-parent families must include
a description of how the required hours of participation will be dis-
tributed between one or both adults in the two-parent household; and
(6) provides information about the penalty process, good
cause process, right of appeal, and the importance of immediately con-
tacting a case manager should individual or family circumstances arise
that prevent participation.
(e) A Board shall regularly ensure that progress toward
[towards] meeting the goals of the FEP [family employment plan]
is evaluated and the FEP [famiy employment plan] is modified as
PROPOSED RULES August 31, 2012 37 TexReg 6899
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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/m1/81/: accessed February 25, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.