reglab/statecodes huggingface dataset:
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 314 - Texas Back to Work Program › Section 314.002. Initiative Established

Sec. 314.002.  INITIATIVE ESTABLISHED.  (a)  The Texas Back to Work Program is established within the commission.
(b)  The purpose of the program is to establish public-private partnerships with employers to transition residents of this state from receiving unemployment compensation to becoming employed as members of the workforce.
(c)  An employer that participates in the initiative may receive a wage subsidy for hiring one or more qualified applicants who are unemployed at the time of hire.
(d)  The commission, for the purposes of this section, may use:
(1)  money appropriated to the commission; and
(2)  money that is transferred to the commission from trusteed programs within the office of the governor, including:
(A)  appropriated money from the Texas Enterprise Fund;
(B)  available federal funds; and
(C)  money from other appropriate, statutorily authorized funding sources.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 35.02, eff. September 28, 2011.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 314 - Texas Back to Work Program › Section 314.003. Rules

Sec. 314.003.  RULES.  The commission may adopt rules as necessary to implement this chapter.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 35.02, eff. September 28, 2011.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 315 - Adult Education and Literacy Programs › Section 315.001. Definitions

Sec. 315.001.  DEFINITIONS.  In this chapter:
(1)  "Adult" means any individual who is over the age of compulsory school attendance prescribed by Section 25.085, Education Code.
(2)  "Adult education" means services and instruction provided below the college level for adults by public school districts, public junior colleges, regional education service centers, nonprofit agencies, or community-based organizations.
(3)  "Community-based organization" has the meaning assigned by 20 U.S.C. Section 7801.
Added by Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 315 - Adult Education and Literacy Programs › Section 315.003. Provision of Adult Education Programs

Sec. 315.003.  PROVISION OF ADULT EDUCATION PROGRAMS.  Adult education programs must be provided by public school districts, public junior colleges, regional education service centers, nonprofit agencies, and community-based organizations approved in accordance with state statutes and rules adopted by the commission.  The programs must be designed to meet the education and training needs of adults to the extent possible using available public and private resources.  Bilingual education may be used to instruct students who do not function satisfactorily in English whenever it is appropriate for those students' optimum development.
Added by Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 315 - Adult Education and Literacy Programs › Section 315.004. Adult Education Assessment

Sec. 315.004.  ADULT EDUCATION ASSESSMENT.  The commission shall, in consultation with the Texas Higher Education Coordinating Board and the Texas Education Agency, review the standardized assessment mechanism required under Section 315.002(a)(7) and recommend any changes necessary to align the assessment with the assessments designated under Section 51.334, Education Code, to allow for the proper placement of a student in an adult basic education course or to provide the student with the proper developmental or English as a second language coursework, as appropriate.
Added by Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 1.01, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 842 (H.B. 2223), Sec. 2.10, eff. June 15, 2017.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 315 - Adult Education and Literacy Programs › Section 315.005. Adult Education and Literacy Advisory Committee

Sec. 315.005.  ADULT EDUCATION AND LITERACY ADVISORY COMMITTEE.  (a)  In this section, "advisory committee" means the adult education and literacy advisory committee created under this section.
(b)  The commission shall establish an adult education and literacy advisory committee composed of not more than nine members appointed by the commission.  Members of the advisory committee must have expertise in the field of adult education and literacy and may include adult educators, providers, advocates, current or former adult education and literacy program students, and leaders in the nonprofit community engaged in literacy promotion efforts.  The advisory committee's membership must include at least one representative of the business community and at least one representative of a local workforce development board.
(c)  The advisory committee shall:
(1)  meet at least quarterly;
(2)  report to the commission at least annually; and
(3)  advise the commission on:
(A)  the development of:
(i)  policies and program priorities that support the development of an educated and skilled workforce in this state;
(ii)  statewide curriculum guidelines and standards for adult education and literacy services that ensure a balance of education and workplace skill development;
(iii)  a statewide strategy for improving student transitions to postsecondary education and career and technical education training; and
(iv)  a centralized system for collecting and tracking comprehensive data on adult basic education and literacy program performance outcomes;
(B)  the exploration of potential partnerships with entities in the nonprofit community engaged in literacy promotion efforts, entities in the business community, and other appropriate entities to improve statewide literacy programs; and
(C)  any other issue the commission considers appropriate.
(d)  Chapter 2110, Government Code, does not apply to the size, composition, or duration of the advisory committee.
Added by Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 315 - Adult Education and Literacy Programs › Section 315.006. State Funding

Sec. 315.006.  STATE FUNDING.  (a)  Funds shall be appropriated to implement statewide adult basic education, adult bilingual education, high school equivalency, and high school credit programs to eliminate illiteracy in this state and to implement and support a statewide program to meet the total range of adult needs for adult education and related skill training.  The commission shall ensure that public school districts, public junior colleges, regional education service centers, nonprofit agencies, and community-based organizations have direct and equitable access to those funds.
(b)  In addition to any amount appropriated under Subsection (a), the legislature may appropriate an additional amount to the commission for the purpose of skill training in direct support of industrial expansion and new business development in locations, industries, and occupations designated by the commission, if the training supports the basic purposes of this chapter.  To support the basic purposes of this chapter, the legislature may also appropriate an additional amount to the commission for skill training that is conducted to support the expansion of civilian employment opportunities on United States military reservations.
Added by Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 315 - Adult Education and Literacy Programs › Section 315.007. Performance Incentive Funding

Sec. 315.007.  PERFORMANCE INCENTIVE FUNDING.  (a)  The commission by rule shall develop and establish a performance-based process for annually awarding funds to entities that deliver adult education and literacy services under this chapter.  The process must be designed to reward those entities demonstrating exemplary performance in the delivery of services.
(b)  In developing the process for awarding funds under this section, the commission shall prescribe:
(1)  criteria, including fiscal and programmatic performance criteria, to be used to evaluate the performance by the entities described by Subsection (a); and
(2)  procedures for taking corrective action, including contract termination or the discontinuation of an award of funds, against an entity for the entity's failure to satisfy the performance criteria prescribed under Subdivision (1).
(c)  The criteria prescribed under Subsection (b)(1) for the award of funds to entities described by Subsection (a) based on performance during a program year must include the achievement by an entity of the following enrollment target and performance benchmarks:
(1)  the enrollment in a high school equivalency program or a postsecondary ability to benefit program of at least 25 percent of all students receiving adult education and literacy services from the entity during that program year; and
(2)  the achievement by the end of that program year of a high school equivalency certificate or a postsecondary certificate by at least 70 percent of those students who exit the entity's adult education program during that program year and who are enrolled in a high school equivalency program or a postsecondary ability to benefit program.
(d)  The process developed under this section must require the members of the commission to approve the award of any funds under this chapter.
(e)  In this section, "postsecondary ability to benefit program" means a postsecondary certificate program in which a person who does not have a high school diploma or equivalency certificate and who both qualifies for federal student financial aid and demonstrates on an assessment instrument that the person can pass college-level courses with some support may enroll.
Added by Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 1.01, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1091 (H.B. 1949), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 315 - Adult Education and Literacy Programs › Section 315.008. Service Provider Contracts: Competitive Procurement Requirement

Sec. 315.008.  SERVICE PROVIDER CONTRACTS: COMPETITIVE PROCUREMENT REQUIREMENT.  The commission shall use a competitive procurement process to award a contract to a service provider of an adult education program.
Added by Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 1.01, eff. September 1, 2013.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 316 - Veterans Reemployment Education and Training Courses › Section 316.001. Education and Training Courses

Sec. 316.001.  EDUCATION AND TRAINING COURSES.  (a)  The commission shall develop or approve education and training courses for the veterans reemployment program under Subchapter H-1, Chapter 42A, Code of Criminal Procedure, to assist eligible veterans in obtaining workforce skills and becoming gainfully employed.
(b)  The education and training courses must provide instruction in workforce skills appropriate for veterans with disabilities.
Added by Acts 2019, 86th Leg., R.S., Ch. 361 (H.B. 714), Sec. 3, eff. June 2, 2019.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 317 - Workforce Diploma Pilot Program › Section 317.001. Definitions

Sec. 317.001.  DEFINITIONS.  In this chapter:
(1)  "Adult" means any individual who is over the age of compulsory school attendance prescribed by Section 25.085, Education Code.
(2)  "Program" means the workforce diploma pilot program established under this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 110 (S.B. 1055), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 317 - Workforce Diploma Pilot Program › Section 317.002. Program Establishment and Administration; Purpose

Sec. 317.002.  PROGRAM ESTABLISHMENT AND ADMINISTRATION; PURPOSE.  The commission, in consultation with the Texas Education Agency, shall establish and administer a workforce diploma pilot program under which eligible high school diploma-granting entities participating in the program may be reimbursed for successfully assisting adult students to obtain a high school diploma and develop technical career readiness skills and employability.
Added by Acts 2019, 86th Leg., R.S., Ch. 110 (S.B. 1055), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 317 - Workforce Diploma Pilot Program › Section 317.003. Request for Program Provider Qualifications

Sec. 317.003.  REQUEST FOR PROGRAM PROVIDER QUALIFICATIONS.  Not later than October 15 of each year, the commission shall publish a request for qualifications for providers to participate in the program.
Added by Acts 2019, 86th Leg., R.S., Ch. 110 (S.B. 1055), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 317 - Workforce Diploma Pilot Program › Section 317.004. Provider Eligibility

Sec. 317.004.  PROVIDER ELIGIBILITY.  To be eligible to participate as a provider under the program, a provider must:
(1)  apply to the commission in the manner prescribed by commission rule;
(2)  be a public, nonprofit, or private entity that is:
(A)  authorized under the Education Code or other state law to grant a high school diploma; or
(B)  accredited by a regional accrediting body and working in partnership with an entity described by Paragraph (A);
(3)  have at least two years of experience providing dropout reengagement services to adult students, including recruitment, learning plan development, and proactive coaching and mentoring, leading to the obtainment of a high school diploma;
(4)  be equipped to:
(A)  provide:
(i)  academic skill intake assessment and transcript evaluations;
(ii)  remediation coursework in literacy and numeracy;
(iii)  a research-validated academic resiliency assessment and intervention;
(iv)  employability skills development aligned to employer needs;
(v)  career pathways coursework;
(vi)  preparation for the attainment of industry-recognized credentials; and
(vii)  career placement services; and
(B)  develop a learning plan that integrates academic requirements and career goals; and
(5)  offer a course catalog that includes all courses necessary to meet high school graduation requirements in this state.
Added by Acts 2019, 86th Leg., R.S., Ch. 110 (S.B. 1055), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 137 (H.B. 2575), Sec. 1, 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 317 - Workforce Diploma Pilot Program › Section 317.005. Provider Approval; List of Approved Providers

Sec. 317.005.  PROVIDER APPROVAL; LIST OF APPROVED PROVIDERS.  (a)  Not later than November 15 of each year, the commission shall publish a list of providers approved by the commission to participate in the program during the next calendar year.
(b)  An approved provider maintains approval to participate in the program during a subsequent calendar year without reapplying to the commission unless the provider is removed from the approved provider list as provided by Section 317.008.
Added by Acts 2019, 86th Leg., R.S., Ch. 110 (S.B. 1055), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 317 - Workforce Diploma Pilot Program › Section 317.006. Reimbursement of Program Providers for Student Achievement

Sec. 317.006.  REIMBURSEMENT OF PROGRAM PROVIDERS FOR STUDENT ACHIEVEMENT.  (a)  To the extent money is available for that purpose, the commission shall reimburse each approved provider participating in the program for the achievement of the following milestones by students receiving services from the provider:
(1)  $250 for the completion of a half credit;
(2)  $250 for the completion of an employability skills certification program equal to at least one credit or the equivalent;
(3)  $250 for the attainment of an industry-recognized credential requiring not more than 50 hours of training;
(4)  $500 for the attainment of an industry-recognized credential requiring at least 50 but not more than 100 hours of training;
(5)  $750 for the attainment of an industry-recognized credential requiring more than 100 hours of training; and
(6)  $1,000 for the obtainment of a high school diploma.
(b)  Not later than the 10th calendar day of each month, an approved provider participating in the program shall submit to the commission an invoice for the milestones achieved by the provider's students during the previous calendar month.
(c)  The commission shall reimburse approved program providers in the order in which invoices are received by the commission until all funds available for the program are exhausted.
Added by Acts 2019, 86th Leg., R.S., Ch. 110 (S.B. 1055), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 317 - Workforce Diploma Pilot Program › Section 317.007. Annual Report

Sec. 317.007.  ANNUAL REPORT.  Not later than January 15 of each year, each approved provider that participated in the program during the previous calendar year shall report to the commission the following data regarding the provider's students for that year:
(1)  the number of students for which the provider received reimbursement under the program;
(2)  the total number of credits earned by the students;
(3)  the total number of employability skills certification programs completed by the students;
(4)  the total number of industry-recognized credentials attained by the students in each of the funding tiers described by Sections 317.006(a)(3), (4), and (5); and
(5)  the number of students who obtained a high school diploma.
Added by Acts 2019, 86th Leg., R.S., Ch. 110 (S.B. 1055), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 317 - Workforce Diploma Pilot Program › Section 317.008. Provider Performance Review

Sec. 317.008.  PROVIDER PERFORMANCE REVIEW.  (a)  The commission by rule shall prescribe minimum performance standards for providers participating in the program.  The minimum performance standards must include:
(1)  a graduation rate of at least 50 percent; and
(2)  a program cost per graduate of $7,000 or less.
(b)  For purposes of Subsections (a)(1) and (2), the commission by rule shall develop formulas to make the appropriate calculations.  The graduation rate must be calculated one cohort year in arrears.
(c)  The commission shall review data from each participating approved provider annually to ensure that the services offered by the provider are meeting the minimum performance standards.  If the commission determines that an approved provider did not meet the minimum performance standards in the previous calendar year, the commission shall place the provider on probationary status for the remainder of the current calendar year.
(d)  The commission shall remove from the approved provider list published under Section 317.005 any provider that does not meet the minimum performance standards for two consecutive calendar years.
Added by Acts 2019, 86th Leg., R.S., Ch. 110 (S.B. 1055), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 317 - Workforce Diploma Pilot Program › Section 317.009. Report

Sec. 317.009.  REPORT.  Not later than December 1 of each even-numbered year, the commission shall submit to the legislature a report on the effectiveness of the program.  The commission shall include in the report a recommendation regarding whether the program should be continued, expanded, or terminated.
Added by Acts 2019, 86th Leg., R.S., Ch. 110 (S.B. 1055), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle B - Texas Workforce Commission; Workforce Development; Employment Services › Chapter 317 - Workforce Diploma Pilot Program › Section 317.010. Expiration

Sec. 317.010.  EXPIRATION.  This chapter expires September 1, 2027.
Added by Acts 2019, 86th Leg., R.S., Ch. 110 (S.B. 1055), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 137 (H.B. 2575), Sec. 1, 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 319 - Task Force on Consolidation of Workforce and Social Services › Section 319.001. Definition

Sec. 319.001.  DEFINITION.  In this chapter, "task force" means the task force established under this chapter to develop a plan for the consolidation of workforce development and social services programs in this state.
Added by Acts 2023, 88th Leg., R.S., Ch. 973 (S.B. 2315), Sec. 2, 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 319 - Task Force on Consolidation of Workforce and Social Services › Section 319.002. Task Force Membership; Compensation

Sec. 319.002.  TASK FORCE MEMBERSHIP; COMPENSATION.  (a)  The task force consists of:
(1)  three members appointed by the governor;
(2)  three members appointed by the lieutenant governor; and
(3)  three members appointed by the speaker of the house of representatives.
(b)  A vacancy on the task force must be filled in the same manner as the original appointment.
(c)  Members of the task force serve without compensation or reimbursement for expenses.
Added by Acts 2023, 88th Leg., R.S., Ch. 973 (S.B. 2315), Sec. 2, 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 319 - Task Force on Consolidation of Workforce and Social Services › Section 319.003. Task Force Duties

Sec. 319.003.  TASK FORCE DUTIES.  (a)  The task force shall:
(1)  develop a plan for best courses of action and a regulatory framework for the consolidation of workforce development programs administered by the commission and social services programs administered by the Health and Human Services Commission; and
(2)  make recommendations to the legislature regarding the consolidation of programs described by Subdivision (1).
(b)  The consolidation plan developed by the task force must:
(1)  examine all state resources, including financial, manpower, and technology resources, to determine if those resources are being used effectively and efficiently to achieve the desired outcomes for recipients of the workforce development and social services programs and for the purposes of the programs' intended goals;
(2)  identify opportunities for cost savings or reallocations of resources to improve the effectiveness of the programs by streamlining essential functions and eliminating duplicative efforts;
(3)  identify potential improvements to child-care data systems in order to streamline child-care data collection as necessary to evaluate the need for and availability of subsidized and unsubsidized child care for recipients of program services;
(4)  be designed to improve the delivery of the programs by ensuring that applicants for and recipients of the services provided are better served by having access to a single point of contact case manager for all services sought or received; and
(5)  identify the changes to federal law that would be necessary to implement the consolidation plan.
Added by Acts 2023, 88th Leg., R.S., Ch. 973 (S.B. 2315), Sec. 2, 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 319 - Task Force on Consolidation of Workforce and Social Services › Section 319.004. Administrative Support

Sec. 319.004.  ADMINISTRATIVE SUPPORT.  The commission and the Health and Human Services Commission shall provide staff and administrative support as necessary to enable the task force to carry out its duties under this chapter, including by providing:
(1)  meeting space;
(2)  staff to assist the task force in conducting research and drafting the consolidation plan and related materials; and
(3)  funding available from existing resources appropriated to the commission or the Health and Human Services Commission to pay for costs associated with the task force's functions.
Added by Acts 2023, 88th Leg., R.S., Ch. 973 (S.B. 2315), Sec. 2, 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 319 - Task Force on Consolidation of Workforce and Social Services › Section 319.005. Report to Legislature

Sec. 319.005.  REPORT TO LEGISLATURE.  Not later than December 31, 2024, the task force shall prepare and submit to the legislature a report that includes:
(1)  a description of the activities of the task force;
(2)  the consolidation plan developed by the task force; and
(3)  the findings and recommendations of the task force.
Added by Acts 2023, 88th Leg., R.S., Ch. 973 (S.B. 2315), Sec. 2, 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 319 - Task Force on Consolidation of Workforce and Social Services › Section 319.006. Expiration

Sec. 319.006.  EXPIRATION.  The task force is abolished and this chapter expires September 1, 2025.
Added by Acts 2023, 88th Leg., R.S., Ch. 973 (S.B. 2315), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 351 - General Provisions; Responsibility for Administration of Services › Section 351.001. Definitions

Sec. 351.001.  DEFINITIONS.  In this subtitle:
(1)  "Department" means the Department of Assistive and Rehabilitative Services.
(2)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 351 - General Provisions; Responsibility for Administration of Services › Section 351.002. Responsibility for Administration of Services and Programs

Sec. 351.002.  RESPONSIBILITY FOR ADMINISTRATION OF SERVICES AND PROGRAMS.  (a)  Notwithstanding any other provision of this subtitle, the department shall administer the services and programs under this subtitle until September 1, 2016.  On that date, the department shall cease administering the services and programs and the commission shall begin administering the services and programs, subject to receipt of any required federal approval.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 351 - General Provisions; Responsibility for Administration of Services › Section 351.003. Designated State Unit for Vocational Rehabilitation Services

Sec. 351.003.  DESIGNATED STATE UNIT FOR VOCATIONAL REHABILITATION SERVICES.  In accordance with the requirements of the federal Rehabilitation Act of 1973 (29 U.S.C. Section 701 et seq.), the commission shall establish a designated state unit within the commission that:
(1)  is an organizational unit designated to be primarily responsible for and concerned with vocational rehabilitation of individuals with disabilities;
(2)  has a full-time director;
(3)  has a staff employed on the rehabilitation work of the organizational unit, all or substantially all of whom are employed full-time on such work; and
(4)  is located at an organizational level and has an organizational status within the commission comparable to that of other major organizational units of the commission.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 351 - General Provisions; Responsibility for Administration of Services › Section 351.005. Meaning of Certain References in Law

Sec. 351.005.  MEANING OF CERTAIN REFERENCES IN LAW.  Until the administration of this subtitle is transferred from the department to the commission, a reference to the commission or the executive director in this subtitle means the department, commissioner of assistive and rehabilitative services, or executive commissioner, as applicable.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter A. General Provisions › Section 352.002. Purpose

Sec. 352.002.  PURPOSE.  It is the policy of this state to provide vocational rehabilitation services to eligible individuals with disabilities so that those individuals may prepare for and engage in a gainful occupation.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter A. General Provisions › Section 352.003. Rehabilitation Council of Texas

Sec. 352.003.  REHABILITATION COUNCIL OF TEXAS.  (a)  The Rehabilitation Council of Texas operates in accordance with the federal Rehabilitation Act Amendments of 1992, Pub. L. No. 102-569, and the federal Rehabilitation Act Amendments of 1998, Pub. L. No. 105-220.
(b)  The Rehabilitation Council of Texas shall report to and advise the commission on the council's activities and the results of the council's work.  For the purpose of performing its advisory functions, the council shall work with the commission, the executive director, and other commission staff.
(c)  The commission shall adopt rules for the administration of the council.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter A. General Provisions › Section 352.004. Receipt and Disbursement of State and Federal Funds

Sec. 352.004.  RECEIPT AND DISBURSEMENT OF STATE AND FEDERAL FUNDS.  (a)  The comptroller is custodian of federal funds received by the state to implement federal law relating to vocational rehabilitation.
(b)  The commission shall certify for disbursement funds available for the vocational rehabilitation program in accordance with regulations.
(c)  The comptroller shall disburse state and federal vocational rehabilitation funds on certification by the commission.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter A. General Provisions › Section 352.005. Gifts, Donations, and Other Money

Sec. 352.005.  GIFTS, DONATIONS, AND OTHER MONEY.  (a)  The commission shall deposit all money paid to the commission under this chapter in the state treasury.  The money may be used only for the administration of this chapter.
(b)  The commission may receive and use gifts and donations for carrying out the purposes of this chapter.  A person may not receive payment for solicitation of any funds.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter A. General Provisions › Section 352.006. Misuse of Information

Sec. 352.006.  MISUSE OF INFORMATION.  Except for purposes directly connected with the administration of the vocational rehabilitation program and according to commission rules, no person may solicit, disclose, receive, use, or knowingly permit the use of records or other information concerning an applicant for or recipient of vocational rehabilitation services that is directly or indirectly acquired by an officer or employee of the state or its political subdivisions in the course of the person's official duties.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter A. General Provisions › Section 352.007. Criminal History Record Information

Sec. 352.007.  CRIMINAL HISTORY RECORD INFORMATION.  (a)  The commission may obtain criminal history record information from the Texas Department of Criminal Justice and the Texas Department of Public Safety if the criminal history records relate to:
(1)  an applicant selected for employment with the commission whose potential duties include direct contact with clients to provide vocational rehabilitation services or other services under this subtitle;
(2)  an applicant for vocational rehabilitation services or other services under this subtitle from the commission; or
(3)  a client receiving vocational rehabilitation services or other services under this subtitle.
(b)  The Texas Department of Criminal Justice and the Texas Department of Public Safety on request shall supply to the commission criminal history record information relating to applicants selected for employment with the commission whose potential duties include direct contact with clients to provide vocational rehabilitation services, applicants for vocational rehabilitation services from the commission, or vocational rehabilitation clients of the commission.  The commission shall treat all criminal history record information as privileged and confidential and for commission use only.
(c)  The commission by rule shall establish criteria for denying a person's application for employment with the commission to provide vocational rehabilitation services based on criminal history record information obtained as authorized by this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter A. General Provisions › Section 352.008. Hearings

Sec. 352.008.  HEARINGS.  An applicant for or recipient of vocational rehabilitation services who is aggrieved by an action or inaction under this chapter is entitled to a hearing by the commission in accordance with law.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter B. General Powers and Duties › Section 352.051. Vocational Rehabilitation Program for Individuals With Disabilities

Sec. 352.051.  VOCATIONAL REHABILITATION PROGRAM FOR INDIVIDUALS WITH DISABILITIES.  (a)  The commission shall conduct a program to provide vocational rehabilitation services to eligible individuals with disabilities.
(b)  To achieve the purposes of the program, the commission may:
(1)  cooperate with other public and private agencies in studying the problems involved in providing vocational rehabilitation and in establishing, developing, and providing necessary or desirable facilities and services;
(2)  enter into reciprocal agreements with other states to provide vocational rehabilitation for the residents of the states concerned; and
(3)  conduct research and compile statistics relating to the vocational rehabilitation of individuals with disabilities.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter B. General Powers and Duties › Section 352.052. Cooperation With Federal Government; Obtaining Federal Funds

Sec. 352.052.  COOPERATION WITH FEDERAL GOVERNMENT; OBTAINING FEDERAL FUNDS.  (a)  The commission shall cooperate with the federal government to accomplish the purposes of federal laws relating to vocational rehabilitation for individuals with disabilities and closely related activities.
(b)  The commission shall negotiate agreements or plans with the federal government and shall use efficient methods of administration and comply with other conditions required to secure the full benefits of the federal laws.  If the commission determines that a provision of state law precludes conformity with a federal requirement and limits federal financial support, the commission may waive or modify the state law to the extent necessary to obtain the full benefits of the federal law.
(c)  The commission may comply with any requirements necessary to obtain federal funds to be used for vocational rehabilitation services in the maximum amount and most advantageous proportion possible.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter B. General Powers and Duties › Section 352.053. Contracts for Service

Sec. 352.053.  CONTRACTS FOR SERVICE.  (a)  The commission shall include in its contracts with service providers under this chapter provisions relating to:
(1)  clearly defined and measurable program performance standards that directly relate to the service provided;
(2)  clearly defined penalties for nonperformance of a contract term; and
(3)  clearly specified accounting, reporting, and auditing requirements applicable to money received under the contract.
(b)  The commission shall monitor a service provider's performance under a contract for service under this chapter.  In monitoring performance, the commission shall:
(1)  use a risk-assessment methodology to institute statewide monitoring of contract compliance of service providers; and
(2)  evaluate service providers based on clearly defined and measurable program performance objectives.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter B. General Powers and Duties › Section 352.054. Rates for Medical Services

Sec. 352.054.  RATES FOR MEDICAL SERVICES.  (a)  The commission by rule shall adopt standards governing the determination of rates paid for medical services provided under this chapter.  The rules must provide for an annual reevaluation of the rates.
(b)  The commission shall establish a schedule of rates based on the standards adopted under Subsection (a).  In adopting the rate schedule, the commission shall:
(1)  compare the proposed rate schedule to other cost-based and resource-based rates for medical services, including rates paid under Medicaid and the Medicare program; and
(2)  for any rate adopted that exceeds the Medicaid or Medicare rate for the same or a similar service, document the reasons why the adopted rate reflects consideration of the best value, provider availability, and consumer choice.
(c)  The commission shall provide notice to interested persons and allow those persons to present comments before adopting the standards and schedule of rates under Subsections (a) and (b).
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter B. General Powers and Duties › Section 352.055. Contract Payment

Sec. 352.055.  CONTRACT PAYMENT.  The commission shall base payment under a contract for vocational rehabilitation services on outcome-based performance standards defined in the contract.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter B. General Powers and Duties › Section 352.056. Contracts for Adaptive Technology

Sec. 352.056.  CONTRACTS FOR ADAPTIVE TECHNOLOGY.  The commission shall include in a contract under this chapter with a supplier of adaptive technology equipment provisions that require the supplier to provide training for clients receiving the adaptive technology equipment.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter B. General Powers and Duties › Section 352.057. Loans for Visual AIDS

Sec. 352.057.  LOANS FOR VISUAL AIDS.  (a)  The commission may establish a program to make loans to finance the purchase of technological aids for individuals with visual impairments.  Interest on the loans may not exceed 10 percent per year.
(b)  The commission may adopt rules to administer the loan program.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter B. General Powers and Duties › Section 352.058. Subrogation

Sec. 352.058.  SUBROGATION.  (a)  By providing a person rehabilitation services, including medical care services, under this subchapter, the commission is subrogated to the person's right of recovery from:
(1)  personal insurance;
(2)  another person for personal injury caused by the other person's negligence or wrongdoing; or
(3)  any other source.
(b)  The commission's right of subrogation is limited to the cost of the services provided.
(c)  The commission may totally or partially waive the commission's right of subrogation when the commission finds that enforcement would tend to defeat the purpose of rehabilitation.
(d)  The commission may adopt rules for the enforcement of the commission's right of subrogation.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter B. General Powers and Duties › Section 352.059. Work Incentives and Supplemental Security Income (Ssi)

Sec. 352.059.  WORK INCENTIVES AND SUPPLEMENTAL SECURITY INCOME (SSI).  The commission shall employ a person at the commission's central office to:
(1)  train counselors to understand and use work incentives; and
(2)  review cases to ensure that commission clients are informed of the availability of and assisted in obtaining work incentives and Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et seq.).
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle C - Vocational Rehabilitation and Certain Other Services for Persons With Disabilities › Chapter 352 - Vocational Rehabilitation Services › Subchapter C. Provision of and Eligibility for Vocational Rehabilitation Services › Section 352.102. Eligibility for Vocational Rehabilitation Services

Sec. 352.102.  ELIGIBILITY FOR VOCATIONAL REHABILITATION SERVICES.  The commission shall provide vocational rehabilitation services to individuals with disabilities eligible for those services under federal law.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 25, eff. September 1, 2015.