PART 12. TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
CHAPTER 364. REQUIREMENTS FOR LICENSURE
The Texas Board of Occupational Therapy Examiners adopts amendments to 40 Texas Administrative Code §364.5, concerning Recognition of Out-of-State License of Military Spouse. The amendments add military service members to those eligible for the recognition of an out of state license and make further changes regarding the recognition pursuant to changes required by Senate Bill 422 of the 88th Regular Legislative Session. In addition, the amendments remove from the section information concerning an address of record pursuant to changes required by SB 510 of the 88th Regular Legislative Session. The amendments also include adding that individuals provide the Board phone number and mailing address information and update the Board of related changes and include further cleanups and/or clarifications. The amendments are adopted with changes to the proposed text as published in the September 1, 2023, issue of the Texas Register (48 TexReg 4784) and will be republished. The change upon adoption is to add to the section the following provision as the new subsection (i) of the section: "This section establishes requirements and procedures authorized or required by Chapter 55, Texas Occupations Code, and does not modify or alter rights that may be provided under federal law." The addition will help ensure that the section will not be construed as modifying or altering other rights provided under federal law.
With regard to the amendments, Senate Bill 422 requires the adoption of rules to implement changes to Texas Occupations Code §55.0041. The changes, which take effect September 1, 2023, will add military service members to those eligible to practice without obtaining the applicable occupational license. The bill also requires that not later than the 30th day after the date a military service member or military spouse submits certain information, a state agency verify the military service member's or military spouse's license and that in the event of a divorce or similar event that affects a person's status as a military spouse, the spouse may continue to engage in the business or occupation under the authority of the section until the third anniversary of the date the spouse received the confirmation described by the section. Amendments to §364.5 implement these requirements.
Senate Bill 510 adds Texas Government Code §552.11765, Confidentiality of Certain Information Maintained by State Licensing Authority. The new section, which takes effect September 1, 2023, includes that applicants', licensees', and former licensees' home addresses are confidential and not available public information. Pursuant to such, the Board has also adopted amendments to §364.5, as well as 40 Texas Administrative Code §369.2, Changes of Name or Contact Information, and §370.1, License Renewal, to remove information concerning the election an individual may make to designate a home, mailing, or business address as the address available to the public.
An additional change to §364.5 concerns adding the requirement that individuals seeking the authorization described by the section provide the Board with their phone number and mailing address and notify the Board of changes to such. The change is adopted to enhance the Board's ability to communicate with individuals who are seeking or who have received the authorization and remain apprised of changes to such information. The change will also enhance the consistency of the Board's rules, as prior rulemaking required the same for applicants for a license and licensees.
No public comment was received regarding adoption of the amendments.
The amendments are adopted under Texas Occupations Code §454.102, Rules, which authorizes the Board to adopt rules to carry out its duties under Chapter 454; Texas Occupations Code §55.0041, Recognition of Out-of-State License of Military Service Members and Military Spouses, amended by Senate Bill 422 and effective September 1, 2023, which requires the Board to adopt rules to implement the legislation; and under Texas Government Code §552.11765, Confidentiality of Certain Information Maintained by State Licensing Authority, enacted by Senate Bill 510 and effective September 1, 2023, which includes that certain address information is confidential and not available public information.
The amendments implement Texas Occupations Code §55.0041, Recognition of Out-of-State License of Military Service Member and Military Spouses, amended by SB 422 and effective September 1, 2023, and Texas Government Code §552.11765, Confidentiality of Certain Information Maintained by State Licensing Authority, enacted by Senate Bill 510 and effective September 1, 2023.
§364.5.Recognition of Out-of-State License of Military Service Members and Military Spouses.
(a) Notwithstanding any other law, a military service member or military spouse may engage in the practice of occupational therapy without obtaining the applicable occupational therapy license if the service member or spouse is currently licensed in good standing by another jurisdiction of the U.S. that has licensing requirements that are substantially equivalent to the requirements for the license in this state.
(b) Before engaging in the practice of occupational therapy, the military service member or military spouse must:
(1) notify the Board in writing of the following:
(A) the service member's or spouse's intent to practice in this state;
(B) the service member's or spouse's full name and any previous last names, social security number, date of birth, phone number, business phone number, residential address, business address, mailing address, and email address;
(C) the license type, license number, and jurisdiction in which the service member or spouse is currently licensed in good standing; and
(D) a list of all jurisdictions in which the service member or spouse has held or currently holds a license with the license type, license number, and license expiration date of each;
(2) submit to the Board proof of the service member's or spouse's residency in this state and a copy of the service member's or spouse's military identification card. Proof of residency may include a copy of the permanent change of station order for the military service member or, with respect to a military spouse, the permanent change of station order for the military service member to whom the spouse is married; and
(3) receive from the Board written confirmation that:
(A) the Board has verified the service member's or spouse's license in the other jurisdiction; and
(B) the service member or spouse is authorized to engage in the practice of occupational therapy in accordance with this section.
(c) The military service member or military spouse shall comply with all other laws and regulations applicable to the practice of occupational therapy in this state, including all other laws and regulations in the Occupational Therapy Practice Act and the Texas Board of Occupational Therapy Examiners Rules. The service member or spouse may be subject to revocation of the authorization described by subsection (b)(3)(B) of this section for failure to comply with these laws and regulations and the Board may notify any jurisdictions in which the service member or spouse is licensed of the revocation of such.
(d) A military service member or military spouse may engage in the practice of occupational therapy under the authority of this section only for the period during which the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in this state but not to exceed three years from the date the service member or spouse receives the confirmation described by subsection (b)(3) of this section.
(e) Notwithstanding subsection (d) of this section, in the event of a divorce or similar event that affects a person's status as a military spouse, the spouse may continue to engage in the practice of occupational therapy under the authority of this section until the third anniversary of the date the spouse received the confirmation described by subsection (b)(3) of this section.
(f) During the authorization period described by subsection (b)(3)(B) of this section, the military service member or military spouse must:
(1) maintain a current license in good standing in another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state;
(2) update the Board of any changes to information as specified in subsections (b)(1)(B)-(C) and (b)(2) of this section within 30 days of such change(s); and
(3) notify the Board within 30 days of any disciplinary action taken against the service member or spouse by another jurisdiction.
(g) The Board will identify, with respect to each type of license issued by the Board, the jurisdictions that have licensing requirements that are substantially equivalent to the requirements for the license in this state; and not later than the 30th day after the receipt of the items described by subsections (b)(1)-(2) of this section, the Board shall verify that the military service member or military spouse is licensed in good standing in a jurisdiction of the U.S. that has licensing requirements that are substantially equivalent to the requirements for the license in this state.
(h) In this section, "military service member" and "military spouse" have the meaning as defined in Chapter 55, Texas Occupations Code, §55.001.
(i) This section establishes requirements and procedures authorized or required by Chapter 55, Texas Occupations Code, and does not modify or alter rights that may be provided under federal law.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 30, 2023.
TRD-202304010
Ralph A. Harper
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: December 1, 2023
Proposal publication date: September 1, 2023
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners adopts amendments to 40 Texas Administrative Code §368.1, Open Records. The amendments concern updating the references in the section, including to update information regarding the setting of costs for the copying of records due to the abolishment of the General Services Commission. The amendments also clarify that state or federal statutes in addition to Texas Government Code Chapter 552 may affect the disclosure of certain information and add information regarding the use of a designee for the Executive Director, the agency's open records coordinator. The amendments include further cleanups, including those concerning aligning the section with Texas Government Code Chapter 552. The amendments are adopted without changes to the proposed text as published in the September 1, 2023, issue of the Texas Register (48 TexReg 4786) and will not be republished.
The amendments will improve the accuracy of the information in the section, clarify that statutes other than those contained in Chapter 552 may affect the agency's disclosure of information, and align the section more closely with Texas Government Code Chapter 552.
No public comment was received regarding adoption of the amendments.
The amendments are adopted under Texas Occupations Code §454.102, Rules, which authorizes the Board to adopt rules to carry out its duties under Chapter 454.
The amendments implement Texas Government Code Chapter 552, which concerns the availability of information to the public.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 30, 2023.
TRD-202304011
Ralph A. Harper
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: December 1, 2023
Proposal publication date: September 1, 2023
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners adopts amendments to 40 Texas Administrative Code §369.2, Changes of Name or Contact Information. The amendments concern removing from the section information concerning an address of record pursuant to changes required by Senate Bill 510 of the 88th Regular Legislative Session. The amendments are adopted without changes to the proposed text as published in the September 1, 2023, issue of the Texas Register (48 TexReg 4788) and will not be republished.
Senate Bill 510 adds Texas Government Code §552.11765, Confidentiality of Certain Information Maintained by State Licensing Authority. The bill, which takes effect September 1, 2023, includes that applicants', licensees', and former licensees' home addresses are confidential and not available public information. Pursuant to such, the Board has also adopted amendments to §369.2, as well as 40 Texas Administrative Code §364.5, Recognition of Out-of-State License of Military Spouse, and §370.1, License Renewal, to remove information concerning the election an individual may make to designate a home, mailing, or business address as the address available to the public
No public comment was received regarding adoption of the amendments.
The amendments are adopted under Texas Occupations Code §454.102, Rules, which authorizes the Board to adopt rules to carry out its duties under Chapter 454, and under Texas Government Code §552.11765, Confidentiality of Certain Information Maintained by State Licensing Authority, enacted by Senate Bill 510 and effective September 1, 2023, which includes that certain address information is confidential and not available public information.
The amendments implement §552.11765, Confidentiality of Certain Information Maintained by State Licensing Authority, enacted by Senate Bill 510 and effective September 1, 2023.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 30, 2023.
TRD-202304012
Ralph A. Harper
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: December 1, 2023
Proposal publication date: September 1, 2023
For further information, please call: (512) 305-6900
The Texas Board of Occupational Therapy Examiners adopts amendments to 40 Texas Administrative Code §370.1. License Renewal. The amendments concern removing from the section information concerning an address of record pursuant to changes required by Senate Bill 510 of the 88th Regular Legislative Session. The amendments are adopted without changes to the proposed text as published in the September 1, 2023, issue of the Texas Register (48 TexReg 4789) and will not be republished.
Senate Bill 510 adds Texas Government Code §552.11765, Confidentiality of Certain Information Maintained by State Licensing Authority. The bill, which takes effect September 1, 2023, includes that applicants', licensees', and former licensees' home addresses are confidential and not available public information. Pursuant to such, the Board has also adopted amendments to §370.1, as well as 40 Texas Administrative Code §364.5, Recognition of Out-of-State License of Military Spouse, and §369.2, Changes of Name or Contact Information, to remove information concerning the election an individual may make to designate a home, mailing, or business address as the address available to the public.
No public comment was received regarding adoption of the amendments.
The amendments are adopted under Texas Occupations Code §454.102, Rules, which authorizes the Board to adopt rules to carry out its duties under Chapter 454, and under Texas Government Code §552.11765, Confidentiality of Certain Information Maintained by State Licensing Authority, enacted by Senate Bill 510 and effective September 1, 2023, which includes that certain address information is confidential and not available public information.
The amendments implement §552.11765, Confidentiality of Certain Information Maintained by State Licensing Authority, enacted by Senate Bill 510 and effective September 1, 2023.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 30, 2023.
TRD-202304013
Ralph A. Harper
Executive Director
Texas Board of Occupational Therapy Examiners
Effective date: December 1, 2023
Proposal publication date: September 1, 2023
For further information, please call: (512) 305-6900
CHAPTER 838. TEXAS INDUSTRY-RECOGNIZED APPRENTICESHIP GRANT PROGRAM
The Texas Workforce Commission (TWC) adopts amendments to the following sections of Chapter 838, relating to the Texas Industry-Recognized Apprenticeship Programs Grant Program.
Subchapter A. General Purpose and Definitions, §838.1 and §838.2
Subchapter B. Grant Program, §§838.11 - 838.14
Subchapter C. Program Administration, §§838.21, 838.22, and 838.24
Amended §§838.1, 838.2, 838.11 - 838.14, 838.21, 838.22, and 838.24 are adopted without changes to the proposal, as published in the September 1, 2023, issue of the Texas Register (48 TexReg 4790), and, therefore, the adopted rule text will not be published.
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the amendments to Chapter 838 is to remove references to the federal Industry-Recognized Apprenticeship Program (IRAP) and Standards Recognition Entities (SREs) because they no longer exist, and to state the eligibility criteria and application process for entities that apply to take part in the Texas Industry-Recognized Apprenticeship (TIRA) Grant Program.
In May 2020, the US Department of Labor (DOL) established a process to recognize third-party entities--SREs--which would evaluate and recognize IRAPs. In November 2021, DOL proposed rescinding this regulatory framework. Beginning November 25, 2022, DOL ceased recognizing SREs or IRAPs and rescinded the related rules that were under Title 29 Code of Federal Regulations Part 29. In response to DOL's action on IRAPs and SREs, TWC is amending Chapter 838 to remove DOL-related references.
In 2019, House Bill 2784, enacted by the 86th Texas Legislature, Regular Session, amended Texas Labor Code Chapter 302 by adding Subchapter I to create the Texas Industry-Recognized Apprenticeship Programs Grant Program. The grant program's purpose is to address Texas' immediate industrial workforce needs resulting from the impact of hurricanes, other natural disasters, and overall workforce shortages. Amendments to Chapter 838 clarify the eligibility criteria and application process for entities wishing to take part in this state program.
Rule Review
Texas Government Code §2001.039 requires that every four years each state agency review and consider for readoption, revision, or repeal each rule adopted by that agency. TWC has assessed whether the reasons for adopting or readopting the rules continue to exist. TWC finds that the rules in Chapter 838 are needed, reflect current legal and policy considerations, and reflect current TWC procedures. The reasons for initially adopting the rules continue to exist. TWC, therefore, readopts Chapter 838 as amended.
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
(Note: Minor editorial changes are made that do not change the meaning of the rules and, therefore, are not discussed in the Explanation of Individual Provisions.)
CHAPTER 838. TEXAS INDUSTRY-RECOGNIZED APPRENTICESHIP PROGRAMS GRANT PROGRAM
TWC adopts the following amendment to the title of Chapter 838:
The Chapter 838 title is amended to remove "Programs" to reflect that the rules no longer include references to the former federal Industry-Recognized Apprenticeship Program. The chapter title is amended to read "Texas Industry-Recognized Apprenticeship Grant Program."
SUBCHAPTER A. GENERAL PURPOSE AND DEFINITIONS
The section language throughout the subchapter is amended to remove DOL-related references and update the apprenticeship grant program name to Texas Industry-Recognized Apprenticeship (TIRA) program.
§838.1. Scope and Purpose
Section 838.1 is amended to remove IRAP language, replacing these references with TIRA program references.
§838.2. Definitions
Section 838.2 is amended to update the definition for "Industry-Recognized Apprenticeship Program" removing in (3)(A) "by the US Department of Labor (DOL)" and updating the remaining portion of paragraph (3) to incorporate the provisions of former §838.13(b)(5) of this chapter. Additionally, §838.2(5) is removed.
SUBCHAPTER B. GRANT PROGRAM
The section language throughout the subchapter is amended to remove DOL-related references and update the program name to "Texas Industry-Recognized Apprenticeship (TIRA) program."
Additionally, TWC adopts the following amendments to Subchapter B:
§838.11. General Statement of Purpose
Section 838.11 is amended to remove IRAP language, replacing these references with TIRA program references.
§838.12. Notice of Grant Availability and Application
Section 838.12(a) is amended to remove "in the Texas Register," allowing TWC's three-member Commission to expedite funding actions resulting from the impact of hurricanes, other natural disasters, and overall workforce shortages.
Section 838.12(b) is amended and new §838.12(d) is added to lay out the application process and the form and manner for an application's submission.
§838.13. Eligible Applicants
Section 838.13 is amended to rename the section "Eligible and Approved Applicants."
Section 838.13(a) is amended to set forth TIRA program requirements.
Section 838.13(b) is amended to replace references to the federal IRAP with the state's TIRA.
Section 838.13(b)(2) is removed and (b)(5) is relocated to the definition for TIRA in Section 838.2.
§838.14. Funding Qualifications for Industry-Recognized Apprenticeship Programs
Section 838.14 is amended to remove DOL-related references and update the apprenticeship grant program name to Texas Industry-Recognized Apprenticeship (TIRA) grant program. Section 838.14's title is amended to reflect this update.
SUBCHAPTER C. PROGRAM ADMINISTRATION
TWC adopts the following amendments to Subchapter C:
§838.21. Grants for Industry-Recognized Apprenticeship Programs
Section 838.21 is amended to remove IRAP language, replacing these references with TIRA program references. Section 838.21's title is amended to reflect this update.
§838.22. Program Objectives
Section 838.22 is amended to remove IRAP language, replacing these references with TIRA program references.
§838.24. Performance
Section 838.24 is amended to remove IRAP language, replacing these references with TIRA program references.
PART III. PUBLIC COMMENTS
The public comment period closed on October 2, 2023.
TWC received comments from the following organizations:
--Texas AFL-CIO
--Texas Association of Manufacturers
--Texas Public Policy Foundation
TWC received comments from the following electrical contractors:
--The Brandt Companies, LLC
--Britain Electric Co.
--Bronco Electric, Inc.
--C.F. McDonald Electric, Inc.
--Christopher Electric, Inc.
--Crown Electric, Inc.
--CW Henderson Electric
--Electrical Specialties, Inc.
--Fisk Electric Company
--Gulf Coast Electric Co., Inc.
--Henderson Telecom Services, Inc.
--Jefferson Electric Co., Inc.
--JPL Electric, LLC
--Liberty Electrical Contractors, Inc.
--Mid-West Electric Co.
--Minton Electronic Co., Inc.
--Newtron Beaumont, LLC
--R.D. Martin Electric Shop, Inc.
--Rosendin Electric, Inc.
--Sabre Electric Company
--Wayne Electric, Inc.
TWC received comments from State Representative Chris Turner and State Representative Armando L. Walle.
TWC received 301 comments from an instructor and individuals who state they are enrolled in Registered Apprenticeship programs.
COMMENT: The Texas Association of Manufacturers and the Texas Public Policy Foundation expressed strong support for the amendments to the Chapter 838 rules.
RESPONSE: The Commission appreciates the comments.
COMMENT: State Representative Chris Turner expressed support for the amendments to Chapter 838. He stated that TIRA is an additional resource to increase worker training in industries where shortages and skills gaps exist. Rep. Turner also described the program as an opportunity to support efforts to increase the number of skilled workers in Texas and to help workers obtain long-term marketable skills.
Rep. Turner also expressed concern that Registered Apprenticeship Programs (RAPs) be able to participate in the TIRA program with no impact on the quality of the training because RAPs must adhere to DOL standards. He asked the Commission to consider allowing RAPs to use other benchmarks to meet the six-month requirements for eligibility, and to ensure portability of skills across industries. He also requested for the rule to include eligibility for pre-apprenticeship programs that address remedial instruction to develop more eligible students to enter apprenticeships. Lastly, Rep. Turner stated concern about differences in apprenticeship funding amounts between TIRA and Texas Education Code Chapter 133 and the need to provide RAPs the flexibility needed to meet the timeline standards outlined in the proposed rules.
RESPONSE: The Commission appreciates the comments. TWC staff have communicated with DOL's Office of Apprenticeship relating to flexibility for RAPs to participate in TIRA and determined such flexibility is allowable. The maximum 26-week duration for TIRA grant programs is determined by Texas Labor Code §302.255; therefore, changing the maximum duration for TIRA grant programs would require legislative action. Similarly, legislative action would be needed to adjust funding for Chapter 133 apprenticeships to make the funding comparable to TIRA grant funding.
Regarding portability, applicants must ensure that participants advance to industry-recognized mid-level skills within TIRA's 26-week maximum duration.
The Commission will be accepting applications from private-sector employers representing industries in the state's 25 target occupations that can demonstrate their apprenticeship training models meet the eligibility criteria set forth in the application. Applications must include all requirements of the statute and rule, including full-time employment requirements during and after training. Pre-apprenticeship programs are potentially eligible if all the requirements are met. No changes were made in response to these comments.
COMMENT: State Representative Armando L. Walle expressed support for apprenticeship programs and advocated for RAPs to be eligible to participate in the TIRA program. As a member of the House Committee on Appropriations, which had oversight of the $20 million appropriated for the TIRA program, Rep. Walle expressed his desire that the funds will significantly contribute to creating new apprenticeships and provide support to existing and successful apprenticeships so that the programs will grow to continue to meet the state's needs. He asked the Commission to ensure that RAPs are eligible to participate in the TIRA grant program without limiting their requirements or on-the-job training. He also requested that pre-apprenticeship programs be eligible because those programs provide the basic skills necessary to enter an apprenticeship. Further, Rep. Walle requested strengthening the language addressing portability of skills across an industry, stated concern over the inequity between TIRA funding and Chapter 133 and the need for future legislation, and allowing flexibility in the rule.
RESPONSE: The Commission appreciates the comments. TWC staff have communicated with DOL's Office of Apprenticeship relating to flexibility for RAPs to participate in TIRA and determined such flexibility is allowable. The maximum 26-week duration for TIRA grant programs is determined by Texas Labor Code §302.255; therefore, changing the maximum duration for TIRA grant programs would require legislative action. Similarly, legislative action would be needed to adjust funding for Chapter 133 apprenticeships to make the funding comparable to TIRA grant funding.
Regarding portability, applicants must ensure that participants advance to industry-recognized mid-level skills within TIRA's 26-week maximum duration.
The Commission will be accepting applications from private-sector employers representing industries in the state's 25 target occupations that can demonstrate their apprenticeship training models meet the eligibility criteria as set forth in the application. Applications must include all requirements of the statute and rule, including full-time employment requirements during and after training. Pre-apprenticeship programs are potentially eligible if all the requirements are met. No changes were made in response to these comments.
COMMENT: The Texas AFL-CIO stated its strong support for RAPs and expressed appreciation for the Commission's confirmation that RAPs will be eligible to apply for TIRA grants. However, the organization expressed concern about TIRA's 26-week grant duration and stated that it is critical for RAPs to be eligible for TIRA funding without needing to reduce their training program requirements. It also requested confirmation that pre-apprenticeship training programs will also be eligible to apply for TIRA grants. Additionally, it stated that there is an imbalance between Texas Education Code Chapter 133 and TIRA apprenticeship funding. It also expressed concern regarding more funding going to new programs that have fewer requirements and safeguards, which may result in unfair and unequal competition among state-funded apprenticeships within the construction and building trades industry. Additionally, the organization expressed concern that the proposed rule does not make clear what would be considered 'industry-recognized and accredited training curriculum' so that portability of skills is maintained. Lastly, the Texas AFL-CIO expressed desire to see language in the rule addressing requirements for safety training in the construction and building trade fields.
RESPONSE: The Commission appreciates the comments. TWC staff have communicated with DOL's Office of Apprenticeship relating to flexibility for RAPs to participate in TIRA and determined such flexibility is allowable. The maximum 26-week duration for TIRA grant programs is determined by Texas Labor Code §302.255; therefore, changing the maximum duration for TIRA grant programs would require legislative action. Similarly, legislative action would be needed to adjust funding for Chapter 133 apprenticeships to make the funding comparable to TIRA grant funding.
Regarding portability, applicants must ensure that participants advance to industry-recognized mid-level skills within TIRA's 26-week maximum duration.
The Commission will be accepting applications from private-sector employers representing industries in the state's 25 target occupations that can demonstrate their apprenticeship training models meet the eligibility criteria as set forth in the application. Applications must include all requirements of the statute and rule, including full-time employment requirements during and after training. Pre-apprenticeship programs are potentially eligible if all the requirements are met. No changes were made in response to these comments.
COMMENT: A group of 21 electrical contractors submitted comments requesting confirmation that their Registered Apprenticeship programs will qualify to receive TIRA grants.
RESPONSE: The Commission appreciates the comments. TWC staff have communicated with DOL's Office of Apprenticeship relating to flexibility for RAPs to participate in TIRA and determined such flexibility is allowable.
The Commission will be accepting applications from private-sector employers representing industries in the state's 25 target occupations that can demonstrate their apprenticeship training models meet the eligibility criteria as set forth in the application. Applications must include all requirements of the statute and rule, including full-time employment requirements during and after training. No changes were made in response to these comments.
COMMENT: Several individuals who stated they are enrolled in RAPs expressed concern that RAPs will not be considered eligible to apply to the Commission for TIRA funding.
RESPONSE: The Commission appreciates the comments and understands the concerns expressed by those enrolled in RAPs. TWC staff have communicated with DOL's Office of Apprenticeship relating to flexibility for RAPs to participate in TIRA and determined such flexibility is allowable.
The Commission will be accepting applications from private-sector employers representing industries in the state's 25 target occupations that can demonstrate their apprenticeship training models meet the eligibility criteria as set forth in the application. No changes were made in response to these comments.
SUBCHAPTER A. GENERAL PURPOSE AND DEFINITIONS
STATUTORY AUTHORITY
The rules are adopted under the general authority of Texas Labor Code §301.0015 and §302.002(d), which provide TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
They are also adopted under the specific authority set out below:
House Bill 2784, 86th Texas Legislature, Regular Session (2019), enacted the following statutory authority under which these rule amendments are proposed to be adopted:
--Texas Labor Code §302.253 requires TWC to establish and administer the program.
--Texas Labor Code §302.257 grants TWC the authority to adopt rules to administer and enforce the program.
The rules implement Title 4, Texas Labor Code, particularly Chapter 302, Subchapter I.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 31, 2023.
TRD-202304022
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: November 20, 2023
Proposal publication date: September 1, 2023
For further information, please call: (512) 850-8356
The rules are adopted under the general authority of Texas Labor Code §301.0015 and §302.002(d), which provide TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
They are also adopted under the specific authority set out below:
House Bill 2784, 86th Texas Legislature, Regular Session (2019), enacted the following statutory authority under which these rule amendments are proposed to be adopted:
--Texas Labor Code §302.253 requires TWC to establish and administer the program.
--Texas Labor Code §302.257 grants TWC the authority to adopt rules to administer and enforce the program.
The rules implement Title 4, Texas Labor Code, particularly Chapter 302, Subchapter I.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 31, 2023.
TRD-202304023
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: November 20, 2023
Proposal publication date: September 1, 2023
For further information, please call: (512) 850-8356
40 TAC §§838.21, 838.22, 838.24
The rules are adopted under the general authority of Texas Labor Code §301.0015 and §302.002(d), which provide TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.
They are also adopted under the specific authority set out below:
House Bill 2784, 86th Texas Legislature, Regular Session (2019), enacted the following statutory authority under which these rule amendments are proposed to be adopted:
--Texas Labor Code §302.253 requires TWC to establish and administer the program.
--Texas Labor Code §302.257 grants TWC the authority to adopt rules to administer and enforce the program.
The rules implement Title 4, Texas Labor Code, particularly Chapter 302, Subchapter I.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 31, 2023.
TRD-202304024
Les Trobman
General Counsel
Texas Workforce Commission
Effective date: November 20, 2023
Proposal publication date: September 1, 2023
For further information, please call: (512) 850-8356