TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

CHAPTER 702. GENERAL ADMINISTRATION

SUBCHAPTER F. ADVISORY COMMITTEES

The Department of Family and Protective Services (DFPS) adopts amended rules 40 TAC §702.513 and §702.515 in Title 40, Texas Administrative Code (TAC), Part 19, Chapter 702, Subchapter F, relating to the Parent Collaboration Group (PCG) and the Youth Leadership Council (YLC) advisory committees. The proposal was published in the April 24, 2026, issue of the Texas Register (51 TexReg 2636). The amended rules are adopted with minimal non-substantive changes to the proposed text and will be republished.

BACKGROUND AND JUSTIFICATION

In 2016, DFPS adopted rules establishing the Youth Leadership Council and the Parent Collaboration Group advisory committees which had already existed, although not uniformly established in rule. Since adoption in 2016, the needs of the agency have evolved with the expansion of community-based care and amendments are needed to ensure the committees continue to serve their intended purpose. Additionally, the committees are set to expire in 2026 and amendments are needed to extend their duration so these committees can continue to provide input to DFPS.

COMMENTS

The 30-day comment period ended May 24, 2026. During this period, DFPS received two comments regarding the amended rules from the Texas Alliance of Child and Family Services and the Partners for Children and Families Committee. A summary of comments and DFPS's responses follows:

Comment: Why is there a 10-year expiration limit to the Youth Leadership Council and the Parent Collaboration Group advisory committees? Partners for Children and Families Committee.

Response: DFPS understands and agrees with the importance of the question. In 2015, the Sunset Advisory Commission recommended that advisory committees be promulgated in state agency rules. It further recommended that the use of a 10-year expiration limit would be an appropriate term for DFPS advisory committees. Government Code section 2110.008 provides that the state agency which has established an advisory committee may designate the date on which the committee will automatically be abolished. The designation must be by rule. The committee may continue in existence after that date only if the agency amends the rule to provide for a different abolishment date. Unless the state agency designates a different date, the advisory committee is automatically abolished the day after the fourth anniversary of the date of its creation. This rule ensures that advisory committees do not remain indefinitely without a clear end date, promoting fiscal responsibility and efficiency in state agency operations. The commentor did not suggest any rule changes, nor did they approve or disapprove of this rule, therefore DFPS will not be making any additional changes to the rule.

Comment: The Texas Alliance of Child and Family Services commented as follows:

Section 702.513 (Parent Collaboration Group- PCG):

Suggest adding the following language to subsections (b), (c)(1), and (d)(2) to broaden the audience for the recommendations and ensure SSCCs are aware of the input of the parents involved in the PCG so they may take action within their catchment areas based on their knowledge of and experience in those specific communities:

(b) Purpose. The purpose of the PCG is to provide a forum for individuals who have had involvement with the child welfare system as parents to discuss their experiences and make recommendations to the Department and the Single Source Continuum Contractors (SSCCs) for improving the system.

(1) Makes recommendations to the Department and the SSCCs through regularly scheduled meetings and to Department and SSCC staff, as determined by the individual SSCCS, assigned to support the committee;

(d) Reporting requirements and Department action.

(1) the Department will gather information on the PCG activities to compile an annual report.

(2) The annual report may guide Department and/or SSCC policy or practice.

Suggest changing "may" to "shall" in subsection (e)(2) to ensure the SSCCs are engaged in decisions regarding parent members from their respective catchment areas:

Members are appointed by the Regional Directors who shall consult with the Single Source Continuum Contractor when making appointments in a Community Based Care catchment area.

If the PCG is solely to provide input on Child Protective Services cases (beyond investigations which did not lead to an open Family Based Safety Services or Conservatorship case), suggest including language in a new subsection which contemplates the PCG being administered through an independent 3rd party contractor rather than DFPS as the state completely transitions to Community Based Care:

The PCG may be administered by an independent third-party contractor responsible for supporting the PCG.

Section 702.515 (State Youth Leadership Council)

Suggest adding the following language to subsections (b), (c)(1), and (d)(2) to broaden the audience for the recommendations and ensure SSCCs are aware of the input of the youth and young adults involved in the State Youth Leadership Council so they may take action

within their catchment areas based on their knowledge of and experience in those specific communities:

(b) Purpose. The State Youth Leadership Council provides a forum for youth and young adults who are currently or were formerly in foster care to discuss their experiences with the Texas foster care system and make recommendations to the Department and the Single Source Continuum Contractors (SSCCs) for improving the system.

(1) Makes recommendations to the Department and SSCCs through scheduled meetings based on the availability of the youth or young adults currently or formerly in foster care;

(d) Reporting requirements and Department action.

(1) The Department will gather information on the State Youth Leadership Council's activities to compile an annual report.

(2) The annual report may guide Department and SSCC policy and practice.

Suggest adding the following language in subsection (e)(3) to ensure the SSCCs are engaged in decisions regarding youth and young adult members from their respective catchment areas:

(C) Members are appointed by the Regional Directors who shall consult with the Single Source Continuum Contractor when making appointments in a Community Based Care catchment area.

Suggest amending language in (f) to promote better alignment and coordination between DFPS and SSCC efforts to support youth and young adults with living experience:

(f) Meetings. The State Youth Leadership Council shall convene at a minimum annually. All statewide meeting shall include regional youth leadership group representatives from both Department regions and Single Source Continuum Contractor catchment areas.

Suggest adding a new subsection to allow for the State Youth Leadership Council to be administered through an independent 3rd party contractor rather than DFPS as the state completely transitions to Community Based Care:

The State Youth Leadership Council may be administered by an independent third-party contractor responsible for supporting the council.

Response: DFPS agrees to the change "may" to "shall" as it relates to Regional Directors consulting with an SSCC when making appointments in a Community Based Care catchment area. With this change, DFPS does not see a need to make any other changes for the following reasons. First, SSCCs are represented through community advisory councils. Texas Family Code Section 264.155 requires the SSCC community engagement plans to include communication and collaboration with local stakeholders through a community advisory committee. DFPS includes findings and recommendations from that SSCC advisory committee in its performance review, corrective action plan and applicable improvement measures. Second, a state agency formed advisory committee is statutorily required to advise and make recommendations to that state agency. Third, DFPS is requiring the State Youth Leadership Council to hold one meeting annually that includes council members and local stakeholders from DFPS (regional) groups and SSCC regional committees. Finally, an independent third-party contractor to support the advisory committee is not statutorily permissible. It is the statutory responsibility of the state agency that established the advisory committee to have such a relationship with the committee to evaluate its work, its usefulness, and its costs including those related to the agency's support efforts.

STATUTORY AUTHORITY

The amendments are adopted under Texas Human Resources Code §40.030 which permits the DFPS Commissioner or designee to appoint advisory committees in accordance with Texas Government Code Chapter 2110. Chapter 2110 requires state agency advisory committees to be established by rule and to include provisions on the purpose, tasks, reporting requirements, and duration of each committee. Chapter 2110 also addresses committee composition, presiding officer selection, evaluation, and reporting requirements. Human Resources Code §40.030 permits DFPS to adopt rules governing advisory committee size, membership, appointments, and compliance with Open Meetings.

The amendments are also adopted under Human Resources Code §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to matters within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.

§ 702.513. Parent Collaboration Group.

(a) Establishment. The Parent Collaboration Group ("PCG") is established.

(1) Makes recommendations to the Department through regularly scheduled meetings and Department staff assigned to the committee; and

(2) Performs other tasks consistent with its purpose and bylaws.

(d) Reporting requirements and Department action.

(1) The Department will gather information on the PCG activities to compile an annual report.

(2) The annual report may guide Department policy or practice.

(e) Membership.

(1) The PCG consists of no more than 24 members.

(2) Members are appointed by the Regional Directors who shall consult with the Single Source Continuum Contractor when making appointments in a Community Based Care catchment area.

(3) Membership requirements:

(A) All members must have previously been involved in the child welfare system as parents.

(B) In general, the member's Child Protective Services case must have been closed for one year; the Regional Director or Single Source Continuum Contractor in a Community Based Care catchment area may make exceptions to this rule if the parent is otherwise qualified.

(4) Except as may be necessary to stagger terms, a PCG member serves for a two-year term and may be appointed for additional terms, not to exceed three terms.

(f) Meetings. The PCG will meet a minimum of three times per year.

(g) Decision-making. The committee will make decisions by consensus.

(h) Abolition. The PCG is abolished, and this section expires, August 31, 2036.

(i) The PCG is not a "governmental body" for purposes of the Open Meetings Act, Texas Government Code Chapter 551.

§ 702.515. State Youth Leadership Council.

(a) Establishment. The State Youth Leadership Council is established.

(1) Makes recommendations to the Department through scheduled meetings based on the availability of the youth or young adults currently or formerly in foster care; and

(2) Performs other tasks consistent with its purpose.

(d) Reporting requirements and Department action.

(1) The Department will gather information on the State Youth Leadership Council's activities to compile an annual report.

(2) The annual report may guide Department policy and practice.

(e) Membership.

(1) The State Youth Leadership Council consists of no more than 24 members.

(2) Members for the State Youth Leadership Council are comprised of regional youth leadership group members from both Department regions and Single Source Continuum Contractor catchment areas, Regional Youth Specialists, Preparation for Adult Living staff, or other individuals familiar with the youth or young adults currently or formerly in foster care.

(3) Membership requirements:

(A) Members should be chosen so that the statewide council represents all regions of the state including Community Based Care catchment areas.

(B) Members must be youth or young adults who are currently or were formerly in foster care and who are at least age 16 but under the age of 21 when appointed.

(f) Meetings. The State Youth Leadership Council shall convene at a minimum annually. At least one statewide meeting shall include regional youth leadership group representatives from both Department regions and Single Source Continuum Contractor catchment areas.

(g) Decision-making. The State Youth Leadership Council will make decisions by consensus.

(h) Abolition. The State Youth Leadership Council is abolished, and this section expires, on August 31, 2036.

(i) The State Youth Leadership Council is not a "governmental body" for purposes of the Open Meetings Act, Texas Government Code Chapter 551.

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 June 15, 2026.

TRD-202602445

Sanjuanita Maltos

Rules Coordinator

Department of Family and Protective Services

Effective date: July 5, 2026

Proposal publication date: April 24, 2026

For further information, please call: (512) 945-5978

PART 20. TEXAS WORKFORCE COMMISSION

CHAPTER 800. GENERAL ADMINISTRATION

SUBCHAPTER E. ADVISORY COMMITTEES

40 TAC §§800.170 - 800.172

The Texas Workforce Commission (TWC) adopts the following new sections to Chapter 800, relating to General Administration:

Subchapter E. Advisory Committees, §§800.170 - 800.172

New §§800.170 - 800.172 are adopted without changes to the proposal, as published in the April 10, 2026, issue of the Texas Register (51 TexReg 2344), and, therefore, the adopted rule text will not be published.

PART I. PURPOSE, BACKGROUND, AND AUTHORITY

The purpose of the Chapter 800 rule change is to establish by rule abolishment dates for TWC's advisory committees in accordance with Texas Government Code, Chapter 2110.

Under the statute, unless prohibited by another state law or federal law or regulation, an advisory committee is automatically abolished on the fourth anniversary of its creation date, unless the state agency by rule designates the date on which the committee will automatically be abolished. The committee may continue in existence after that date only if the agency amends the rule to provide for a different abolishment date.

This rulemaking sets specific abolishment dates for the following TWC advisory committees that are subject to Texas Government Code, Chapter 2110:

--Industry-Based Certifications Advisory Council;

--Jobs and Education for Texans Advisory Committee; and

--Lone Star Workforce of the Future Advisory Board.

Chapter 800, Subchapter E, does not apply to TWC advisory committees that are exempt from the provisions of Texas Government Code, Chapter 2110, because of another state law or a federal law or regulation.

In the development of the proposed rules, TWC's Office of General Counsel consulted the points of contact for each advisory committee affected by this rulemaking.

PART II. EXPLANATION OF INDIVIDUAL PROVISIONS

SUBCHAPTER E. ADVISORY COMMITTEES

TWC adopts new Subchapter E, as follows:

§800.170. Definition

New §800.170 defines "Advisory Committee" as it is defined by Texas Government Code, §2110.001.

§800.171. Creation and Duration of Advisory Committees Created by the Commission

New §800.171 provides the abolishment date of an advisory committee created by TWC in accordance with Texas Government Code, §2110.008(b).

§800.172. Duration of Advisory Committees

New §800.172 sets specific abolishment dates for the applicable TWC advisory committees.

PART III. PUBLIC COMMENTS

The comment period ended on May 11, 2026. No comments were received.

PART IV. STATUTORY AUTHORITY

The new rules are adopted under:

--Texas Government Code, §2110.008, which requires a state agency to set by rule an advisory committee abolishment date if the agency chooses to designate such a date.

--Texas Labor Code, §301.0015, which provides TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities.

The new rules relate to Title 4, Texas Labor Code, particularly Chapter 312, and Title 3, Texas Education Code, particularly Chapter 134 and Chapter 134A.

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 June 9, 2026.

TRD-202602332

Les Trobman

General Counsel

Texas Workforce Commission

Effective date: June 29, 2026

Proposal publication date: April 10, 2026

For further information, please call: (737) 301-9662

CHAPTER 806. PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES

SUBCHAPTER J. TRANSITION AND RETENTION PLANS

40 TAC §§806.100 - 806.104

The Texas Workforce Commission (TWC) adopts the repeal of the following sections of Chapter 806, relating to Purchases of Products and Services from People with Disabilities, as follows:

Subchapter J. Transition and Retention Plans, §§806.100 - 806.104

Repealed §§806.100 - 806.104 are adopted without changes to the proposal, as published in the April 10, 2026, issue of the Texas Register (51 TexReg 2346), and, therefore, the adopted rule text will not be published.

PART I. PURPOSE, BACKGROUND, AND AUTHORITY

The purpose of the Chapter 806 rulemaking is to repeal Subchapter J, Transition and Retention Plans, because the statute on which the rules in Subchapter J are based expired September 1, 2023.

The Purchasing from People with Disabilities (PPD) program encourages Texas state agencies and political subdivisions to give preference to purchasing products and services offered by community rehabilitation programs (CRPs) that employ people with disabilities, helping them achieve and maintain their independence through gainful employment.

Texas Human Resources Code, §122.0076, requires any CRP participating in the PPD program to pay each worker with a disability who is employed by the CRP at least the federal minimum wage.

Expired Texas Human Resources Code, §122.0075, as set forth by Senate Bill 753, 86th Texas Legislature, Regular Session, 2019, required CRPs that were paying their workers with disabilities less than the federal minimum wage to develop a plan to increase those wages to at least the federal minimum wage in order to continue participating in the PPD program. This statute expired on September 1, 2023, and, consequently, so did the rules under Chapter 806, Subchapter J, which the Commission adopted for the purpose of implementing the CRP minimum wage transition planning requirement.

TWC ensures CRP compliance with the minimum wage requirement under Texas Human Resources Code, §122.0076, through compliance monitoring, which, among other requirements in Chapter 806, requires each participating CRP to file a quarterly employee wage and hour report and for the CRP to recertify for continued PPD program participation every three years.

TWC informed CRPs currently participating in the PPD program of the proposed action to repeal Chapter 806, Subchapter J in its entirety.

PART II. EXPLANATION OF INDIVIDUAL PROVISIONS

SUBCHAPTER J. TRANSITION AND RETENTION PLANs

TWC adopts the repeal of Subchapter J, in its entirety, as follows:

§806.100. Scope and Purpose

§806.101. Requirements for Transition and Retention Plans

§806.102. Extensions for Transition and Retention Plans

§806.103. Withdrawal from the Program

§806.104. New CRPs during the TRP Period

PART III. PUBLIC COMMENTS

The comment period ended on May 11, 2026. No comments were received.

PART IV. STATUTORY AUTHORITY

The repeals are adopted under the authority of:

--Texas Human Resources Code, §122.0075(h), which set a September 1, 2023, expiration date for §122.0075;

--Texas Human Resources Code, §122.013, which grants the Commission authority to adopt rules for the administration of Texas Human Resources Code, Chapter 122; and

--Texas Labor Code, §301.0015(6) 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.

The adopted repeals relate to Title 8, Texas Human Resources Code, Chapter 122.

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 June 9, 2026.

TRD-202602333

Les Trobman

General Counsel

Texas Workforce Commission

Effective date: June 29, 2026

Proposal publication date: April 10, 2026

For further information, please call: (737) 301-9662

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 Grant Program:

Subchapter A. General Purpose and Definitions, §838.2

Subchapter B. Grant Program, §838.12

Subchapter C. Program Administration, §838.21 and §838.24

The amendments to §§838.2, 838.12, 838.21, and 838.24 are adopted without changes to the proposed text, as published in the February 20, 2026, issue of the Texas Register (51 TexReg 1034), and, therefore, the adopted rule text will not be published.

PART I. PURPOSE, BACKGROUND, AND AUTHORITY

The purpose of the Chapter 838 rule change is to implement the provisions of House Bill 3260 (HB 3260), enacted by the 89th Texas Legislature, Regular Session, 2025, relating to the Texas Industry-Recognized Apprenticeship (TIRA) Grant Program.

HB 3260 amended Texas Labor Code, Chapter 302, Subchapter I, Texas Industry-Recognized Apprenticeship Programs Grant Program, to enable TWC to respond better to workforce needs by more efficiently using the TIRA Grant Program and encouraging employers to participate in growing the state's skilled workforce.

Amended Texas Labor Code, §302.256, allows TWC to issue partial reimbursement payments to an eligible grant recipient as a program participant achieves on-the-job training and employment milestones instead of after the participant has completed the program.

Amended Texas Labor Code, §302.257, requires the Commission to adopt rules establishing a process for and criteria by which the Commission recognizes apprenticeable occupations and certifies training programs. It also requires rules for setting performance metrics and making aggregated performance data available via TWC's website.

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.)

SUBCHAPTER A. GENERAL PURPOSE AND DEFINITIONS

TWC adopts the following amendments to Subchapter A:

Section 838.2. Definitions

Section 838.2 is amended to add definitions for "Recognized Occupation" and "TIRA Application and Implementation Guide."

The definition of "Texas Industry-Recognized Apprenticeship" is also amended to clarify that TWC determines which occupations are apprenticeable and that TWC certifies training programs as TIRAs, and that TIRA training programs must pay participants at least the Tri-Agency self-sufficiency wage instead of the local workforce development area's self-sufficiency wage.

SUBCHAPTER B. GRANT PROGRAM

TWC adopts the following amendments to Subchapter B:

Section 838.12. Notice of Grant Availability and Application

Section 838.12 is amended to add that the TIRA Application and Implementation Guide and links to TWC-approved apprenticeable occupations will be published on TWC's website.

Section 838.12 is also amended to add existing §838.24(2), relating to performance as a factor in determining funding eligibility, as new §838.12(b)(4).

SUBCHAPTER C. PROGRAM ADMINISTRATION

TWC adopts the following amendments to Subchapter C:

Section 838.21. Texas Industry-Recognized Apprenticeship Grants

Section 838.21(a) is amended to clarify the TIRA program's training and employment completion requirements.

Section 838.21 is also amended to add §838.21(c), which states that eligible TIRA grant recipients may receive reimbursements as training program participants achieve established milestones. Additionally, §838.21(c) states that the grant recipient must repay any milestone reimbursements received for any participant who does not complete the training program, including employment requirements, in a manner specified in the grant agreement.

Section 838.24. Performance

Section 838.24 is amended to add the performance requirements set forth in HB 3260.

Section 838.24 is also amended to remove §838.24(2), which is added as new §838.12(b)(4).

PART III. PUBLIC COMMENTS

The comment period ended on March 23, 2026.

TWC received comments from the following:

--AT&T

--MasTec

--Tekscend Photomask Round Rock Inc.

--Texas AFL-CIO and Texas State Building and Construction Trades Council

--State Representative Chris Turner

COMMENT: Tekscend Photomask Round Rock Inc. (Tekscend) expressed support for the proposed rule changes, specifically the removal of the requirement to use the targeted occupations list and the continuation of TWC's discretion to certify occupations outside the state's top 25 targeted occupations and the US Department of Labor's (DOL) Registered Apprenticeship list.

RESPONSE: The Commission appreciates Tekscend's support for the proposed rule changes. No changes were made in response to this comment.

COMMENT: AT&T expressed support for TWC's efforts to expand apprenticeship opportunities, particularly in broadband-related fields, but raised concerns about proposed §838.21(c). They noted that requiring employers to repay milestone reimbursements when apprentices resign voluntarily, or are terminated for cause, conflicts with the intent of milestone-based funding and may discourage participation. AT&T recommended revising the rule to exempt situations outside an employer's control while preserving accountability where appropriate.

RESPONSE: The Commission appreciates the commenter's support for expanding apprenticeship opportunities, including those that strengthen the broadband workforce. The Commission acknowledges the concerns raised regarding potential repayment of milestone-based reimbursements. However, Texas Labor Code, §302.256 limits the Commission to awarding partial-award grants as reimbursements for the cost of training industry-recognized apprenticeship program participants only when both of the following conditions are met:

--Completion of an eligible program; and

--Suitable employment maintained for at least 12 consecutive months.

These statutory requirements include provisions governing milestone-based payments and repayment obligations. Accordingly, no changes were made in response to this comment.

The Commission also recognizes that the statute does not require the 12 months of consecutive employment to be with the grantee. Agency staff will therefore clarify in the TIRA Application and Implementation Guide that post-training employment must be in the industry in which the apprentice was trained, which may include--but is not limited to--employment with the grantee. No changes were made in response to this comment.

COMMENT: State Representative Chris Turner expressed his support for TWC's efforts to expand apprenticeship opportunities and emphasized the importance of the TIRA Grant Program in meeting the state's skilled-worker needs. Representative Turner highlighted his legislative support for HB 2784 and HB 3260, noting that the latter strengthened reporting and transparency requirements for apprenticeship programs. Representative Turner urged the Commission to fully implement these reporting and public-transparency provisions to ensure accountability and program effectiveness. Representative Turner also thanked the Commission for its continued commitment to apprenticeship expansion.

RESPONSE: The Commission appreciates Representative Turner's support for expanding apprenticeship opportunities in Texas and its recognition of the importance of the TIRA Grant Program. The Commission also acknowledges his emphasis on the reporting and transparency provisions enacted by the legislature. As the agency responsible for implementing the statutory requirements of HB 3260, the Commission remains committed to ensuring that performance metrics, reporting timelines, and public transparency measures are fully carried out as directed. No changes were made in response to this comment.

COMMENT: The Texas AFL-CIO and Texas State Building and Construction Trades Council jointly submitted comments emphasizing the long-standing role of Registered Apprenticeship Programs (RAPs) as the national benchmark for high-quality workforce training.

The commenters raised concerns that allowing lower-quality programs to use the "apprenticeship" label without comparable oversight creates confusion for workers and employers and undermines the credibility of established apprenticeship pathways. They urged TWC to ensure that any program designated as an apprenticeship meets strong, transparent standards consistent with federal regulations, as required by HB 3260.

The commenters stated it was "important to emphasize the implementation and enforcement of the transparency guidelines outlined in HB 3260." The commenters further added that this includes public reporting of completion rates, retention outcomes, and wage data for participants supported with state funds. They recommended that the Commission adopt clear rules for data reporting, including:

--Annual public data release within 90 days of the TIRA program year's end;

--Retention outcomes measured 12 months after completion;

--Wage data at entry, completion, and post-completion;

--Program-level data disaggregated by the grant recipient; and

--Publication in accessible, searchable, and machine-readable formats.

The commenters stated that public transparency is essential for evaluating program effectiveness and ensuring taxpayer dollars support training that leads to real skills, stable employment, and long-term career pathways.

RESPONSE: The Commission appreciates the comments submitted. The Commission recognizes the commenters' concerns regarding potential confusion if programs that do not meet comparable quality and oversight standards are permitted to use the "apprenticeship" label. The Commission agrees that program performance information is essential for evaluating state investments and ensuring that training leads to meaningful skills, stable employment, and long-term career pathways. As part of the annual report required under this chapter, the Commission will consider these recommendations and include any legislative or programmatic changes, as authorized by statute, to help increase the state's return on investment. No changes were made in response to this comment.

COMMENT: MasTec expressed support for the expansion of high-quality apprenticeship opportunities under the TIRA program. The company emphasized that Texas faces significant telecommunications workforce shortages and urged TWC to adopt a broad, inclusive approach when certifying apprenticeable occupations under §838.11. MasTec recommended recognizing the full range of broadband-related roles--from entry-level craft positions to advanced technical and supervisory jobs--and encourages ongoing stakeholder engagement and regular updates to ensure the certified occupations list reflects evolving workforce needs.

MasTec also noted that telecommunications training requires substantial employer investment and that training programs are designed to move workers quickly into the field. MasTec stated that requiring 12 consecutive post-training months of employment before reimbursement does not align with industry realities, limits employer control over retention, and may discourage TIRA participation. MasTec recommended revising §838.21(b) to allow training time to count toward the 12-month requirement or reverting to the prior, more flexible standard, along with clearer guidance on compliance and documentation.

Additionally, MasTec expressed concerns about the proposed requirement that employers repay milestone reimbursements when participants do not complete training or meet post-training employment requirements, even when departures are voluntary or for cause. MasTec argues that such an approach conflicts with statute, creates uncertainty, and could deter employer participation. MasTec recommended revising §838.21(c) so that employers would retain milestone reimbursements when they have met training obligations, with repayment required only when the employer fails to provide required training or terminates a participant without cause. MasTec suggested clarifying language and appropriate record-keeping requirements to support this approach.

RESPONSE: The Commission appreciates the comments regarding the need for a broad and flexible approach to certifying apprenticeable occupations under §838.11. The Commission, consistent with legislative intent, recognizes the significant workforce demands associated with broadband deployment and the importance of ensuring that the TIRA Grant Program reflects current and emerging labor market needs. This priority is underscored by the 89th Texas Legislature's additional $5 million appropriation to support broadband-related apprenticeship training and engineering and construction occupations.

The Commission acknowledges MasTec's concerns regarding the proposed 12-month consecutive post-training employment requirement and the unique workforce dynamics within the telecommunications sector. The Commission understands that training investments are substantial and that project-based work can affect employment continuity. The Commission also appreciates the request for clearer compliance guidance and will outline these programmatic details in the TIRA Application and Implementation Guide.

The Commission appreciates the comments on the proposed repayment provisions and recognizes concerns that requiring repayment when participants leave voluntarily or for cause may create uncertainty for employers. However, Texas Labor Code, §302.256 limits the Commission to awarding partial award grants as reimbursements only when both of the following conditions are met:

--Completion of an eligible program; and

--Suitable employment maintained for at least 12 consecutive months.

These statutory requirements govern milestone-based payments and repayment obligations.

The Commission also notes that the statute does not require the 12 months of employment to be with the grantee. TWC staff will clarify in the TIRA Application and Implementation Guide that post-training employment must be in the industry in which the apprentice was trained, which may include--but is not limited to--employment with the grantee.

No changes were made as a result of these comments.

SUBCHAPTER A. GENERAL PURPOSE AND DEFINITIONS

40 TAC §838.2

PART IV. STATUTORY AUTHORITY

The rule is adopted under the authority of:

--Texas Labor Code, §302.256, as amended by HB 3260, 89th Texas Legislature, Regular Session, 2025, which authorizes TWC to establish rules for distributing partial reimbursement payments to eligible individuals in on-the-job training programs as they achieve specific milestones.

--Texas Labor Code, §302.257, as amended by HB 3260, 89th Texas Legislature, Regular Session, 2025, which requires TWC to adopt rules for the administration and enforcement of the TIRA Grant Program.

--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.

The rule relates to 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 June 9, 2026.

TRD-202602334

Les Trobman

General Counsel

Texas Workforce Commission

Effective date: June 29, 2026

Proposal publication date: February 20, 2026

For further information, please call: (737) 301-9662

SUBCHAPTER B. GRANT PROGRAM

40 TAC §838.12

The rule is adopted under the authority of:

The rule relates to 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 June 9, 2026.

TRD-202602335

Les Trobman

General Counsel

Texas Workforce Commission

Effective date: June 29, 2026

Proposal publication date: February 20, 2026

For further information, please call: (737) 301-9662

SUBCHAPTER C. PROGRAM ADMINISTRATION

40 TAC §838.21, §838.24

The rules are adopted under the authority of:

The rules relate to 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 June 9, 2026.

TRD-202602336

Les Trobman

General Counsel

Texas Workforce Commission

Effective date: June 29, 2026

Proposal publication date: February 20, 2026

For further information, please call: (737) 301-9662