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 301 - Texas Workforce Commission › Subchapter D. General Powers and Duties of Commission and Executive Director › Section 301.0611. Coordination of Certain Awards and Incentives

Sec. 301.0611.  COORDINATION OF CERTAIN AWARDS AND INCENTIVES.  The commission, in cooperation with the Texas Education Agency, the comptroller, and the Texas Higher Education Coordinating Board, shall prepare and make available to the public a list of all awards and incentives available for business participation in:
(1)  a school district's career and technology education program under Subchapter F, Chapter 29, Education Code;  or
(2)  any other career and technology education training.
Added by Acts 2003, 78th Leg., ch. 61, Sec. 9, 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 301.0615. Application of Administrative Procedure Act

Sec. 301.0615.  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.  (a)  Except as otherwise provided by this title, a hearing conducted under this title is not subject to:
(1)  Section 2001.038, Government Code;  or
(2)  Subchapters C-H, Chapter 2001, Government Code.
(b)  A commission order or decision that results from a hearing conducted under this title is not subject to the requirements imposed under:
(1)  Section 2001.004(3), Government Code;  or
(2)  Section 2001.005, Government Code.
Added by Acts 1997, 75th Leg., ch. 631, 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 D. General Powers and Duties of Commission and Executive Director › Section 301.062. Findings

Sec. 301.062.  FINDINGS.  Both the commission and the executive director may make findings and determine issues under this title as necessary to administer this title.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.062 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 D. General Powers and Duties of Commission and Executive Director › Section 301.063. State and Federal Cooperation

Sec. 301.063.  STATE AND FEDERAL COOPERATION.  (a)  The commission is designated as the agency of this state for implementation in this state of:
(1)  the Wagner-Peyser Act (29 U.S.C. Section 49 et seq.);  and
(2)  the Job Training Partnership Act (29 U.S.C. Section 1501 et seq.).
(b)  In administering this title the commission and executive director shall:
(1)  cooperate with the secretary under the Social Security Act (42 U.S.C. Section 301 et seq.) to the fullest extent consistent with this title;
(2)  make reports in the form and containing information required by the secretary and comply with provisions the secretary finds necessary to ensure that the reports are correct and verified;
(3)  comply with the regulations prescribed by the secretary governing the expenditures of funds allotted and paid to the state under Title III of the Social Security Act (42 U.S.C. Section 501 et seq.) to assist in the administration of this title;  and
(4)  cooperate with any official or agency of the United States having powers or duties under the Wagner-Peyser Act (29 U.S.C. Section 49 et seq.) and take all actions necessary to secure to this state the benefits of that Act and necessary to perform the commission's duties under Chapter 307.
(c)  The commission may provide reasonable cooperation to each agency of the United States charged with the administration of any unemployment insurance law.
(d)  On request, the commission shall furnish to an agency of the United States responsible for the administration of public works or assistance through public employment the name, address, ordinary occupation, and employment status of each recipient of benefits, including each nonrecipient parent as defined by Section 31.0021, Human Resources Code, who is receiving benefits, and shall inform the agency of the recipient's right to further benefits under Subtitle A.
(e)  In this section, "secretary" means the United States secretary of labor.
(f)  The commission shall contract with the Texas Department of Transportation for the Texas Department of Transportation to deliver public transportation services to clients of eligible programs, except that the Texas Department of Transportation may not assume responsibility for client case review, case management, or coordination or authorization of benefits.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.063 and amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 13.11, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 4.09, eff. June 14, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1300 (S.B. 589), Sec. 8, eff. June 15, 2007.
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 301.064. Interpreter Services; Bilingual Forms

Sec. 301.064.  INTERPRETER SERVICES;  BILINGUAL FORMS.  (a)  The executive director shall provide language interpreters for agency programs through a comprehensive language services program for persons whose primary language is Spanish and may provide language interpreters through the program for agency programs for persons whose primary language is other than Spanish or English.
(b)  The language services program must provide services, including translation services, both to employers and to employees or prospective employees.
(c)  The executive director shall print essential agency forms and instructional information in both English and Spanish.  A form shall be written in Spanish only when revised or when new or additional forms are printed or prepared.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.064 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 D. General Powers and Duties of Commission and Executive Director › Section 301.065. Annual Report

Sec. 301.065.  ANNUAL REPORT.  (a)  As soon as practicable after the close of each fiscal year, the commission shall submit to the governor and the legislature a report on the administration and operation of the commission's activities under this title during the preceding fiscal year, including each recommendation of the commission for amendments to this title.
(b)  The annual report must include:
(1)  a balance sheet of the money in the compensation fund;
(2)  the commission's long-term and short-term objectives;  and
(3)  any other information requested by the legislature or the Legislative Budget Board.
(c)  At the time the commission submits the annual report under this section, the commission shall submit to the governor and the legislature a separate supplemental annual report consisting of any information required by other law to be included in the supplemental annual report.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.065 and amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 266 (S.B. 1413), Sec. 2, 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 301 - Texas Workforce Commission › Subchapter D. General Powers and Duties of Commission and Executive Director › Section 301.066. Publications

Sec. 301.066.  PUBLICATIONS.  (a)  The executive director shall print:
(1)  the text of Subtitle A;
(2)  the commission's rules;  and
(3)  the commission's annual report to the governor and the legislature.
(b)  The executive director shall prepare information describing the functions of the commission and the commission's procedures by which complaints are filed with and resolved by the commission.
(c)  The executive director shall make the information required to be printed or prepared under this section and any other material that the executive director determines to be relevant and suitable for distribution available to the public and appropriate state agencies.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.066 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 D. General Powers and Duties of Commission and Executive Director › Section 301.067. Tax Assistance; Information on Earned Income Tax Credit

Sec. 301.067.  TAX ASSISTANCE;  INFORMATION ON EARNED INCOME TAX CREDIT.  (a)  The commission may work in conjunction with the Internal Revenue Service to make certain offices of the commission volunteer income tax assistance sites during the two months preceding the date federal income taxes are due.
(b)  In conjunction with the comptroller's office, the commission may use existing resources to distribute information and educational materials on the federal earned income tax credit provided by the comptroller under Section 403.025, Government Code, to local workforce development boards and workforce development centers for use in providing federal income tax assistance to persons who participate in workforce development programs.
(c)  In addition to providing information under Subsection (b) to a person who participates in a workforce development program, the commission may provide the information to any other person who uses services provided through the commission.
(d)  The commission may adopt rules as necessary to implement this section, including rules regarding the information that employers must provide under Chapter 104 regarding employee eligibility for the federal earned income tax credit.
Added by Acts 1997, 75th Leg., ch. 1321, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(33), eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1300 (H.B. 2360), Sec. 2, eff. September 1, 2009.
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 301.0671. Federal Work Opportunity Tax Credit and State Tax Refund for Certain Employers

Sec. 301.0671.  FEDERAL WORK OPPORTUNITY TAX CREDIT AND STATE TAX REFUND FOR CERTAIN EMPLOYERS.  (a)  The commission is the lead agency in promoting awareness of the federal work opportunity tax credit program and the state tax refund for employers under Subchapter H.
(b)  The commission, in coordination with the comptroller's office and the Texas Department of Human Services, shall develop and distribute educational materials designed to increase awareness of the tax credit and tax refund described by Subsection (a) to encourage employers to hire recipients of the financial assistance program for persons with dependent children under Chapter 31, Human Resources Code.
Added by Acts 1997, 75th Leg., ch. 228, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Labor Code Sec. 301.067 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(81), eff. Sept. 1, 1999.
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 301.0675. Vocational Rehabilitation and Certain Other Services for Persons With Disabilities

Sec. 301.0675.  VOCATIONAL REHABILITATION AND CERTAIN OTHER SERVICES FOR PERSONS WITH DISABILITIES.  Subject to federal approval, if required, to administer vocational rehabilitation services and other services and programs to persons with disabilities under Subtitle C, Title 4, the commission has primary responsibility for providing those services and programs.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 19, eff. September 1, 2016.
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 301.0681. Policy on Technological Solutions

Sec. 301.0681.  POLICY ON TECHNOLOGICAL SOLUTIONS.  The commission shall develop and implement a policy requiring the executive director and commission employees to research and propose appropriate technological solutions to improve the commission's ability to perform its functions.  The technological solutions must:
(1)  ensure that:
(A)  the public is able to easily find information about the commission on the Internet;  and
(B)  persons who want to use the commission's services are able to:
(i)  interact with the commission through the Internet;  and
(ii)  access any service that can be provided effectively through the Internet;
(2)  be cost-effective;  and
(3)  be developed through the commission's planning processes.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 3.07, 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 301.0682. Negotiated Rulemaking and Alternative Dispute Resolution Policy

Sec. 301.0682.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of the commission's rules;  and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction, other than proceedings conducted by the commission under Title 2 and this title of this code that are not subject to Subchapters C-H, Chapter 2001, Government Code.
(b)  The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commission shall designate a trained person to:
(1)  coordinate the implementation of the policy developed under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution;  and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the commission.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 3.07, 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 301.069. Partnership With Business Community

Sec. 301.069.  PARTNERSHIP WITH BUSINESS COMMUNITY.  To meet the needs of businesses in this state and to equip workers and job seekers with the skills required to compete for jobs in this state, the commission shall:
(1)  partner with the business community to:
(A)  identify:
(i)  skills required by the business community;
(ii)  key industry sectors in the business community that are likely to benefit from skill development services and programs offered by the commission;  and
(iii)  employment opportunities offered by the business community;  and
(B)  develop services and programs that are designed to equip workers and job seekers with the skills required by the business community;  and
(2)  support business and community economic development activities of local workforce development boards and the state.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 3.07, 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 301.070. Information Regarding Veteran's Employment Preference Policies

Sec. 301.070.  INFORMATION REGARDING VETERAN'S EMPLOYMENT PREFERENCE POLICIES.  The commission shall make available on its website a list of each private employer who has provided notice under Section 23.002(c) regarding a veteran's employment preference policy.
Added by Acts 2017, 85th Leg., R.S., Ch. 387 (S.B. 588), Sec. 3, eff. September 1, 2017.
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 E. Investigative and Subpoena Powers › Section 301.071. Investigative and Subpoena Powers

Sec. 301.071.  INVESTIGATIVE AND SUBPOENA POWERS.  (a)  In discharging duties imposed under this title, an appeal tribunal established under this title, an examiner or other hearings officer employed or appointed by the commission or the executive director, a member of the commission, or a representative authorized by the commission may:
(1)  administer oaths;
(2)  take depositions;
(3)  certify to official acts;  and
(4)  issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary as evidence in connection with a disputed claim or the administration of this title.
(b)  The commission's authority to conduct an investigation, assemble information, or require the submission of documentary or oral testimony is limited to the power necessary to properly administer this title.
(c)  Notwithstanding Section 154.004, Local Government Code, or any other law, the executive director shall pay the fee of a sheriff or constable who serves a subpoena under this section.  The fee shall be paid from the commission's administrative funds, and the comptroller shall issue a warrant for the fee as directed by the executive director.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.071 and amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 631, Sec. 2, 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 E. Investigative and Subpoena Powers › Section 301.072. Enforcement of Subpoena; Offense; Penalties

Sec. 301.072.  ENFORCEMENT OF SUBPOENA;  OFFENSE;  PENALTIES.  (a)  If a person is guilty of contumacy or refuses to obey a subpoena issued by a member of the commission or an authorized representative of the commission, a county or district court, on application by the commission or its authorized representative, may order the person to appear before a member of the commission, the commission, or its authorized representative to produce evidence or give testimony regarding the matter under investigation or in question.  Only a court within the jurisdiction where the commission conducts the inquiry or where the person is found, resides, or transacts business may issue the order.
(b)  Failure to obey a court order issued under Subsection (a) is punishable as contempt.
(c)  A person commits an offense if the person, without just cause, does not obey a subpoena of the commission.  An offense under this subsection is punishable by a fine of not less than $200, by confinement for not more than 60 days, or by both fine and confinement.  Each day of violation constitutes a separate offense.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.072 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 E. Investigative and Subpoena Powers › Section 301.073. Self-Incrimination

Sec. 301.073.  SELF-INCRIMINATION.  (a)  In any cause or proceeding before the commission, a person is not excused from attending and testifying, from producing books, papers, correspondence, memoranda, and other records, or from obeying a subpoena of the commission, a member of the commission, or a representative of the commission on the ground that the testimony or evidence, documentary or otherwise, may tend to incriminate the person or subject the person to a penalty or forfeiture.
(b)  A person may not be prosecuted or subjected to penalty or forfeiture for or because of a transaction or thing for which the person is compelled to testify or produce evidence after having claimed a privilege against self-incrimination except for perjury.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.073 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 E. Investigative and Subpoena Powers › Section 301.074. Defamation

Sec. 301.074.  DEFAMATION.  An oral or written statement made to the commission or to an employee of the commission in connection with the discharge of the commission's or the employee's duties under Subtitle A may not be the basis for an action for defamation of character.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.074 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 F. Records › Section 301.081. Employee Records of Employing Unit; Offense; Penalty

Sec. 301.081.  EMPLOYEE RECORDS OF EMPLOYING UNIT;  OFFENSE;  PENALTY.  (a)  Each employing unit shall keep employment records containing information as prescribed by the commission and as necessary for the proper administration of this title.  The records are open to inspection and may be copied by the commission or an authorized representative of the commission at any reasonable time and as often as necessary.
(b)  The commission may require from an employing unit sworn or unsworn reports regarding persons employed by the employing unit as necessary for the effective administration of this title.
(c)  Employment information obtained or otherwise secured under this section may not be published and is not open to public inspection, other than to a public employee in the performance of public duties, except as the commission considers necessary for the proper administration of this title or as provided by commission rule and consistent with federal law.
(d)  A person commits an offense if the person violates any provision of this section.  An offense under this subsection is a Class A misdemeanor.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.091 and amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1052 (H.B. 2120), Sec. 3, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1333 (S.B. 1619), Sec. 1, eff. September 1, 2007.
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 F. Records › Section 301.082. Copies of Records

Sec. 301.082.  COPIES OF RECORDS.  (a)  The executive director may furnish a photostatic or certified copy of a record in the commission's possession to a person entitled to receive a copy of the record on application by the person.
(b)  The executive director shall charge a reasonable fee in an amount set by the commission for a copy of a record furnished under this section.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.092 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 F. Records › Section 301.083. Access to Records by Railroad Retirement Board

Sec. 301.083.  ACCESS TO RECORDS BY RAILROAD RETIREMENT BOARD.  (a)  The executive director may make state records relating to the administration of Subtitle A available to the Railroad Retirement Board.
(b)  The executive director may furnish the Railroad Retirement Board with copies of the records requested by the board at the board's expense.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.093 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 F. Records › Section 301.084. Destruction of Records

Sec. 301.084.  DESTRUCTION OF RECORDS.  The executive director may destroy any of the records of the agency under safeguards that protect the confidential nature of the records if the executive director:
(1)  determines that the records no longer serve a legal, administrative, or other useful purpose;  or
(2)  has made an authentic reproduction of the records to be destroyed.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Labor Code Sec. 202.094 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 F. Records › Section 301.086. Provision of Certain Information to Comptroller

Sec. 301.086.  PROVISION OF CERTAIN INFORMATION TO COMPTROLLER.  (a)  Not later than June 1 of every fifth year, the commission shall provide to the comptroller, for the purpose of assisting the comptroller in the identification of persons entitled to unclaimed property reported to the comptroller, the name, address, social security number, and date of birth of each person about whom the commission has such information in its records.
(b)  Information provided to the comptroller under this section is confidential and may not be disclosed to the public.
(c)  The commission shall provide the information in the format prescribed by rule of the comptroller.
Added by Acts 2009, 81st Leg., R.S., Ch. 232 (S.B. 1589), Sec. 8, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 47.03, 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 301 - Texas Workforce Commission › Subchapter H. Tax Refund for Wages Paid to Employee Receiving Financial Assistance › Section 301.101. Definition

Sec. 301.101.  DEFINITION.  In this subchapter, "wages" has the meaning assigned by Sections 51(c)(1), (2), and (3), Internal Revenue Code of 1986 (26 U.S.C. Section 51).
Added by Acts 1993, 73rd Leg., ch. 486, Sec. 4.01, eff. Jan. 1, 1994.  Redesignated from Human Resources Code Sec. 31.071 by Acts 1997, 75th Leg., ch. 228, Sec. 2, 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 H. Tax Refund for Wages Paid to Employee Receiving Financial Assistance › Section 301.102. Tax Refund Voucher

Sec. 301.102.  TAX REFUND VOUCHER.  (a)  The commission shall issue a tax refund voucher in the amount allowed by this subchapter and subject to the restrictions imposed by this subchapter to a person that meets the eligibility requirements under this subchapter.
(b)  A person issued a tax refund voucher may, subject to the provisions of this subchapter, apply for the amount of the refund of a tax that is paid by the person to this state if the tax is administered by the comptroller and deposited to the credit of the general revenue fund without dedication.
Added by Acts 1993, 73rd Leg., ch. 486, Sec. 4.01, eff. Jan. 1, 1994.  Redesignated from Human Resources Code Sec. 31.072 and amended by Acts 1997, 75th Leg., ch. 228, Sec. 2, 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 H. Tax Refund for Wages Paid to Employee Receiving Financial Assistance › Section 301.103. Amount of Refund; Limitation

Sec. 301.103.  AMOUNT OF REFUND;  LIMITATION.  (a)  The amount of the refund allowed under this subchapter is equal to 20 percent of the total wages, up to a maximum of $10,000 in wages for each employee, paid or incurred by a person for services rendered by an employee of the person during the period beginning with the date the employee begins work for the person and ending on the first anniversary of that date.
(b)  The refund claimed for a calendar year may not exceed the amount of net tax paid by the person to this state, after any other applicable tax credits, in that calendar year.
Added by Acts 1993, 73rd Leg., ch. 486, Sec. 4.01, eff. Jan. 1, 1994.  Redesignated from Human Resources Code Sec. 31.073 by Acts 1997, 75th Leg., ch. 228, Sec. 2, 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 H. Tax Refund for Wages Paid to Employee Receiving Financial Assistance › Section 301.104. Eligibility

Sec. 301.104.  ELIGIBILITY.  A person is eligible for the refund for wages paid or incurred by the person, during each calendar year for which the refund is claimed, only if:
(1)  the wages paid or incurred by the person are for services of an employee who is:
(A)  a resident of this state;  and
(B)  a recipient of:
(i)  financial assistance and services in accordance with Chapter 31, Human Resources Code;  or
(ii)  medical assistance in accordance with Chapter 32, Human Resources Code;
(2)  the person satisfies the certification requirements under Section 301.105;  and
(3)  the person, under an arrangement under Section 32.0422, Human Resources Code, provides and pays for the benefit of the employee a part of the cost of coverage under:
(A)  a health plan provided by a health maintenance organization established under Chapter 843, Insurance Code;
(B)  a health benefit plan approved by the commissioner of insurance;
(C)  a self-funded or self-insured employee welfare benefit plan that provides health benefits and is established in accordance with the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.);  or
(D)  a medical savings account or other health reimbursement arrangement authorized by law.
Added by Acts 1993, 73rd Leg., ch. 486, Sec. 4.01, eff. Jan. 1, 1994.  Redesignated from Human Resources Code Sec. 31.074 and amended by Acts 1997, 75th Leg., ch. 228, Sec. 2, eff. Jan. 1, 1998;  Acts 2001, 77th Leg., ch. 1165, Sec. 4, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 817, Sec. 3A.02, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 10A.535, 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 H. Tax Refund for Wages Paid to Employee Receiving Financial Assistance › Section 301.105. Certification

Sec. 301.105.  CERTIFICATION.  A person is not eligible for the refund for wages paid or incurred by the person unless the person has received a written certification from the commission that the employee is a recipient of medical assistance or financial assistance and services on or before the day the employee begins employment with the person.
Added by Acts 1993, 73rd Leg., ch. 486, Sec. 4.01, eff. Jan. 1, 1994.  Redesignated from Human Resources Code Sec. 31.075 and amended by Acts 1997, 75th Leg., ch. 228, Sec. 2, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 817, Sec. 3A.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 H. Tax Refund for Wages Paid to Employee Receiving Financial Assistance › Section 301.106. Application for Refund; Issuance

Sec. 301.106.  APPLICATION FOR REFUND;  ISSUANCE.  (a)  A person may apply for a tax refund voucher for wages paid an employee in a calendar year only on or after January 1 and before April 1 of the following calendar year.
(b)  The commission shall promulgate a form for the application for the tax refund voucher.  A person must use this form in applying for the refund.
(c)  On issuance of the tax refund voucher to the person by the commission, the person may apply the voucher against a tax paid by the person to this state only for the calendar year for which the voucher is issued.
Added by Acts 1993, 73rd Leg., ch. 486, Sec. 4.01, eff. Jan. 1, 1994.  Redesignated from Human Resources Code Sec. 31.076 and amended by Acts 1997, 75th Leg., ch. 228, Sec. 2, 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 H. Tax Refund for Wages Paid to Employee Receiving Financial Assistance › Section 301.107. Rules

Sec. 301.107.  RULES.  (a)  The commission shall adopt rules as necessary to carry out its powers and duties under this subchapter.
(b)  The Texas Department of Human Services shall provide to the commission information as necessary to enable the commission to determine whether a person is eligible for the tax refund authorized by this subchapter.
Added by Acts 1997, 75th Leg., ch. 228, Sec. 2, 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 H. Tax Refund for Wages Paid to Employee Receiving Financial Assistance › Section 301.108. Limitation on Conveyance, Assignment, or Transfer of Refund

Sec. 301.108.  LIMITATION ON CONVEYANCE, ASSIGNMENT, OR TRANSFER OF REFUND.  A person may convey, assign, or transfer a refund under this subchapter to another person only if:
(1)  the employing unit is sold, conveyed, assigned, or transferred, in the same transaction or in a related transaction, to the person to whom the refund is conveyed, assigned, or transferred;  or
(2)  the person to whom the refund is conveyed, assigned, or transferred:
(A)  is subject to a tax administered by the comptroller and deposited to the credit of the general revenue fund without dedication;  and
(B)  directly or indirectly owns, controls, or otherwise directs, in whole or in part, an interest in the person from whom the refund is conveyed, assigned, or transferred.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 3A.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 I. Civil Rights Division › Section 301.151. Definitions

Sec. 301.151.  DEFINITIONS.  In this subchapter:
(1)  "Director" means the director of the division.
(2)  "Division" means the civil rights division of the commission.
(3)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1138 , Sec. 30(7), eff. September 1, 2015.
Added by Acts 2003, 78th Leg., ch. 302, Sec. 2.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 30(7), 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 I. Civil Rights Division › Section 301.153. Governance; Authority

Sec. 301.153.  GOVERNANCE; AUTHORITY.  (a)   The commission shall establish policies for the division and the executive director shall supervise the director in administering the activities of the division.
(b)  The commission is the state authority established as a fair employment practice agency and is authorized, with respect to an unlawful employment practice, to:
(1)  grant relief from the practice;
(2)  seek relief from the practice; or
(3)  institute criminal proceedings.
(c)  The commission shall administer Chapter 21 of this code and Chapter 301, Property Code, including the powers and duties formerly exercised by the former Commission on Human Rights under those laws.
(d)  A reference in Chapter 21 of this code, Chapter 301, Property Code, or any other law to the former Commission on Human Rights means the commission.
Added by Acts 2003, 78th Leg., ch. 302, Sec. 2.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 20, 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 I. Civil Rights Division › Section 301.154. Director

Sec. 301.154.  DIRECTOR.  (a)  The director shall be appointed by the executive director to administer the powers and duties of the division.
(b)  To be eligible for appointment, the director must have relevant experience in the area of civil rights, specifically in working to prevent the types of discrimination the division is charged with preventing.  The director must demonstrate a commitment to equal opportunity for minorities, women, and the disabled.  The director should also have relevant experience with housing and employment discrimination claims.
Added by Acts 2003, 78th Leg., ch. 302, Sec. 2.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 21, 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 I. Civil Rights Division › Section 301.155. Investigator Training Program; Procedures Manual

Sec. 301.155.  INVESTIGATOR TRAINING PROGRAM;  PROCEDURES MANUAL.  (a)  A person who is employed under this chapter by the division as an investigator may not conduct an investigation until the person completes a comprehensive training and education program for investigators that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the requirements relating to employment adopted under the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) and its subsequent amendments, with a special emphasis on requirements regarding reasonable accommodations;
(2)  various types of disabilities and accommodations appropriate in an employment setting for each type of disability;  and
(3)  fair employment and housing practices.
(c)  Each investigator shall annually complete a continuing education program designed to provide investigators with the most recent information available regarding the issues described by Subsection (b), including legislative and judicial changes in the law.
(d)  The director shall develop and biennially update an investigation procedures manual.  The manual must include investigation procedures and information and may include information regarding the Equal Employment Opportunity Commission and the United States Department of Housing and Urban Development.
Added by Acts 2003, 78th Leg., ch. 302, Sec. 2.
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 I. Civil Rights Division › Section 301.156. Analysis of Discrimination Complaints; Report

Sec. 301.156.  ANALYSIS OF DISCRIMINATION COMPLAINTS;  REPORT.  (a)  The division shall collect and report statewide information relating to employment and housing discrimination complaints as required by this section.
(b)  Each state fiscal year, the division shall collect and analyze information regarding employment and housing discrimination complaints filed with the division, the Equal Employment Opportunity Commission, the United States Department of Housing and Urban Development, and local commissions in this state.  The information must include:
(1)  an analysis of employment complaints filed by the basis of the complaint, including:
(A)  sex, race, color, age, disability, national origin, religion, and genetic information;  and
(B)  retaliatory actions against the complainant;
(2)  an analysis of housing complaints filed by the basis of the complaint, including sex, race, color, disability, national origin, religion, and familial status;
(3)  an analysis of employment complaints filed by issue, including discharge, terms and conditions, sexual harassment, promotion, hiring, demotion, and layoff;
(4)  an analysis of housing complaints filed by issue, including terms and conditions, refusal to rent or sell, discriminatory financing or advertising, and false representation;
(5)  an analysis of employment and housing cases closed by the reason the case was closed, including findings or determinations of cause or no cause, successful conciliation, right to sue issued, complaint withdrawn after resolution, no-fault settlement, failure to cooperate by the complainant, and lack of jurisdiction;  and
(6)  the average processing time for complaints resolved by the division in each state fiscal year, regardless of whether the complaint was filed in the same fiscal year in which the complaint was resolved.
(c)  The results of an analysis required under this section shall be included in the commission's annual report to the governor and legislature.
Added by Acts 2003, 78th Leg., ch. 302, Sec. 2.
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 I. Civil Rights Division › Section 301.157. Analysis of State Agency Discrimination Complaints; Report

Sec. 301.157.  ANALYSIS OF STATE AGENCY DISCRIMINATION COMPLAINTS; REPORT.  (a)  Each state fiscal year, the division shall collect and analyze information regarding employment discrimination complaints, other than complaints determined to be without merit, filed with the division against a state agency.  The information must include:
(1)  an analysis of the complaints, both by number and by type; and
(2)  key findings or trends the division identifies during the division's review of state agency personnel policies and procedures under Section 21.453.
(b)  The commission shall include the results of the division's analysis under this section in the commission's annual report to the governor and the legislature.  The division shall exclude from the report any identifying information of a complainant or a state agency complaint as necessary to maintain confidentiality required by the commission's contract with the federal Equal Employment Opportunity Commission or by other law.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 22, 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 J. Adult Education and Literacy › Section 301.171. Cooperation With Texas Education Agency to Improve Adult Education and Literacy Services

Sec. 301.171.  COOPERATION WITH TEXAS EDUCATION AGENCY TO IMPROVE ADULT EDUCATION AND LITERACY SERVICES.  The commission shall collaborate with the Texas Education Agency to improve the coordination and implementation of adult education and literacy services in this state.
Acts 2003, 78th Leg., ch. 817, Sec. 5.01, eff. Sept. 1, 2003.
Renumbered from Labor Code, Section 301.151 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(63), eff. September 1, 2005.
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 K. Detection and Prevention of Child-Care Fraud, Waste, and Abuse › Section 301.191. Prevention and Detection of Child-Care Fraud, Waste, and Abuse

Sec. 301.191.  PREVENTION AND DETECTION OF CHILD-CARE FRAUD, WASTE, AND ABUSE.  (a)  The commission shall develop risk assessment protocols to identify and assess possible instances of fraud, waste, and abuse in child-care programs, including:
(1)  the use of unemployment insurance wage records to identify:
(A)  potential ineligible parents due to a change in income or underreporting of income;
(B)  relative child-care providers who are engaged in other employment; and
(C)  parents who do not have the required work history; and
(2)  the identification of parents who apply for or receive child-care services in multiple workforce areas simultaneously.
(b)  The commission shall ensure that local workforce development boards implement procedures to prevent and detect fraud, waste, and abuse in child-care programs.
(c)  The commission may use a motor vehicle record, including a photographic image and signature, to prevent and detect fraud, waste, and abuse in child-care programs.
(d)  The commission may use the information under Subsection (c) otherwise for enforcement under this title.
Added by Acts 2011, 82nd Leg., R.S., Ch. 869 (S.B. 76), Sec. 2, eff. September 1, 2011.