LABOR CODE
CHAPTER 302. DIVISION OF WORKFORCE DEVELOPMENT
SUBCHAPTER A. GENERAL PROVISIONS
§ 302.001. DEFINITIONS. In this chapter:
(1) "Director" means the director of the division.
(2) "Division" means the division of workforce
development of the commission.
Added by Acts 1995, 74th Leg., ch. 655, § 11.03, eff. Sept. 1,
1995.
§ 302.002. GENERAL WORKFORCE DEVELOPMENT POWERS AND
DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. (a) The executive
director shall:
(1) to the extent feasible under federal law,
consolidate the administrative and programmatic functions of the
programs under the authority of the commission to achieve efficient
and effective delivery of services;
(2) administer each program and implement
corresponding federal and state legislation consolidated under the
authority of the commission under this chapter and other applicable
state law;
(3) determine the organization and methods of
procedure of the division in accordance with applicable state and
federal legislation;
(4) appoint and prescribe the duties of all officers,
administrators, accountants, attorneys, experts, and other
employees as necessary in the performance of the division's duties;
(5) delegate authority to persons appointed under this
section as the executive director considers reasonable and proper
for the effective administration of the division;
(6) bond any person who handles money or signs checks
for the division;
(7) implement workforce training and services
policies and programs, consistent with recommendations from the
council and as approved by the governor;
(8) serve as an advocate at the state and federal
levels for local workforce development boards;
(9) contract with local workforce development boards
for program planning and service delivery;
(10) provide training and professional development
services for division staff, local workforce development boards,
and the staff of those boards;
(11) support research and demonstration projects
designed to develop new programs and approaches to service
delivery;
(12) provide technical assistance and support to local
workforce development boards;
(13) prepare an annual agency performance report for
submission to the governor, the legislature, the commission, and
the council;
(14) design and administer a statewide comprehensive
labor market information system;
(15) serve as the chair of the State Occupational
Information Coordinating Committee; and
(16) perform other functions and duties as may be
required by law or assigned by the commission.
(b) The executive director may make expenditures, enter
into contracts with public, private, and nonprofit organizations,
require reports, conduct investigations, and take other action the
executive director or commission considers necessary or suitable to
fulfill the division's administrative duties.
(c) The executive director may enter interagency contracts
and memoranda of understanding with other state agencies for the
performance of administrative functions of the agency.
(d) The commission shall adopt rules in accordance with
Chapter 2001, Government Code, as necessary for the proper
administration of the division.
(e) The executive director may obligate funds from the
skills development fund in a manner consistent with the rules
adopted by the commission for that program. The executive director
shall report to the governor, the legislature, the commission, and
the council on a quarterly basis regarding actions taken under this
subsection.
(f) In addition to the services provided under Subsection
(a)(12), the executive director may enter into contracts with local
workforce development boards or other entities to establish service
level agreements for technology assistance and support. The
executive director may charge fees for services based on the
service level options selected by those entities. All fees
collected under this subsection may be used only by the commission
to pay costs incurred in providing those services.
Added by Acts 1995, 74th Leg., ch. 655, § 11.03, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 1021, § 1, eff. Sept.
1, 1999.
§ 302.0025. EMPLOYMENT PLAN AND POSTEMPLOYMENT
STRATEGIES. (a) The commission shall ensure that an individual
employment plan developed for a recipient of financial assistance
participating in an employment program under Chapter 31, Human
Resources Code, includes specific postemployment strategies to
assist the recipient in making a transition to stable employment at
a wage that enables the recipient and the recipient's family to
maintain self-sufficiency.
(b) The individual employment plan must:
(1) consider a recipient's individual circumstances
and needs in determining the recipient's initial job placement;
(2) identify a target wage that enables the recipient
and the recipient's family to maintain self-sufficiency;
(3) provide specific postemployment goals and include
methods and time frames by which the recipient is to achieve those
goals; and
(4) refer the recipient to additional educational and
training opportunities.
Added by Acts 2003, 78th Leg., ch. 198, § 2.93(a), eff. Sept. 1,
2003.
§ 302.0026. EMPLOYMENT SERVICES REFERRAL
PROGRAM. (a) The commission and local workforce development
boards shall develop an employment services referral program for
recipients of financial assistance who participate in employment
programs under Chapter 31, Human Resources Code, and have, in
comparison to other recipients, higher levels of barriers to
employment. The referral program must be designed to provide to a
recipient referrals to preemployment and postemployment services
offered by community-based organizations.
(b) In developing the referral program, the commission and
local workforce development boards shall, subject to the
availability of funds, coordinate partnerships and contract with
community-based organizations that provide employment services
specifically for persons with high levels of barriers to
employment.
Added by Acts 2003, 78th Leg., ch. 198, § 2.93(a), eff. Sept. 1,
2003.
§ 302.003. JOB RETENTION AND REEMPLOYMENT
ASSISTANCE. The division may provide ongoing job retention and
reemployment assistance for a recipient of public assistance who
has participated in a job training program.
Added by Acts 1997, 75th Leg., ch. 828, § 1, eff. Sept. 1, 1997.
§ 302.0035. EMPLOYMENT ASSISTANCE PROGRAM FOR CERTAIN
PARENTS. The commission shall provide employment assistance
services, including skills training, job placement, and
employment-related services, to a person referred to the commission
by:
(1) the Title IV-D agency under Chapter 231, Family
Code; or
(2) a court under Section 157.211, Family Code.
Added by Acts 1999, 76th Leg., ch. 1072, § 7, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 311, § 4, eff. Sept. 1,
2001.
§ 302.0036. TRANSPORTATION ASSISTANCE. (a) To the
extent funds are available, the commission and local workforce
development boards shall provide transportation assistance to
recipients of financial assistance participating in employment
programs under Chapter 31, Human Resources Code, that enables the
recipients to maintain a stable work history and attain financial
stability and self-sufficiency.
(b) The commission and local workforce development boards
may provide the assistance described by Subsection (a) by
implementing new initiatives or expanding existing initiatives
that provide transportation assistance to recipients of financial
assistance for whom transportation is a barrier to employment.
Added by Acts 2003, 78th Leg., ch. 198, § 2.93(a), eff. Sept. 1,
2003.
§ 302.0037. MAXIMIZING FEDERAL FUNDS FOR TRANSPORTATION
ASSISTANCE. (a) The commission and local workforce development
boards shall maximize the state's receipt of federal funds
available to provide transportation assistance to recipients of
financial assistance participating in employment programs under
Chapter 31, Human Resources Code.
(b) The commission and local workforce development boards
may, within any applicable appropriation limits, take any action
required by federal law to receive federal funds to provide
transportation assistance.
Added by Acts 2003, 78th Leg., ch. 198, § 2.93(a), eff. Sept. 1,
2003.
§ 302.0038. HOUSING RESOURCES FOR CERTAIN RECIPIENTS OF
FINANCIAL ASSISTANCE. (a) The commission, in cooperation with
local workforce development boards, shall, for a recipient of
financial assistance participating in an employment program under
Chapter 31, Human Resources Code:
(1) identify unmet housing needs and assess whether
those needs are barriers to the recipient's full participation in
the workforce and attainment of financial stability and
self-sufficiency; and
(2) develop a service plan that takes into
consideration the recipient's unmet housing needs.
(b) The commission by rule shall develop and implement a
program through which a recipient identified under Subsection (a)
as having unmet housing needs is referred by the commission or local
workforce development board to agencies and organizations
providing housing programs and services and connected to other
housing resources. To provide those referrals and connections, the
commission shall establish collaborative partnerships between:
(1) the commission;
(2) local workforce development boards;
(3) municipal, county, and regional housing
authorities; and
(4) sponsors of local housing programs and services.
(c) The commission shall ensure that commission and local
workforce development board staff members receive training
regarding the programs and services offered by agencies and
organizations with which the commission establishes partnerships
under Subsection (b) and other available housing resources.
Added by Acts 2003, 78th Leg., ch. 198, § 2.93(a), eff. Sept. 1,
2003.
§ 302.004. FUNDS FOR JOB TRAINING, EMPLOYMENT SERVICES,
AND CHILD CARE. In providing job training and employment services
and child care to eligible persons, the commission, notwithstanding
the provisions in this chapter or other law, may establish a
need-based formula to allocate funds available under the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(Pub. L. No. 104-193) for job training and employment services and
child care to local workforce development areas so as to ensure
compliance with federal participation rates and requirements and
full utilization of the funding.
Added by Acts 1997, 75th Leg., ch. 828, § 2, eff. Sept. 1, 1997.
§ 302.0041. CHILD-CARE DEMONSTRATION PROJECT
GRANTS. (a) The commission may make grants available on a
one-time basis to local workforce development boards to enable the
boards to design and implement child-care demonstration projects.
(b) A local workforce development board that receives a
grant under this section shall use the grant to design and implement
a demonstration project that:
(1) expands child-care services in underserved rural
local workforce development areas, including:
(A) home-based child-care services;
(B) child-care services at nontraditional times,
including services that accommodate the child-care needs of parents
who work shift-schedules, evenings, and weekends; or
(C) services to link child-care programs,
prekindergarten programs under Subchapter E, Chapter 29, Education
Code, and the federal Head Start program;
(2) creates or expands existing pilot programs, based
on demonstration models from other states, that provide strategies
for successfully recruiting and retaining child-care providers;
(3) creates pilot programs designed to assist
low-income, at-risk parents receiving child-care services provided
by the commission for extended periods who may benefit from career
counseling and employment location services that promote the
potential for career advancement; or
(4) develops initiatives that foster school readiness
in young children and encourage pre-reading and problem-solving
skills in those children.
(c) To be eligible for a grant under this section, a local
workforce development board must:
(1) conduct the demonstration project for which the
grant is made in a manner that allows replication of the project in
whole or part by other local workforce development boards to
address similar child-care service needs in underserved local
workforce development areas; and
(2) use the grant to develop direct child-care
services that, at the conclusion of the demonstration project, may
be funded.
(d) Child-care services that may continue to be funded under
Subsection (c)(2) at the conclusion of the demonstration project
may be funded through existing local workforce development board
resources for child-care services or other local resources.
Added by Acts 2001, 77th Leg., ch. 495, § 1, eff. June 11, 2001.
§ 302.0042. EVALUATION OF ALLOCATION FORMULAS FOR CHILD
CARE DEVELOPMENT FUNDS. (a) The commission shall annually
evaluate the formulas used by the commission to distribute federal
child care development funds to local workforce development boards
in order to ensure that the formulas address the child care needs of
each local workforce development board.
(b) The commission's evaluation must assess:
(1) the use of current federal child care funds by each
local workforce development board;
(2) the ability of each local workforce development
board to meet child care performance measures;
(3) the average cost of child care in each local
workforce development area;
(4) the poverty rate of each local workforce
development area compared to the state's poverty rate;
(5) the number of children on waiting lists for child
care in each local workforce development area; and
(6) the number of vacant slots available for child
care placement in each local workforce development area.
Added by Acts 2003, 78th Leg., ch. 817, § 4.06, eff. Sept. 1,
2003.
§ 302.0043. EVALUATION OF EFFECTIVENESS OF SUBSIDIZED
CHILD CARE PROGRAM. (a) To evaluate the effectiveness of the
commission's child care program in helping parents who receive
subsidized child care to maintain employment, the commission shall
compile, regarding each parent receiving subsidized child care from
the commission's child care program, the following information
regarding the wage and employment status of the parent:
(1) if the parent receives both financial assistance
under Chapter 31, Human Resources Code, and subsidized child care,
whether the parent:
(A) finds employment; and
(B) maintains the parent's employment after one
year;
(2) if the parent receives only subsidized child care,
whether the parent:
(A) maintains the parent's employment; and
(B) experiences a change in the parent's earnings
after one year of employment; and
(3) if the parent leaves the child care program:
(A) the parent's reason for leaving the program;
and
(B) whether the parent returns to financial
assistance under Chapter 31, Human Resources Code, or becomes a
recipient of financial assistance under that chapter for the first
time.
(b) The commission may use the wage and employment records
of the parents to determine the employment outcome of the parents.
(c) The commission shall also measure and evaluate the
effectiveness of the commission's child care program in:
(1) improving the training of child care
professionals; and
(2) facilitating collaboration with Head Start, the
Texas Education Agency, the Department of Protective and Regulatory
Services, and the Health and Human Services Commission.
(d) The commission shall periodically analyze the
information collected by the commission under this section and
shall compile its findings regarding the effectiveness of the
commission's child care program.
(e) The commission shall make the information collected by
the commission and the commission's findings available to local
workforce development boards.
(f) Not later than January 15 of each odd-numbered year, the
commission shall report to the legislature regarding the
commission's findings regarding the effectiveness of the
commission's child care program.
Added by Acts 2003, 78th Leg., ch. 817, § 4.06, eff. Sept. 1,
2003.
§ 302.0044. WAGE TRACKING OF TANF CHOICES PROGRAM
RECIPIENTS. (a) The commission, in consultation with local
workforce development boards, shall compile the following
information with regard to each recipient of employment services
under the Temporary Assistance for Needy Families (TANF) CHOICES
program:
(1) whether the recipient is placed in employment
paying wages equal to or exceeding 200 percent of the federal
poverty level for a family that is the size of the recipient's
family; and
(2) if the recipient is placed in employment earning
wages equal to or exceeding the amount described by Subdivision
(1), whether the recipient has earned that amount before the first
anniversary of the date of the recipient's initial date of
employment.
(b) Not later than December 15 of each year, the commission
shall report to the legislature the percentage of recipients of
employment services under the Temporary Assistance for Needy
Families (TANF) CHOICES program who meet the wage criteria
described by Subsections (a)(1) and (2).
Added by Acts 2003, 78th Leg., ch. 817, § 4.06, eff. Sept. 1,
2003.
§ 302.0045. QUALITY INITIATIVES BY
COMMISSION. (a) The commission shall collect state and local
information relating to the effectiveness of the use of four
percent quality dollars by local workforce development boards. The
commission shall produce a report that highlights promising
practices in expanding quality early education.
(b) In performing its duties under this section, the
commission shall report to the legislature and other interested
persons on local programs and services that show promise in
expanding access to quality early education.
Added by Acts 2001, 77th Leg., ch. 547, § 1, eff. Sept. 1, 2001.
§ 302.0046. NOTICE REGARDING TERMINATION OF CERTAIN
CHILD-CARE SERVICES. (a) The commission shall direct each local
workforce development board to notify a working poor subsidy
recipient who resides in that board's local workforce development
area and who receives child-care services from a child-care
services program financed through state or federal funds of any
termination of the subsidy for any reason other than involuntary
termination resulting from the recipient's actions or failure to
act.
(b) Except as otherwise provided by this subsection, the
local workforce development board shall provide the notice in
writing to the recipient not later than the 30th day before the
scheduled date of termination of the affected child-care services
subsidy. The notice must include information regarding other
child-care services programs under which the recipient may be
eligible for services. If providing notice on or before the
deadline specified by this subsection would interfere with the
ability of the local workforce development board to comply with its
duties regarding the number of children to be served or would
require the expenditure of funds in excess of the amount
appropriated to the board, the board may provide the notice on the
earliest date on which it is practicable for the board to provide
notice.
Added by Acts 2003, 78th Leg., ch. 817, § 4.06, eff. Sept. 1,
2003.
§ 302.005. CHILD-CARE TRAINING CENTER PILOT
PROGRAMS. (a) The commission shall establish four pilot programs
in which the division shall certify day-care facilities licensed
under Chapter 42, Human Resources Code, as training centers that
offer training and certification for recipients of public
assistance in basic skills, child care, child-care vendor
entrepreneurial training, and early childhood education. The
commission shall determine the pilot sites, with at least one site
in an urban area and at least one site in a rural area.
(b) The commission shall cooperate with the Department of
Protective and Regulatory Services in the adoption of rules under
this section. The commission may not adopt a rule under this
section that conflicts with a rule of the Department of Protective
and Regulatory Services.
(c) The commission shall award a contract to a child-care
facility to act as a training center based on:
(1) the level of training of the facility's staff; and
(2) the history of the facility in delivering
high-quality care.
(d) The child-care subsidy for a person who participates in
training through a pilot program and who qualifies for a subsidy for
the person's child shall be paid directly to the facility. The
facility may not count such a person in the facility's
child-to-staff ratio.
(e) A person who is a recipient of financial assistance
under Chapter 31, Human Resources Code, may qualify to participate
in training through a pilot program by applying to the commission
and:
(1) providing proof of possession of a high school
diploma or the equivalent or enrollment in a program leading to a
high school diploma or the equivalent;
(2) demonstrating possession of general skills and
competence, as determined by commission rule; and
(3) demonstrating, to the satisfaction of the
commission, a long-term commitment to the early childhood care
profession.
(f) Funding for a person who participates in training
through a pilot program shall be provided through a work supplement
program for 12 months. The commission may provide additional
funding for the person to participate in training through the pilot
program for an additional 12 months.
(g) The commission may also provide funding for a person who
participates in training through a pilot program to:
(1) complete the person's Child Development Associate
national credential, Certified Child-Care Professional Credential,
or other child-care certification, as determined by the commission;
(2) participate in ongoing interactive training; and
(3) provide start-up grants and loans to establish the
person's own child-care business.
(h) A facility that provides training through a pilot
program shall maintain a mentor relationship with each person who
participates in training through the program at the facility. A
person who participates in training at a facility may be required to
participate in additional training programs after the date the
person completes the pilot program.
(i) The child of a person who participates in training
through a pilot program is entitled to the same discounted rate for
child-care services at the facility in which the person is
participating in training that the facility offers to the
facility's employees. The child-care subsidy provided for the
person's child shall be paid to the facility in which the person is
participating in training at the rate that the facility offers to
the facility's employees. The money saved by the commission under
this subsection may be used by the commission to administer the
pilot program established under this section.
(j) The commission shall adopt rules that establish
eligibility criteria for a facility to participate in a pilot
program and provide requirements for implementation of the pilot
program.
(k) Repealed by Acts 2003, 78th Leg., ch. 817, § 9.01(7).
(l) In this section, "work supplement program" means a
program under which the state reserves all or part of the amounts
that would be payable as benefits to welfare recipients and uses
those amounts to provide and subsidize jobs for the recipients.
Added by Acts 1997, 75th Leg., ch. 684, § 1, eff. Sept. 1, 1997.
Renumbered from § 302.003 by Acts 1999, 76th Leg., ch. 62, §
19.01(83), eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch.
817, § 9.01(7), eff. Sept. 1, 2003.
§ 302.0055. PILOT PROGRAM. (a) The commission shall
establish a pilot program to assist teachers in retaining
employment in the field of child care. In establishing and
administering the program, the commission may consult with
nationally recognized early childhood teacher pilot programs.
(b) The commission shall operate the pilot program in at
least three locations throughout the state, one of which must be an
urban community, one of which must be a rural community, and one of
which must be a community in the region of the state that borders
the United Mexican States.
(c) To be eligible to participate in the pilot program, a
teacher must be employed in a child-care program that has a provider
agreement with a local workforce development board to serve
families that receive subsidized child-care services.
(d) At each location in which the pilot program is operated,
the pilot program, at a minimum, shall:
(1) provide coordination between the commission and
the appropriate local workforce development board;
(2) obtain incremental increases in financial and
other support from public and private sources;
(3) address the following issues with respect to each
participating child-care teacher:
(A) scholarships;
(B) education;
(C) compensation; and
(D) retention;
(4) obtain a financial commitment from participating
employers to provide graduated increases in compensation to the
employers' child-care teachers; and
(5) participate in the evaluation of the pilot program
as determined by the commission.
(e) Not later than December 1 of each year, the commission
shall submit a report to the governor and the legislature regarding
the status and results of the pilot program.
(f) This section expires September 1, 2005.
Added by Acts 2001, 77th Leg., ch. 617, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 434, § 1, 2, eff. June 20,
2003.
§ 302.006. PROFESSIONAL CHILD-CARE TRAINING
SCHOLARSHIPS, BONUSES, AND WAGE SUPPLEMENTATION. (a) The
commission may develop and administer a program under which the
commission awards scholarships in the amount of $1,000 each for
professional child-care training to eligible recipients.
(b) A recipient may use a scholarship awarded under this
section only to pay expenses associated with obtaining:
(1) Child Development Associate (CDA) national
credentials;
(2) Certified Child-Care Professional (CCP)
credentials; or
(3) a level one certificate or associate's degree in
the area of child development or early childhood education from a
public or private institution of higher education.
(c) To be eligible to receive a scholarship awarded under
this section, a person must:
(1) be employed in a child-care facility, as defined
by Section 42.002, Human Resources Code;
(2) intend to obtain a credential, certificate, or
degree specified in Subsection (b);
(3) agree to work for at least 18 additional months in
a child-care facility, as defined by Section 42.002, Human
Resources Code, that accepts federal Child Care Development Fund
subsidies and that, at the time the person begins to fulfill the
work requirement imposed by this subdivision, is located:
(A) within the attendance zone of a public school
campus considered low-performing under Section 39.132, Education
Code; or
(B) in an economically disadvantaged community,
as determined by the commission; and
(4) satisfy any other requirements adopted by the
commission.
(d) A person may not receive more than one scholarship
awarded under this section.
(e) In addition, the commission may provide for payment of a
bonus or wage supplementation to a scholarship recipient who for 18
months after the date of receiving the scholarship provides care
for children younger than six years of age while remaining in the
employment of the child-care facility that employed the person when
the scholarship was awarded and that meets the requirements of
Subsection (c)(3). Any bonus or wage supplementation provided
under this subsection shall be paid in equal shares by the
scholarship recipient's employer and the commission. The
commission shall determine the amount of any bonus and the amount
and duration of any wage supplementation provided under this
subsection.
(f) The commission shall fund scholarships and any bonuses
or wage supplementation provided under this section through federal
Child Care Development funds or other funding sources available to
the commission. Total funding may not exceed $2 million per state
biennium.
(g) The commission shall adopt rules necessary to implement
this section. The rules must include provisions that:
(1) address the computation of the 18-month service
requirement prescribed by Subsection (c); and
(2) ensure that the commission may recover scholarship
money from a recipient who fails to comply with that service
requirement or any other requirement imposed by the commission.
Added by Acts 1999, 76th Leg., ch. 1433, § 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 494, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 342, § 6, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 817, § 4.05, eff. Sept. 1, 2003.
§ 302.007. REPORT ON TRADE ADJUSTMENT
PROGRAMS. (a) The commission shall submit an annual report to the
legislature on the effectiveness of federal programs designed to
provide trade adjustment assistance to persons in this state.
(b) The report shall include the following information
regarding persons who have participated in a program described by
Subsection (a):
(1) the number of persons who enter employment;
(2) the occupations in which the persons are placed;
(3) the wages earned by persons before and after
participation in the program;
(4) whether a person who enters employment after
completion of a program retains that employment for at least six
months;
(5) the number of persons participating in integrated
vocational and language training programs; and
(6) whether a participant has acquired basic skills to
enhance employability in the participant's local labor market.
Added by Acts 1999, 76th Leg., ch. 482, § 1, eff. Sept. 1, 1999.
Renumbered from § 302.006 by Acts 2001, 77th Leg., ch. 1420, §
21.001(82), eff. Sept. 1, 2001.
§ 302.008. STATEWIDE TECHNOLOGY WORKFORCE
CAMPAIGN. The commission shall develop an information and
marketing campaign designed to encourage residents of the state to
enter the technology workforce. The campaign shall target
populations that are traditionally economically disadvantaged and
underrepresented in the technology workforce.
Added by Acts 1999, 76th Leg., ch. 540, § 1, eff. June 18, 1999.
§ 302.009. JOB PLACEMENT INCENTIVE PROGRAM. (a) The
commission by rule shall develop a job placement incentive program
under which persons with whom local workforce development boards
contract for employment services under Chapter 2308, Government
Code, are provided incentives for placing recipients of financial
assistance participating in employment programs under Chapter 31,
Human Resources Code, in higher-wage jobs, as determined by the
commission.
(b) In developing guidelines for the job placement
incentive program, the commission shall:
(1) define measures for higher-wage jobs based on:
(A) locally appropriate indicators of the wages
necessary to lift recipients of employment services out of poverty
and into self-sufficiency; and
(B) the self-sufficiency wage developed for each
local workforce development board under the Workforce Investment
Act of 1998 (29 U.S.C. Section 2801 et seq.); and
(2) involve representatives of local workforce
development boards in developing guidelines for the program and the
measures for higher-wage jobs.
(c) The commission shall administer the job placement
incentive program through the local workforce development boards.
(d) A local workforce development board that provides a
monetary incentive under the job placement incentive program to a
person with whom the board contracts for employment services shall
require the person to use the money for expenses relating to
education, training, and support services necessary to prepare,
place, and maintain recipients of financial assistance in jobs
paying wages that allow those recipients to attain
self-sufficiency.
Added by Acts 2001, 77th Leg., ch. 466, § 1, eff. Sept. 1, 2001.
§ 302.010. POSTEMPLOYMENT SERVICES
GUIDELINES. (a) The commission by rule shall develop guidelines
under which local workforce development boards provide
postemployment services to a recipient of financial assistance
participating in an employment program under Chapter 31, Human
Resources Code.
(b) In developing the guidelines, the commission must
consider the difficulties the recipient is likely to encounter in
acquiring additional education and training after becoming
employed.
(c) The commission shall assist local workforce development
boards in meeting the guidelines by providing information about
model programs and best practices, including employer involvement
in past employment services.
(d) The commission shall involve representatives of local
workforce development boards and other appropriate organizations
in developing the guidelines and identifying model programs and
best practices.
Added by Acts 2001, 77th Leg., ch. 466, § 1, eff. Sept. 1, 2001.
§ 302.011. POSTEMPLOYMENT CASE MANAGEMENT AND
MENTORING. The commission shall encourage local workforce
development boards to provide postemployment case management
services for and use mentoring techniques to assist recipients of
financial assistance who participate in employment programs under
Chapter 31, Human Resources Code, and have, in comparison to other
recipients, higher levels of barriers to employment. The case
management services and mentoring techniques must be designed to
increase the recipient's potential for wage growth and development
of a stable employment history.
Added by Acts 2001, 77th Leg., ch. 466, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 198, § 2.94, eff. Sept. 1,
2003.
§ 302.012. MONITORING OF EMPLOYMENT HISTORY OF CERTAIN
FORMER RECIPIENTS OF PUBLIC ASSISTANCE. (a) The division shall
develop and implement a system to monitor the long-term employment
history of persons who are former recipients of assistance under
employment programs operated by the division under:
(1) Chapter 31, Human Resources Code; and
(2) 7 U.S.C. Section 2015(d).
(b) In designing the system, the division shall cooperate
with the Texas Department of Human Services.
(c) For each former recipient of assistance, the system must
be designed to:
(1) establish a baseline earnings measure based on the
recipient's earnings on leaving the employment program;
(2) track the wage and employment outcomes of the
recipient for a period of up to but not more than three years;
(3) provide, to the extent possible, information
regarding the recipient's household composition and earnings;
(4) provide, to the extent possible, information
regarding additional training or education received by the
recipient;
(5) compute:
(A) the recipient's individual earnings as a
percentage of the federal poverty level; and
(B) if data is available, the recipient's
household earnings as a percentage of the federal poverty level;
and
(C) if data is available, the recipient's income
as a percentage of the federal poverty level adjusted for the total
value of any public assistance utilized by the recipient's
household, including, but not limited to, medical assistance, food
stamps, child care, transportation assistance, the federal earned
income tax credit, and job training activities; and
(6) compare the recipient's individual earnings to a
self-sufficiency standard similar to that required under 20 C.F.R.
Section 663.230.
(d) The commission shall report to the legislature not later
than January 1 of each odd-numbered year regarding the information
obtained from the system developed under Subsection (a). The
report required under this subsection may be made separately or as a
part of any other required report submitted to the legislature by
the commission.
Added by Acts 2001, 77th Leg., ch. 837, § 1, eff. Sept. 1, 2001.
Renumbered from V.T.C.A., Labor Code § 302.009 by Acts 2003,
78th Leg., ch. 1275, § 2(102), eff. Sept. 1, 2003.
§ 302.013. LOCAL WORKFORCE DEVELOPMENT BOARD ADVISORY
COMMITTEE. (a) In this section, "advisory committee" means the
local workforce development board advisory committee created under
this section.
(b) The organization composed of a member of and the staff
director of each local workforce development board in this state
shall establish a local workforce development board advisory
committee composed of nine members appointed by the executive
officers of that organization.
(c) The advisory committee shall be composed of:
(1) six members of local workforce development boards
who serve as members of the organization described by Subsection
(b); and
(2) three staff directors of local workforce
development boards who serve as members of the organization
described by Subsection (b).
(d) The members of the advisory committee must represent
different geographic areas of the state.
(e) The advisory committee shall:
(1) meet at least quarterly;
(2) report to the commission at least annually; and
(3) advise the commission and commission staff
regarding the programs, policies, and rules of the commission that
affect the operations of local workforce development boards and the
local workforce delivery system.
Added by Acts 2003, 78th Leg., ch. 817, § 4.06, eff. Sept. 1,
2003.
SUBCHAPTER B. JURISDICTION OF DIVISION OF WORKFORCE DEVELOPMENT
§ 302.021. CONSOLIDATION OF WORKFORCE DEVELOPMENT
PROGRAMS. (a) The following job-training, employment, and
employment-related educational programs and functions are
consolidated under the authority of the commission:
(1) career school and college programs under Chapter
132, Education Code;
(2) apprenticeship programs under Chapter 133,
Education Code;
(3) postsecondary vocational and technical
job-training programs that are not a part of approved courses or
programs that lead to licensing, certification, or an associate
degree under Chapters 61, 130, and 135, Education Code, Subchapter
E, Chapter 88, Education Code, and Subchapter E, Chapter 96,
Education Code;
(4) employment programs under Chapter 31, Human
Resources Code;
(5) the senior citizens employment program under
Chapter 101, Human Resources Code;
(6) the work and family policies program under Chapter
81;
(7) job-training programs funded under the Workforce
Investment Act of 1998 (29 U.S.C. Section 2801 et seq.);
(8) the job counseling program for displaced
homemakers under Chapter 304;
(9) the reintegration of offenders program under
Chapter 306;
(10) the inmate employment counseling program;
(11) the continuity of care program under Section
501.095, Government Code;
(12) a literacy program from state, local, federal,
and private funds available to the state for that purpose;
(13) the employment service;
(14) [Blank];
(15) the trade adjustment assistance program under
Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et
seq.);
(16) education, employment, employment support,
training services, activities and programs funded under Temporary
Assistance for Needy Families (42 U.S.C. Section 601 et seq.);
(17) the food stamp employment and training program
authorized under 7 U.S.C. Section 2015(d); and
(18) the functions of the State Occupational
Information Coordinating Committee.
(b) In addition to the programs consolidated under the
authority of the commission under Subsection (a), the commission
shall administer:
(1) programs in this state to enhance the employment
opportunities of veterans of the armed services of the United
States, including the employment program funded under Chapters 41
and 42, Title 38, United States Code;
(2) child-care services provided under Chapter 44,
Human Resources Code; and
(3) programs established in this state through federal
funding to conduct full service career development centers and
school-to-work transition services.
(c) To the extent permitted under federal law, the
commission shall administer the programs funded through the
education coordination funds under Section 123, Job Training
Partnership Act (29 U.S.C. Section 1533).
(d) To the extent permitted under federal law, the
commission shall promote and monitor services provided to persons
with disabilities, including persons referred from the Texas
Rehabilitation Commission.
Added by Acts 1995, 74th Leg., ch. 655, § 11.03, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 6.67, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 393, § 24, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 489, § 4, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 110, § 1, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 656, § 1, eff. June 20, 2003; Acts 2003,
78th Leg., ch. 817, § 5.02, eff. Sept. 1, 2003.
§ 302.022. CLIENT ACCESSIBILITY. The director shall
develop a uniform, statewide client application and enrollment
process to determine an applicant's eligibility for workforce
training and services funded through the division.
Added by Acts 1995, 74th Leg., ch. 655, § 11.03, eff. Sept. 1,
1995.
§ 302.023. DELEGATION OF FUNCTIONS. The executive
director shall delegate all or part of the administration of a
program listed under Section 302.021 that is eligible for block
grant funding under Section 302.062 to a local workforce
development board in an area in which a board has been certified and
a local plan approved by the governor, or to another appropriate
state or local entity in an area in which a local workforce
development board has not been certified and a local plan approved
by the governor.
Added by Acts 1995, 74th Leg., ch. 655, § 11.03, eff. Sept. 1,
1995.
SUBCHAPTER C. STATE-LOCAL PLANNING; LOCAL WORKFORCE DEVELOPMENT
BOARDS
§ 302.041. STATE-LOCAL PLANNING PROCESS. The director
shall design and implement a state-local planning process for
workforce training and services provided through the programs under
the jurisdiction of the division.
Added by Acts 1995, 74th Leg., ch. 655, § 11.03, eff. Sept. 1,
1995.
§ 302.042. REVIEW OF LOCAL PLANS; RECOMMENDATIONS. The
commission shall review the local plans developed under Section
2308.304, Government Code, and shall make recommendations to the
council regarding the implementation of those plans.
Added by Acts 1995, 74th Leg., ch. 655, § 11.03, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 22.02, eff.
Sept. 1, 1997.
§ 302.043. TRAINING FOR LOCAL WORKFORCE DEVELOPMENT
BOARD MEMBERS. (a) The division shall provide management and
board development training for all members of local workforce
development boards that includes information regarding client
eligibility determination, early childhood education, vendor
management, the importance of high-quality workforces, and the
complexity of managing multiple state and federal child-care
funding sources and that encourages board members to be advocates
in their communities for effective and efficient workforce
development programs and for the improvement of child-care quality.
If a member of a local workforce development board does not receive
training under this section before the 91st day after the date on
which the member begins service on the board, the person is
ineligible to continue serving on the board unless the training
required under this subsection was requested by the member but not
provided by the division.
(b) Training may be provided directly by the division or by
a third party that has demonstrated experience in providing
training to local workforce development or similar boards.
(c) The division shall ensure that a local workforce
development board receives training under Subsection (a) before the
board begins to manage the delivery of child-care services.
(d) The training under this section must include training
for local workforce development board members and board employees
regarding the collection and analysis of data in the commission's
reporting and information system for performance reports.
Added by Acts 1995, 74th Leg., ch. 655, § 11.03, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 251, § 1, 2, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 650, § 1, eff. Sept. 1,
2001.
§ 302.044. OUTREACH ACTIVITIES. The commission shall
require that local workforce development boards participate in
outreach activities provided by the commission that are designed by
the commission to allow board members and employees to become more
proficient in the administration and operation of local workforce
development activities. The commission shall adopt policies
establishing the number of outreach activities in which a board is
required to participate.
Added by Acts 2001, 77th Leg., ch. 650, § 2, eff. Sept. 1, 2001.
§ 302.045. SANCTIONS PLAN. The commission shall adopt a
detailed and understandable plan to be used by local workforce
development boards in the implementation of the sanction process.
The plan adopted under this section must include:
(1) a requirement that the commission provide
technical assistance to the boards in avoiding or responding to
sanctions; and
(2) specific provisions regarding the time in which a
board is to be allowed to address concerns and improve the board's
performance.
Added by Acts 2001, 77th Leg., ch. 650, § 2, eff. Sept. 1, 2001.
§ 302.046. PLAN REGARDING LACK OF SERVICE
PROVIDERS. (a) The commission shall adopt a plan to address the
lack of service providers in specific local workforce development
areas.
(b) The plan adopted under this section must include
provisions:
(1) for offering incentives to attract exceptional
service providers and to encourage those providers to cooperate and
assist in improving the practices of other providers;
(2) relating to the imposition of sanctions by a board
against a service provider; and
(3) requiring, under certain circumstances, the
commission to assist in providing services until a provider is
designated.
Added by Acts 2001, 77th Leg., ch. 650, § 2, eff. Sept. 1, 2001.
§ 302.047. FLEXIBILITY RATING SYSTEM FOR COMMISSION
DIRECTIVES. (a) The commission shall develop and implement a
flexibility rating system for directives sent by the commission to
local workforce development boards. A rating assigned to a
directive under the system shall indicate the degree of flexibility
that a local workforce development board has in implementing the
directive. The commission shall provide an explanation of the
ratings assigned under the system to each local workforce
development board.
(b) The commission shall adopt rules as necessary to
implement this section.
Added by Acts 2001, 77th Leg., ch. 299, § 1, eff. Sept. 1, 2001.
Renumbered from V.T.C.A., Labor Code § 302.044 by Acts 2003,
78th Leg., ch. 1275, § 2(103), eff. Sept. 1, 2003.
§ 302.048. ASSESSMENT OF LOCAL WORKFORCE DEVELOPMENT
BOARD'S CAPACITY TO OVERSEE AND MANAGE LOCAL FUNDS AND DELIVERY OF
SERVICES. (a) In consultation with local workforce development
boards, the commission by rule shall establish criteria to be used
by the commission to evaluate each local workforce development
board's overall capacity to oversee and manage local funds and the
delivery of local workforce services.
(b) The criteria established under Subsection (a) must
address a local workforce development board's ability to:
(1) develop, maintain, and upgrade comprehensive
fiscal management systems;
(2) hire, train, and retain qualified staff to carry
out the board's oversight activities;
(3) select and oversee local contractors to improve
the delivery of workforce services;
(4) oversee and improve the operations of local career
development centers in the area served by the board;
(5) manage the contractors' performance across
multiple board programs; and
(6) identify and resolve long-standing oversight
problems of the board and performance problems of contract
providers.
(c) Based on the criteria prescribed under this section, the
commission shall develop performance measures to be used by the
commission to evaluate each local workforce development board.
(d) The commission shall post the results of the
commission's evaluation of each local workforce development board
on the commission's Internet website in a format that is readily
accessible to and understandable by a member of the public.
(e) The commission annually shall compile information
provided to the commission by local workforce development boards
that aggregates existing performance measure data on each local
career development center in a consistent format demonstrating
overall performance across multiple programs.
(f) The commission shall post the information compiled by
the commission under Subsection (e) on the commission's Internet
website in a format that is readily accessible to and
understandable by a member of the public.
Added by Acts 2003, 78th Leg., ch. 817, § 4.07, eff. Sept. 1,
2003.
SUBCHAPTER D. ALLOCATION OF FUNDS; BLOCK GRANT PROGRAM
§ 302.061. ADMINISTRATION FUNDING. Unless superseded
by federal law, the commission may use an amount not to exceed 20
percent of the amount of funds available to the commission for
workforce training and services to implement state-level
responsibilities, including administration, research and planning,
system design and development, and training and technical
assistance.
Added by Acts 1995, 74th Leg., ch. 655, § 11.03, eff. Sept. 1,
1995.
§ 302.062. BLOCK GRANTS TO LOCAL WORKFORCE DEVELOPMENT
AREAS. (a) Effective July 1, 1996, the commission shall provide
to the local workforce development areas in which local workforce
development boards have been certified and local plans approved by
the governor, through a block grant process, funds available to the
commission for workforce training and employment services, unless
superseded by federal law. Administrative costs under this
subsection may not exceed five percent of the total amount of funds
available to the commission for block grants for workforce training
and services.
(b) In the case of funds that are allocated to this state or
regions of this state through the application of established
formulas, the commission shall allocate amounts across the state
using the same formula that was used to provide the funds to the
state or that region.
(c) In the case of funds that are not allocated by formula to
this state or regions of this state, the commission shall develop a
need-based formula that will equitably allocate funds among local
workforce development areas throughout this state.
(d) Contingent on the availability of funds, in any state
fiscal biennium, the commission may not allocate to a local
workforce development area less than 90 percent or more than 125
percent of the amount received by that area during the preceding
state fiscal biennium.
(e) In each area of the state not yet designated as a local
workforce development area or that has been so designated but in
which a local workforce development board has not been certified
and a local plan approved by the governor, the executive director
shall:
(1) provide workforce training and services in that
area to the extent allowed by federal law; and
(2) specify an entity, which may be the commission,
for the performance of employment services in that area.
(f) At least 80 percent of the funds available to the
commission for workforce training and services in an area shall be
provided to the local workforce development board under Subsection
(a) or, in an area in which a local workforce development board has
not been certified and a local plan approved by the governor, to the
entity specified by the executive director under Subsection (e).
If a local workforce development board has been certified and a
local plan approved by the governor, the funds shall be provided
through the block grant process described by this section. Unless
superseded by federal law, total administrative costs for local
workforce training and services may not exceed 15 percent of the
funds allocated under this subsection, whether the training and
services are provided through a local workforce development board
or through the commission or other entity specified under
Subsection (e).
(g) Block grant funding under this section does not apply
to:
(1) the work and family policies program under Chapter
81;
(2) a program under the skills development fund
created under Chapter 303;
(3) the job counseling program for displaced
homemakers under Chapter 304;
(4) the Communities In Schools program under
Subchapter E, Chapter 33, Education Code, to the extent that funds
are available to the commission for that program;
(5) the reintegration of offenders program under
Chapter 306;
(6) apprenticeship programs under Chapter 133,
Education Code;
(7) the continuity of care program under Section
501.095, Government Code;
(8) employment programs under Chapter 31, Human
Resources Code;
(9) the senior citizens employment program under
Chapter 101, Human Resources Code;
(10) the programs described by Section 302.021(b)(3);
(11) the community service program under the National
and Community Service Act of 1990 (42 U.S.C. Section 12501 et seq.);
(12) the trade adjustment assistance program under
Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et
seq.);
(13) the programs to enhance the employment
opportunities of veterans; and
(14) the functions of the State Occupational
Information Coordinating Committee.
Added by Acts 1995, 74th Leg., ch. 655, § 11.03, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 6.68, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 489, § 5, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 198, § 2.118(b), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1205, § 2, eff. Sept. 1, 2003.
§ 302.063. WAIVERS. The commission shall develop
objective criteria for the granting of waivers allowed under this
chapter.
Added by Acts 1995, 74th Leg., ch. 655, § 11.03, eff. Sept. 1,
1995.
§ 302.064. COLLABORATION WITH LOCAL BOARDS. (a) The
commission shall collaborate with local workforce development
boards when determining the use of funds at the local level.
(b) The commission shall develop funding guidelines and
strategies allowing boards to exercise flexibility in identifying
and addressing the needs of persons who live in remote areas or who
face other barriers to employment.
Added by Acts 2001, 77th Leg., ch. 650, § 3, eff. Sept. 1, 2001.
§ 302.065. INTEGRATION OF BLOCK GRANT PROGRAMS AND
WORKFORCE SERVICES. (a) To streamline the delivery of services
provided in local career development centers, the commission and
local workforce boards shall integrate the administration of the
following federal block grant programs and the caseworker functions
associated with those programs as provided by this section:
(1) Temporary Assistance for Needy Families (TANF)
CHOICES training and employment programs under Chapters 31 and 34,
Human Resources Code;
(2) child care programs under Chapter 44, Human
Resources Code;
(3) employment and training programs under Title I of
the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et
seq.) or any subsequent applicable federal legislation; and
(4) the food stamp employment and training program
authorized under 7 U.S.C. Section 2015(d).
(b) The commission, in consultation with local workforce
development boards, shall ensure that state-level performance
measures, rules, policies, procedures, and organizational
structures support the integration of the federal block grant
programs described by Subsection (a) and the caseworker functions
associated with those programs at the local level.
(c) Each local career development center that provides
services through the federal block grant programs described by
Subsection (a) shall provide:
(1) integrated services across the programs;
(2) an integrated determination through a single point
of contact of a customer's eligibility for services under more than
one program; and
(3) integrated case management through a single point
of contact for a customer receiving services under more than one
program.
Added by Acts 2003, 78th Leg., ch. 817, § 4.08, eff. Sept. 1,
2003.
SUBCHAPTER E. WORKFORCE DEVELOPMENT EVALUATION SYSTEM
§ 302.081. MAINTENANCE AND OPERATION OF WORKFORCE
DEVELOPMENT EVALUATION SYSTEM. (a) The commission shall maintain
and operate an automated follow-up and evaluation system derived
from appropriate available information, including:
(1) unemployment insurance wage records maintained by
the commission; and
(2) student follow-up information available through
the Texas Higher Education Coordinating Board.
(b) The agencies represented on the council shall fund the
maintenance and operation of the evaluation system by using funds
available to the agencies for evaluation of each agency's workforce
development programs.
Added by Acts 2003, 78th Leg., ch. 818, § 4.03, eff. Sept. 1,
2003.
§ 302.082. INFORMATION AND DATA FOR EVALUATION
SYSTEM. (a) Each state agency represented on the council shall
provide information to support the commission's follow-up and
evaluation system as requested.
(b) Evaluation data in the system must include:
(1) placement rates;
(2) wages paid;
(3) retention in employment statistics;
(4) the number of education and training-related
placements; and
(5) other appropriate factors, including public
welfare dependency and the pursuit of additional education.
(c) The commission may develop a method for collecting
occupational information to supplement wage record information
collected by the commission. The commission may request employers,
providers, and other appropriate sources to provide placement,
employment, and earnings information to the commission.
Added by Acts 2003, 78th Leg., ch. 818, § 4.03, eff. Sept. 1,
2003.
§ 302.083. ANALYSIS. (a) At least annually, the
commission shall issue an analysis, by occupation and by the
provider of the job placement performance, of each workforce
development program for the previous one-year, three-year, and
five-year periods to:
(1) each provider of workforce education or workforce
training and services;
(2) the Texas Higher Education Coordinating Board for
each provider of workforce education approved and administered by
the coordinating board;
(3) each local workforce development board for each
provider of workforce training and services in the workforce
development area; and
(4) the division.
(b) The commission shall post each analysis issued under
Subsection (a) on the commission's Internet website in a format
that is readily accessible to and understandable by a member of the
public.
Added by Acts 2003, 78th Leg., ch. 818, § 4.03, eff. Sept. 1,
2003.
§ 302.084. USE BY TEXAS HIGHER EDUCATION COORDINATING
BOARD. The Texas Higher Education Coordinating Board shall use the
job placement information received under this subchapter and other
information to:
(1) evaluate the effectiveness of workforce
education;
(2) determine whether a public or private workforce
education program is effective in placing persons who successfully
complete the program in jobs related to the persons' training; and
(3) determine whether to continue, expand, or
terminate a program established under Section 61.051, Education
Code.
Added by Acts 2003, 78th Leg., ch. 818, § 4.03, eff. Sept. 1,
2003.
§ 302.085. USE BY COUNCIL AND WORKFORCE DEVELOPMENT
BOARD. The council and each local workforce development board
shall use the information developed under this subchapter and other
information to determine whether a specific workforce training and
services program administered by or funded by the local board is
effective and whether to continue the training and services
program.
Added by Acts 2003, 78th Leg., ch. 818, § 4.03, eff. Sept. 1,
2003.
§ 302.086. USE OF EVALUATION SYSTEM. The follow-up and
evaluation system shall be used to assist the commission, the
council, local workforce development boards, institution boards,
the Texas Higher Education Coordinating Board, the Texas Education
Agency, and other agencies in evaluating the labor market success
and effectiveness of workforce development in this state.
Added by Acts 2003, 78th Leg., ch. 818, § 4.03, eff. Sept. 1,
2003.
