reglab/statecodes huggingface dataset:
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 214 - Offenses, Penalties, and Sanctions › Section 214.007. General Offense

Sec. 214.007.  GENERAL OFFENSE.  (a)  A person commits an offense if the person wilfully violates a provision of this subtitle or a rule adopted under this subtitle:
(1)  the violation of which is made unlawful or the observance of which is required under this subtitle;  and
(2)  for which a penalty is not otherwise provided by this subtitle or any other applicable statute.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 214 - Offenses, Penalties, and Sanctions › Section 214.008. Misclassification of Certain Workers; Penalty

Sec. 214.008.  MISCLASSIFICATION OF CERTAIN WORKERS; PENALTY. (a) A person who contracts with a governmental entity to provide a service as defined by Section 2155.001, Government Code, shall properly classify, as an employee or independent contractor in accordance with Chapter 201, any individual the person directly retains and compensates for services performed in connection with the contract.
(b)  In this subsection, "subcontractor" means a person directly retained and compensated by a person who contracts with a governmental entity to provide a service as defined by Section 2155.001, Government Code.  A subcontractor shall properly classify, as an employee or independent contractor in accordance with Chapter 201, any individual the subcontractor directly retains and compensates for services performed in connection with the contract for which the subcontractor is retained.
(c)  A person who fails to properly classify an individual as required by Subsection (a) or (b) shall pay to the commission a penalty equal to $200 for each individual that the person has not properly classified.
(d)  The commission may not take action to collect a penalty under this section from a person after the third anniversary of the date on which the violation occurred.
Added by Acts 2013, 83rd Leg., R.S., Ch. 335 (H.B. 2015), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 214 - Offenses, Penalties, and Sanctions › Section 214.009. Recovery of Covered Unemployment Compensation Debt Through Federal Treasury Offset Program

Sec. 214.009.  RECOVERY OF COVERED UNEMPLOYMENT COMPENSATION DEBT THROUGH FEDERAL TREASURY OFFSET PROGRAM.  (a)  In this section, "program" means the federal Treasury Offset Program authorized by 26 U.S.C. Section 6402(f).
(b)  The commission may collect the following covered unemployment compensation debt through the program:
(1)  a past-due debt for erroneous payment of benefits due to fraud that has become final under law and remains uncollected;
(2)  a past-due debt for erroneous payment of benefits due to a person's failure to report earnings, even if non-fraudulent, that has become final under law and remains uncollected;
(3)  a past-due employer contribution owed to the compensation fund for which the commission has determined the person to be liable and that remains uncollected; and
(4)  any penalties and interest assessed by the commission on a debt described by Subdivision (1), (2), or (3).
(c)  Before submitting covered unemployment compensation debt for recovery under the program, the commission must:
(1)  notify the debtor by regular United States mail that the commission plans to recover the debt through the offset of any federal tax refund;
(2)  provide the debtor at least 60 days following the date the notice is provided under Subdivision (1) to present to the commission evidence that all or part of the debt is not:
(A)  legally enforceable;
(B)  due to fraud or unreported earnings; or
(C)  a contribution owed to the compensation fund; and
(3)  consider any evidence presented by the debtor to determine the amount of debt that is legally enforceable and owed.
(d)  In considering evidence presented by a debtor under Subsection (c), the commission may determine only whether the debtor has demonstrated that the debt is not subject to recovery through the program so that the commission is able to minimize erroneous offsets.  The commission may not review the initial determination establishing the debtor's liability.
(e)  The commission shall assess against the debtor the cost of any administrative fee charged by the United States Department of the Treasury for each offset.  The commission may add the assessed amount to the covered unemployment compensation debt that is offset under the program.
Added by Acts 2015, 84th Leg., R.S., Ch. 414 (H.B. 2732), Sec. 1, eff. September 1, 2015.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 215 - Shared Work Unemployment Compensation Program › Subchapter A. General Provisions › Section 215.001. Definitions

Sec. 215.001.  DEFINITIONS.  In this chapter:
(1)  "Affected unit" means a unit of two or more employees, including a department or shift, designated by an employer to participate in a shared work plan.
(2)  "Fringe benefit" means health insurance, a retirement benefit received under a defined benefit plan, as defined by 26 U.S.C. Section 414(j), or under a defined contribution plan, as defined by 26 U.S.C. Section 414(i), a paid vacation day, a paid holiday, sick leave, or any other similar employee benefit provided by an employer.
(3)  "Normal weekly hours of work" means the number of hours in a week that an employee ordinarily works for a participating employer or an average of 40 hours per week over a two-week pay period, whichever is less.
(4)  "Participating employee" means an employee who works a reduced number of hours under an approved shared work plan.
(5)  "Participating employer" means an employer who has a shared work plan in effect.
(6)  "Shared work benefit" means an unemployment compensation benefit that is payable to a participating employee.
(7)  "Shared work plan" means a plan for reducing unemployment under which employees who are members of an affected unit share the work remaining after a reduction in their normal weekly hours of work.
(8)  "Shared work program" means the shared work unemployment compensation program.
(9)  "Training" means commission-approved voluntary training sponsored by an employer or funded under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.) that is designed to enhance a participant's job skills.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 42 (H.B. 1637), Sec. 1, eff. May 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 13 (H.B. 2035), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 215 - Shared Work Unemployment Compensation Program › Subchapter A. General Provisions › Section 215.002. Shared Work Unemployment Compensation Program

Sec. 215.002.  SHARED WORK UNEMPLOYMENT COMPENSATION PROGRAM.  (a)  The commission, under a voluntary shared work unemployment compensation program designed to reduce unemployment and stabilize the work force, shall allow participating employees shared work benefits.
(b)  The commission may adopt rules and establish procedures necessary to administer the shared work program.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 215 - Shared Work Unemployment Compensation Program › Subchapter B. Shared Work Plan › Section 215.021. Approval Required for Employer Plan

Sec. 215.021.  APPROVAL REQUIRED FOR EMPLOYER PLAN.  (a)  Before an employer may participate in the shared work program, the commission must approve the employer's shared work plan.  The plan must be submitted in writing to the commission.
(b)  If an employee who participates in a shared work plan is covered by a collective bargaining agreement, the collective bargaining agent must approve the plan in writing.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 215 - Shared Work Unemployment Compensation Program › Subchapter B. Shared Work Plan › Section 215.022. Requirements of Shared Work Plan

Sec. 215.022.  REQUIREMENTS OF SHARED WORK PLAN.  (a) The commission may approve a shared work plan if:
(1)  the plan:
(A)  applies to and identifies a specific affected unit;
(B)  identifies the employees in the affected unit by name and social security number and describes how the employees will be notified in advance of the plan, if feasible;
(C)  provides an estimate of the number of employees who would be laid off if the employer does not participate in the shared work plan;
(D)  reduces the normal weekly hours of work for an employee in the affected unit by at least 10 percent but not more than 40 percent;
(E)  applies to at least 10 percent of the employees in the affected unit; and
(F)  permits eligible employees to participate in training;
(2)  the employer certifies that the implementation of a shared work plan and the resulting reduction in work hours is in lieu of layoffs that would:
(A)  affect at least 10 percent of the employees in the affected unit; and
(B)  result in an equivalent reduction in work hours;
(3)  the employer certifies that:
(A)  if the employer currently provides fringe benefits, the fringe benefits continue for employees in the affected unit unless those benefits are not continued for employees not participating in the shared work plan; and
(B)  participation in the shared work plan is consistent with the employer's obligations under state and federal law; and
(4)  the employer agrees to furnish the commission reports relating to the operation of the plan as requested by the commission and any other information the United States secretary of labor determines is appropriate.
(b)  A shared work plan may not be implemented to subsidize a seasonal employer during the off-season.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 13 (H.B. 2035), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 215 - Shared Work Unemployment Compensation Program › Subchapter B. Shared Work Plan › Section 215.023. Approval or Denial of Shared Work Plan; Notice

Sec. 215.023.  APPROVAL OR DENIAL OF SHARED WORK PLAN;  NOTICE.  (a)  The commission shall approve or deny a shared work plan in writing not later than the 30th day after the date the commission receives the plan.
(b)  If the commission denies the plan, the commission shall give the employer the reasons for denial.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 215 - Shared Work Unemployment Compensation Program › Subchapter B. Shared Work Plan › Section 215.024. Effective Date of Shared Work Plan; Expiration or Termination

Sec. 215.024.  EFFECTIVE DATE OF SHARED WORK PLAN;  EXPIRATION OR TERMINATION.  (a)  A shared work plan takes effect on the date the commission approves the plan.
(b)  A shared work plan expires on the last day of the 12th calendar month beginning after the effective date of the plan.
(c)  The commission may terminate a shared work plan for good cause if the plan is not being executed according to the terms and intent of the shared work program.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 215 - Shared Work Unemployment Compensation Program › Subchapter B. Shared Work Plan › Section 215.025. Modification of Shared Work Plan

Sec. 215.025.  MODIFICATION OF SHARED WORK PLAN.  (a)  An employer may modify a shared work plan to meet changed conditions if the modification conforms to the basic provisions of the plan as approved by the commission.
(b)  Before implementing a proposed change, the employer must report the change in writing to the commission.
(c)  The commission shall reevaluate a plan that is proposed to be substantially modified.
(d)  If a proposed plan modification is substantial, the commission may approve the modified plan according to the requirements of Sections 215.022(a)(1) and (2) or shall deny the modification subject to Section 215.023.
(e)  Approval of a modified plan does not affect the plan's original expiration date.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 215 - Shared Work Unemployment Compensation Program › Subchapter B. Shared Work Plan › Section 215.026. Participating Employer's Report on Plan Operation

Sec. 215.026.  PARTICIPATING EMPLOYER'S REPORT ON PLAN OPERATION.  A participating employer shall:
(1)  monitor and evaluate the operation of its established shared work plan as requested by the commission;  and
(2)  report the findings to the commission.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 215 - Shared Work Unemployment Compensation Program › Subchapter C. Shared Work Benefits › Section 215.041. Employee's Eligibility for Shared Work Benefits

Sec. 215.041.  EMPLOYEE'S ELIGIBILITY FOR SHARED WORK BENEFITS.  (a)  Notwithstanding any other provision of this subtitle, an individual is unemployed for the purposes of this subtitle in a week in which the individual works under an approved shared work plan in effect for that week for less than the individual's normal weekly hours of work.
(b)  An individual is eligible to receive shared work benefits for a week in which:
(1)  the individual is employed as a member of an affected unit subject to a shared work plan that was approved before that week and is in effect for that week;
(2)  the individual is able to work and is available for additional hours of work or for full-time work with the participating employer;  and
(3)  the individual's normal weekly hours of work have been reduced by at least 10 percent but not more than 40 percent, with a corresponding reduction in wages.
(c)  The commission may not deny shared work benefits for a week to an otherwise eligible individual because of a provision of this subtitle that relates to:
(1)  availability for work;
(2)  active search for work;  or
(3)  refusal to apply for or to accept work with an employer other than the participating employer.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 215 - Shared Work Unemployment Compensation Program › Subchapter C. Shared Work Benefits › Section 215.042. Shared Work Benefits Formula

Sec. 215.042.  SHARED WORK BENEFITS FORMULA.  (a)  The commission shall pay an individual who is eligible for shared work benefits a weekly shared work benefit in an amount equal to the individual's regular weekly benefit amount for a period of total unemployment multiplied by the nearest full percentage of reduction of the individual's wages under the employer's shared work plan.
(b)  The commission shall round to the next highest dollar a shared work benefit that is not a multiple of one dollar.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 215 - Shared Work Unemployment Compensation Program › Subchapter C. Shared Work Benefits › Section 215.043. Limitations on Benefits

Sec. 215.043.  LIMITATIONS ON BENEFITS.  (a)  An individual is not entitled to receive shared work benefits and regular unemployment compensation benefits that exceed the maximum total benefits payable to the individual in a benefit year as provided by Section 207.005.
(b)  An individual who receives shared work benefits is not entitled to receive benefits for partial unemployment under Section 207.003 for any week in which the individual works as a participating employee.
(c)  The commission may not pay an individual shared work benefits for a week in which the individual performs paid work for the participating employer that exceeds the reduced hours established under a shared work plan.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 215 - Shared Work Unemployment Compensation Program › Subchapter C. Shared Work Benefits › Section 215.044. Extended Benefits

Sec. 215.044.  EXTENDED BENEFITS.  An individual who has received all of the shared work benefits and regular unemployment compensation benefits available in a benefit year is an individual who has exhausted regular benefits under Section 209.042 and is entitled to receive extended benefits under Chapter 209 if the individual is otherwise eligible under that chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter A. Organization of Commission › Section 301.001. Purpose; Agency Goals; Definitions

Sec. 301.001.  PURPOSE;  AGENCY GOALS;  DEFINITIONS.  (a)  The Texas Workforce Commission is a state agency established to operate an integrated workforce development system in this state, in particular through the consolidation of job training, employment, and employment-related educational programs available in this state, and to administer the unemployment compensation insurance program in this state.
(b)  The commission shall meet the needs of:
(1)  the businesses of this state for the development of a highly skilled and productive workforce;
(2)  the workers of this state for education, skills training, and labor market information to enhance their employability, earnings, and standard of living and for an efficient unemployment compensation system;
(3)  the people of this state who are making a transition into the workforce, particularly persons receiving public assistance, displaced homemakers, and students making the transition from school to work;
(4)  the communities of this state to provide economic incentive programs for job creation, attraction, and expansion;  and
(5)  the taxpayers of this state to ensure that tax revenues for workforce development are spent efficiently and effectively.
(c)  A reference in this code or another law to the Texas Employment Commission means the Texas Workforce Commission.
(d)  In this title:
(1)  "Chair" means the chair of the commission.
(2)  "Commission" means the Texas Workforce Commission.
(3)  "Council" means the Texas Workforce Investment Council.
(4)  "Employment service" means the commission or the entity designated by the commission to implement duties imposed under the Wagner-Peyser Act (29 U.S.C. Section 49 et seq.).
(5)  "Executive director" means the executive director of the commission.
(6)  "Local workforce development board" means an entity formed under Chapter 2308, Government Code.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 818, Sec. 6.09, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter A. Organization of Commission › Section 301.0015. Guidelines Regarding Functions of Commission and Staff

Sec. 301.0015.  GUIDELINES REGARDING FUNCTIONS OF COMMISSION AND STAFF.  (a)  In administering its functions under this title or another law, the commission shall limit its activities to:
(1)  setting commission policies, including policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the executive director and commission staff;
(2)  giving general direction to the executive director regarding the implementation of the commission's policies, and holding the executive director accountable for implementing the policies;
(3)  approving the commission's budget recommendation to the legislature;
(4)  reviewing under Subchapter D, Chapter 212, the decision of an appeal tribunal regarding unemployment compensation;
(5)  reviewing under Subchapter D, Chapter 61, the decision of a wage claim appeal tribunal regarding a wage claim;
(6)  adopting rules necessary to administer the commission's policies, including rules necessary for the administration of this title and rules governing required reports, procedures, and orders;
(7)  responding to questions and comments that are directed to the commission by the executive director and that relate to setting or clarifying commission policies or relate to other matters of general interest to the commission;
(8)  requesting information from commission staff; and
(9)  reviewing under Subchapter D, Chapter 51, the decision of a child labor appeal tribunal regarding a child labor violation and/or an administrative penalty.
(b)  Except as provided by Subsection (c), the commission may conduct the activities listed in Subsection (a) only when acting as a governmental body.
(c)  The commission, acting as a governmental body, or an individual member of the commission may conduct the activities listed in Subsections (a)(7) and (8).
(d)  In administering its functions under this title or another law, the commission, acting as a governmental body, or an individual member of the commission may not:
(1)  direct the day-to-day operations of the executive director or other commission staff; or
(2)  establish the details for the implementation of commission policies or direct the executive director or other commission staff about those details.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 1.01, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 14, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 720 (H.B. 2459), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter A. Organization of Commission › Section 301.002. Membership Requirements

Sec. 301.002.  MEMBERSHIP REQUIREMENTS.  (a)  The commission is composed of three members:
(1)  one member who is a representative of labor;
(2)  one member who is a representative of employers;  and
(3)  one member who is a representative of the public.
(b)  The governor shall appoint the members and make the appointments without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.001 and amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 817, Sec. 2.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter A. Organization of Commission › Section 301.004. Effect of Lobbying Activity

Sec. 301.004.  EFFECT OF LOBBYING ACTIVITY.  A person may not be a member of the commission or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.  If the person ceases to engage in lobbying activity and files a notice of termination as prescribed by Section 305.008, Government Code, the person may serve as a member of the commission or act as the general counsel to the commission.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.003 by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 817, Sec. 2.03, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter A. Organization of Commission › Section 301.005. Terms; Vacancy

Sec. 301.005.  TERMS;  VACANCY.  (a)  Members of the commission are appointed for staggered six-year terms, with one member's term expiring on February 1 of each odd-numbered year.
(b)  A member appointed to fill a vacancy shall hold office for the remainder of that term.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.004 by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter A. Organization of Commission › Section 301.006. Chair

Sec. 301.006.  CHAIR.  (a)  The governor shall designate the chair of the commission from among the members of the commission.  The chair shall serve in that capacity at the pleasure of the governor for a two-year term.  The governor may redesignate the same member to serve consecutive terms.
(b)  Notwithstanding Subsection (a), the member of the commission who represents the public shall serve as chair:
(1)  when the commission acts under:
(A)  Chapter 21;
(B)  Subchapter D, Chapter 61;
(C)  Subchapter D, Chapter 212;
(D)  Chapter 301, Property Code; or
(E)  Subchapter D, Chapter 51; and
(2)  in commission hearings involving unemployment insurance issues regarding tax coverage, contributions, or reimbursements.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.005 and amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 817, Sec. 2.04, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 15, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 16, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 720 (H.B. 2459), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter A. Organization of Commission › Section 301.007. Removal of Commission Members

Sec. 301.007.  REMOVAL OF COMMISSION MEMBERS.  (a)  It is a ground for removal from the commission that a member:
(1)  during any 60-day period, is absent from each commission meeting for which the member received at least 48 hours' notice;
(2)  does not have at the time of taking office the qualifications required by Section 301.002;
(3)  does not maintain during service as a member of the commission the qualifications required by Section 301.002;
(4)  is ineligible for membership on the commission under Section 301.003 or 301.004;
(5)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or
(6)  is absent from more than half of the regularly scheduled meetings of the members that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the members.
(b)  The validity of an action of the commission is not affected by the fact that it was taken when a ground for the removal of a member of the commission existed.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the chair of the potential ground.  The chair shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the chair, the executive director shall notify the next highest ranking member, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.006 and amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 817, Sec. 2.05, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter A. Organization of Commission › Section 301.0075. Member Training

Sec. 301.0075.  MEMBER TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the members until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the legislation that created the commission;
(2)  the programs operated by the commission;
(3)  the role and functions of the commission;
(4)  the rules of the commission, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget for the commission;
(6)  the results of the most recent formal audit of the commission;
(7)  the requirements of:
(A)  the open meetings law, Chapter 551, Government Code;
(B)  the public information law, Chapter 552, Government Code;
(C)  the administrative procedure law, Chapter 2001, Government Code;  and
(D)  other laws relating to public officials, including conflict-of-interest laws;
(8)  civil rights laws relevant to employment programs offered by the commission;  and
(9)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)  A person appointed as a member of the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 2.06, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter A. Organization of Commission › Section 301.008. Application of Sunset Act

Sec. 301.008.  APPLICATION OF SUNSET ACT.  The Texas Workforce Commission is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the commission is abolished September 1, 2027.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1169, Sec. 2.08, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 817, Sec. 1.01, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 4.02, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 2.22, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 17, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter A. Organization of Commission › Section 301.009. Commission Divisions

Sec. 301.009.  COMMISSION DIVISIONS.  (a)  The commission shall have:
(1)  a division of workforce development;
(2)  a division of unemployment compensation; and
(3)  a civil rights division.
(b)  In addition to the divisions listed in Subsection (a), the executive director may establish additional divisions within the commission for effective administration and performance of commission functions.
(c)  The executive director shall appoint the directors of the divisions of the commission.  The directors serve at the pleasure of the executive director.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 18, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter B. Commission Administration › Section 301.021. Donations

Sec. 301.021.  DONATIONS.  (a)  The commission may accept a donation of services, money, or property that the commission determines furthers the lawful objectives of the commission.  The donation must be accepted in an open meeting by a majority of the voting members of the commission and must be reported in the public records of the commission with the name of the donor and the purpose of the donation.
(b)  The commission may not accept a donation from a person who is a party to an administrative proceeding pending before the commission until the 30th day after the date the commission's final order is issued.  The commission may not accept a donation from a person who is a party to a suit in which the commission is also a party.
(c)  The commission may not accept a donation from a for-profit entity that has a contract with the commission or has submitted a bid in response to a pending request for proposal issued by the commission for services or products having a value of not less than $50,000. This subsection does not apply to a contract or bid that relates only to providing child-care services.
(d)  A for-profit entity may not enter into a contract with the commission or submit a bid in response to a request for proposal issued by the commission before the first anniversary of the date of making a donation to the commission unless the contract or bid relates only to providing child-care services.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.021 by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 361, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter B. Commission Administration › Section 301.022. Audit

Sec. 301.022.  AUDIT.  The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.022 by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter B. Commission Administration › Section 301.023. Complaints Against Commission

Sec. 301.023.  COMPLAINTS AGAINST COMMISSION.  (a)  The commission shall maintain a file on each written complaint filed with the commission.  The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the commission;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  an explanation of the reason the file was closed, if the commission closed the file without taking action other than to investigate the complaint.
(b)  The commission shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution.
(c)  The commission, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
Acts 1993, 73rd Leg., ch. 655, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.023 by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 817, Sec. 3.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter B. Commission Administration › Section 301.024. Official Seal; Use of Facsimiles

Sec. 301.024.  OFFICIAL SEAL;  USE OF FACSIMILES.  (a)  The commission has an official seal.  A court shall take judicial notice of the seal.
(b)  The commission may execute, certify, authenticate, or sign, with a facsimile signature and seal, any instrument authorized under this subtitle to be issued by the commission or by an authorized representative of the commission, including a claim, statement, or audit report relating to the establishment or collection of delinquent contributions or penalties.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.024 by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter C. Executive Director; Agency Personnel › Section 301.041. Executive Director; Agency Personnel

Sec. 301.041.  EXECUTIVE DIRECTOR;  AGENCY PERSONNEL.  (a)  The commission shall appoint an executive director to administer the daily operations of the commission in compliance with federal law.
(b)  A reference in this code or another law to the "agency administrator" of the commission means the executive director.
(c)  The executive director may:
(1)  appoint and prescribe the powers and duties of all commission staff, including officers, accountants, attorneys, experts, and other persons as necessary in the performance of the commission's duties;
(2)  delegate authority to a person appointed under this section as the executive director considers reasonable and proper for the effective administration of this title;
(3)  employ and terminate the employment of commission staff members;  and
(4)  bond any person that handles money or signs checks under this title.
(d)  The executive director or a person designated by the executive director shall develop a system of annual performance evaluations based on measurable job tasks.  All merit pay for commission employees must be based on the system established under this subsection.
Acts 1993, 73rd Leg., ch. 265, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(48), eff. Sept. 1, 1995.  Renumbered from Labor Code Sec. 202.041 and amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter C. Executive Director; Agency Personnel › Section 301.042. Access to Certain Criminal History Record Information

Sec. 301.042.  ACCESS TO CERTAIN CRIMINAL HISTORY RECORD INFORMATION.  (a)  The commission may request an applicant for a security sensitive position to provide either a complete set of fingerprints or the applicant's complete name, driver's license number, and social security number.  The executive director may deny employment in a security sensitive position to an applicant who fails to provide the requested fingerprints or information.
(b)  The executive director may use information obtained under this section only to evaluate an applicant for employment in a security sensitive position.  A security sensitive position must be so identified in the job description and in the announcement of the position.
(c)  In this section, "security sensitive position" means a position of employment that requires as an incident of the employment:
(1)  the performance of duties in:
(A)  the automated data processing, controller, or fiscal department;  or
(B)  a position designated to handle receipts or disbursements of cash in a local or regional office;
(2)  access to a computer terminal, if the information available from the terminal is required by law to be confidential;
(3)  access to a master key for access to the premises other than during regular working hours;  or
(4)  the performance of duties considered to be security sensitive by the state auditor or the Inspector General of the United States Department of Labor.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(48), eff. Sept. 1, 1995.  Renumbered from Labor Code Sec. 202.042 and amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter C. Executive Director; Agency Personnel › Section 301.043. Standards of Conduct Information

Sec. 301.043.  STANDARDS OF CONDUCT INFORMATION.  The executive director or the executive director's designee shall provide to the members of the commission and employees of the commission, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.043 and amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 817, Sec. 3.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter C. Executive Director; Agency Personnel › Section 301.044. Career Ladder

Sec. 301.044.  CAREER LADDER.  The executive director shall develop an intra-agency career ladder program for employees of the commission.  The program shall require the intra-agency posting of all nonentry-level positions concurrently with any public posting.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter C. Executive Director; Agency Personnel › Section 301.045. Equal Employment Opportunity Policies

Sec. 301.045.  EQUAL EMPLOYMENT OPPORTUNITY POLICIES.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(a-1)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the commission to avoid the unlawful employment practices described by Chapter 21;  and
(2)  an analysis of the extent to which the composition of the commission's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(b)  The policy statement must:
(1)  be updated annually;
(2)  be reviewed by the Commission on Human Rights for compliance with Subsection (a-1)(1);  and
(3)  be filed with the governor's office.
(c)  The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as part of other biennial reports to the legislature.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 817, Sec. 3.03, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter C. Executive Director; Agency Personnel › Section 301.047. Commission Employees Accountable to Executive Director

Sec. 301.047.  COMMISSION EMPLOYEES ACCOUNTABLE TO EXECUTIVE DIRECTOR.  In performing functions required or authorized by law, employees of the commission are directly accountable to the executive director.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 3.04, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 301 - Texas Workforce Commission › Subchapter D. General Powers and Duties of Commission and Executive Director › Section 301.061. General Powers and Duties of Commission and Executive Director

Sec. 301.061.  GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR.  (a)  The commission shall provide the public with a reasonable opportunity to appear before the commission and speak on any issue under the jurisdiction of the commission.
(b)  The executive director shall:
(1)  administer this title as provided by rules adopted by the commission;
(2)  oversee and manage:
(A)  the daily operation and administrative affairs of the commission;  and
(B)  the implementation of commission policies set by the commission;
(3)  coordinate the activities of the commission staff and hold commission staff accountable for the staff's performance of its duties;
(4)  determine the organization of the agency and methods of procedure of the agency in accordance with this title;  and
(5)  make expenditures necessary for the operation of this title.
(c)  Repealed by Acts 2003, 78th Leg., ch. 817, Sec. 9.01(6).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.061 and amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 817, Sec. 3.05, 3.06, 9.01(c), eff. Sept. 1, 2003.