CHAPTER 301. TEXAS WORKFORCE COMMISSION
LABOR CODE
TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT
SUBTITLE B. TEXAS WORKFORCE COMMISSION; WORKFORCE DEVELOPMENT;
EMPLOYMENT SERVICES
CHAPTER 301. TEXAS WORKFORCE COMMISSION
SUBCHAPTER A. ORGANIZATION OF COMMISSION
Sec. 301.001. PURPOSE; AGENCY GOALS; DEFINITIONS. (a) The
Texas Workforce Commission is a state agency established to
operate an integrated workforce development system in this state,
in particular through the consolidation of job training,
employment, and employment-related educational programs available
in this state, and to administer the unemployment compensation
insurance program in this state.
(b) The commission shall meet the needs of:
(1) the businesses of this state for the development of a highly
skilled and productive workforce;
(2) the workers of this state for education, skills training,
and labor market information to enhance their employability,
earnings, and standard of living and for an efficient
unemployment compensation system;
(3) the people of this state who are making a transition into
the workforce, particularly persons receiving public assistance,
displaced homemakers, and students making the transition from
school to work;
(4) the communities of this state to provide economic incentive
programs for job creation, attraction, and expansion; and
(5) the taxpayers of this state to ensure that tax revenues for
workforce development are spent efficiently and effectively.
(c) A reference in this code or another law to the Texas
Employment Commission means the Texas Workforce Commission.
(d) In this title:
(1) "Chair" means the chair of the commission.
(2) "Commission" means the Texas Workforce Commission.
(3) "Council" means the Texas Workforce Investment Council.
(4) "Employment service" means the commission or the entity
designated by the commission to implement duties imposed under
the Wagner-Peyser Act (29 U.S.C. Section 49 et seq.).
(5) "Executive director" means the executive director of the
commission.
(6) "Local workforce development board" means an entity formed
under Chapter 2308, Government Code.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept.
1, 1995. Amended by Acts 2003, 78th Leg., ch. 818, Sec. 6.09,
eff. Sept. 1, 2003.
Sec. 301.0015. GUIDELINES REGARDING FUNCTIONS OF COMMISSION AND
STAFF. (a) In administering its functions under this title or
another law, the commission shall limit its activities to:
(1) setting commission policies, including policies that clearly
separate the policymaking responsibilities of the commission and
the management responsibilities of the executive director and
commission staff;
(2) giving general direction to the executive director regarding
the implementation of the commission's policies, and holding the
executive director accountable for implementing the policies;
(3) approving the commission's budget recommendation to the
legislature;
(4) reviewing under Subchapter D, Chapter 212, the decision of
an appeal tribunal regarding unemployment compensation;
(5) reviewing under Subchapter D, Chapter 61, the decision of a
wage claim appeal tribunal regarding a wage claim;
(6) adopting rules necessary to administer the commission's
policies, including rules necessary for the administration of
this title and rules governing required reports, procedures, and
orders;
(7) responding to questions and comments that are directed to
the commission by the executive director and that relate to
setting or clarifying commission policies or relate to other
matters of general interest to the commission; and
(8) requesting information from commission staff.
(b) Except as provided by Subsection (c), the commission may
conduct the activities listed in Subsection (a) only when acting
as a governmental body.
(c) The commission, acting as a governmental body, or an
individual member of the commission may conduct the activities
listed in Subsections (a)(7) and (8).
(d) In administering its functions under this title or another
law, the commission, acting as a governmental body, or an
individual member of the commission may not:
(1) direct the day-to-day operations of the executive director
or other commission staff; or
(2) establish the details for the implementation of commission
policies or direct the executive director or other commission
staff about those details.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 1.01, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
378, Sec. 14, eff. September 1, 2005.
Sec. 301.002. MEMBERSHIP REQUIREMENTS. (a) The commission is
composed of three members:
(1) one member who is a representative of labor;
(2) one member who is a representative of employers; and
(3) one member who is a representative of the public.
(b) The governor shall appoint the members and make the
appointments without regard to the race, color, disability, sex,
religion, age, or national origin of the appointees.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Renumbered from Labor Code Sec. 202.001 and amended by Acts 1995,
74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995. Amended by
Acts 2003, 78th Leg., ch. 817, Sec. 2.01, eff. Sept. 1, 2003.
Sec. 301.003. MEMBER RESTRICTIONS. (a) In this section:
(1) "Business" does not mean personal investment in real
property, financial instruments or tangible assets, or the
provision of personal services, other than workforce services in
the State of Texas, as an independent contractor.
(2) "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A member of the commission or the member's spouse may not be
employed by any business or other organization receiving money
from the commission during the member's term on the commission.
(c) A person may not be a member of the commission or an
employee of the commission employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of labor, business,
workforce development, child care, or career schools and
colleges; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of labor,
business, workforce development, child care, or career schools
and colleges.
(d) A person may not serve as a member of the commission if the
person or the person's spouse:
(1) is employed by or participates in the management of a career
school or college or a business entity or other organization
receiving money from the commission;
(2) owns or controls, directly or indirectly, more than a 10
percent interest in a career school or college or a business
entity or other organization receiving money from the commission;
or
(3) is registered, certified, licensed, permitted, or otherwise
authorized by the commission; for purposes of this subdivision,
"registered, certified, licensed, permitted, or otherwise
authorized by the commission" does not include the following:
(A) the commission's role under Subtitle A; or
(B) employment of domestic service workers under Section
201.027.
(e) If a member of the commission or the member's spouse is
engaged in any other employment, the member of the commission
shall refrain from voting on or participating in any commission
decision that involves the other employment.
(f) A member of the commission or the member's spouse may not
enter into a contract, either directly with a local workforce
development board or with an entity that contracts with a local
workforce development board, under which the member or the
member's spouse receives compensation for services provided by
the member or the member's spouse.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Renumbered from Labor Code Sec. 202.002 by Acts 1995, 74th Leg.,
ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995. Amended by Acts 2003,
78th Leg., ch. 817, Sec. 2.02, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
118, Sec. 1, eff. May 20, 2005.
Sec. 301.004. EFFECT OF LOBBYING ACTIVITY. A person may not be
a member of the commission or act as the general counsel to the
commission if the person is required to register as a lobbyist
under Chapter 305, Government Code, because of the person's
activities for compensation on behalf of a profession related to
the operation of the commission. If the person ceases to engage
in lobbying activity and files a notice of termination as
prescribed by Section 305.008, Government Code, the person may
serve as a member of the commission or act as the general counsel
to the commission.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Renumbered from Labor Code Sec. 202.003 by Acts 1995, 74th Leg.,
ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995. Amended by Acts 2003,
78th Leg., ch. 817, Sec. 2.03, eff. Sept. 1, 2003.
Sec. 301.005. TERMS; VACANCY. (a) Members of the commission
are appointed for staggered six-year terms, with one member's
term expiring on February 1 of each odd-numbered year.
(b) A member appointed to fill a vacancy shall hold office for
the remainder of that term.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Renumbered from Labor Code Sec. 202.004 by Acts 1995, 74th Leg.,
ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.
Sec. 301.006. CHAIR. (a) The governor shall designate the
chair of the commission from among the members of the commission.
The chair shall serve in that capacity at the pleasure of the
governor for a two-year term. The governor may redesignate the
same member to serve consecutive terms.
(b) Notwithstanding Subsection (a), the member of the commission
who represents the public shall serve as chair:
(1) when the commission acts under:
(A) Subchapter D, Chapter 61; or
(B) Subchapter D, Chapter 212; and
(2) in commission hearings involving unemployment insurance
issues regarding tax coverage, contributions, or reimbursements.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Renumbered from Labor Code Sec. 202.005 and amended by Acts 1995,
74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995. Amended by
Acts 2003, 78th Leg., ch. 817, Sec. 2.04, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
378, Sec. 15, eff. September 1, 2005.
Sec. 301.007. REMOVAL OF COMMISSION MEMBERS. (a) It is a
ground for removal from the commission that a member:
(1) during any 60-day period, is absent from each commission
meeting for which the member received at least 48 hours' notice;
(2) does not have at the time of taking office the
qualifications required by Section 301.002;
(3) does not maintain during service as a member of the
commission the qualifications required by Section 301.002;
(4) is ineligible for membership on the commission under Section
301.003 or 301.004;
(5) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(6) is absent from more than half of the regularly scheduled
meetings of the members that the member is eligible to attend
during a calendar year without an excuse approved by a majority
vote of the members.
(b) The validity of an action of the commission is not affected
by the fact that it was taken when a ground for the removal of a
member of the commission existed.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the chair of the potential ground. The chair shall then notify
the governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
chair, the executive director shall notify the next highest
ranking member, who shall then notify the governor and the
attorney general that a potential ground for removal exists.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Renumbered from Labor Code Sec. 202.006 and amended by Acts 1995,
74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995. Amended by
Acts 2003, 78th Leg., ch. 817, Sec. 2.05, eff. Sept. 1, 2003.
Sec. 301.0075. MEMBER TRAINING. (a) A person who is appointed
to and qualifies for office as a member of the commission may not
vote, deliberate, or be counted as a member in attendance at a
meeting of the members until the person completes a training
program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the commission;
(2) the programs operated by the commission;
(3) the role and functions of the commission;
(4) the rules of the commission, with an emphasis on the rules
that relate to disciplinary and investigatory authority;
(5) the current budget for the commission;
(6) the results of the most recent formal audit of the
commission;
(7) the requirements of:
(A) the open meetings law, Chapter 551, Government Code;
(B) the public information law, Chapter 552, Government Code;
(C) the administrative procedure law, Chapter 2001, Government
Code; and
(D) other laws relating to public officials, including
conflict-of-interest laws;
(8) civil rights laws relevant to employment programs offered by
the commission; and
(9) any applicable ethics policies adopted by the commission or
the Texas Ethics Commission.
(c) A person appointed as a member of the commission is entitled
to reimbursement, as provided by the General Appropriations Act,
for the travel expenses incurred in attending the training
program regardless of whether the attendance at the program
occurs before or after the person qualifies for office.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 2.06, eff. Sept. 1,
2003.
Sec. 301.008. APPLICATION OF SUNSET ACT. The Texas Workforce
Commission is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the commission is abolished September 1, 2013.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept.
1, 1995. Amended by Acts 1997, 75th Leg., ch. 1169, Sec. 2.08,
eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 817, Sec. 1.01,
eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
928, Sec. 4.02, eff. June 15, 2007.
Sec. 301.009. COMMISSION DIVISIONS. (a) The commission shall
have:
(1) a division of workforce development; and
(2) a division of unemployment compensation.
(b) In addition to the divisions listed in Subsection (a), the
executive director may establish additional divisions within the
commission for effective administration and performance of
commission functions.
(c) The executive director shall appoint the directors of the
divisions of the commission. The directors serve at the pleasure
of the executive director.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept.
1, 1995.
SUBCHAPTER B. COMMISSION ADMINISTRATION
Sec. 301.021. DONATIONS. (a) The commission may accept a
donation of services, money, or property that the commission
determines furthers the lawful objectives of the commission. The
donation must be accepted in an open meeting by a majority of the
voting members of the commission and must be reported in the
public records of the commission with the name of the donor and
the purpose of the donation.
(b) The commission may not accept a donation from a person who
is a party to an administrative proceeding pending before the
commission until the 30th day after the date the commission's
final order is issued. The commission may not accept a donation
from a person who is a party to a suit in which the commission is
also a party.
(c) The commission may not accept a donation from a for-profit
entity that has a contract with the commission or has submitted a
bid in response to a pending request for proposal issued by the
commission for services or products having a value of not less
than $50,000. This subsection does not apply to a contract or bid
that relates only to providing child-care services.
(d) A for-profit entity may not enter into a contract with the
commission or submit a bid in response to a request for proposal
issued by the commission before the first anniversary of the date
of making a donation to the commission unless the contract or bid
relates only to providing child-care services.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Renumbered from Labor Code Sec. 202.021 by Acts 1995, 74th Leg.,
ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995. Amended by Acts 1997,
75th Leg., ch. 361, Sec. 1, eff. Sept. 1, 1997.
Sec. 301.022. AUDIT. The financial transactions of the
commission are subject to audit by the state auditor in
accordance with Chapter 321, Government Code.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Renumbered from Labor Code Sec. 202.022 by Acts 1995, 74th Leg.,
ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.
Sec. 301.023. COMPLAINTS AGAINST COMMISSION. (a) The
commission shall maintain a file on each written complaint filed
with the commission. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the commission;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
commission closed the file without taking action other than to
investigate the complaint.
(b) The commission shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the commission's policies and procedures relating to
complaint investigation and resolution.
(c) The commission, at least quarterly until final disposition
of the complaint, shall notify the person filing the complaint
and each person who is a subject of the complaint of the status
of the investigation unless the notice would jeopardize an
undercover investigation.
Acts 1993, 73rd Leg., ch. 655, Sec. 1, eff. Sept. 1, 1993.
Renumbered from Labor Code Sec. 202.023 by Acts 1995, 74th Leg.,
ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995. Amended by Acts 2003,
78th Leg., ch. 817, Sec. 3.01, eff. Sept. 1, 2003.
Sec. 301.024. OFFICIAL SEAL; USE OF FACSIMILES. (a) The
commission has an official seal. A court shall take judicial
notice of the seal.
(b) The commission may execute, certify, authenticate, or sign,
with a facsimile signature and seal, any instrument authorized
under this subtitle to be issued by the commission or by an
authorized representative of the commission, including a claim,
statement, or audit report relating to the establishment or
collection of delinquent contributions or penalties.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Renumbered from Labor Code Sec. 202.024 by Acts 1995, 74th Leg.,
ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995.
SUBCHAPTER C. EXECUTIVE DIRECTOR; AGENCY PERSONNEL
Sec. 301.041. EXECUTIVE DIRECTOR; AGENCY PERSONNEL. (a) The
commission shall appoint an executive director to administer the
daily operations of the commission in compliance with federal
law.
(b) A reference in this code or another law to the "agency
administrator" of the commission means the executive director.
(c) The executive director may:
(1) appoint and prescribe the powers and duties of all
commission staff, including officers, accountants, attorneys,
experts, and other persons as necessary in the performance of the
commission's duties;
(2) delegate authority to a person appointed under this section
as the executive director considers reasonable and proper for the
effective administration of this title;
(3) employ and terminate the employment of commission staff
members; and
(4) bond any person that handles money or signs checks under
this title.
(d) The executive director or a person designated by the
executive director shall develop a system of annual performance
evaluations based on measurable job tasks. All merit pay for
commission employees must be based on the system established
under this subsection.
Acts 1993, 73rd Leg., ch. 265, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(48), eff.
Sept. 1, 1995. Renumbered from Labor Code Sec. 202.041 and
amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff.
Sept. 1, 1995.
Sec. 301.042. ACCESS TO CERTAIN CRIMINAL HISTORY RECORD
INFORMATION. (a) The commission may request an applicant for a
security sensitive position to provide either a complete set of
fingerprints or the applicant's complete name, driver's license
number, and social security number. The executive director may
deny employment in a security sensitive position to an applicant
who fails to provide the requested fingerprints or information.
(b) The executive director may use information obtained under
this section only to evaluate an applicant for employment in a
security sensitive position. A security sensitive position must
be so identified in the job description and in the announcement
of the position.
(c) In this section, "security sensitive position" means a
position of employment that requires as an incident of the
employment:
(1) the performance of duties in:
(A) the automated data processing, controller, or fiscal
department; or
(B) a position designated to handle receipts or disbursements of
cash in a local or regional office;
(2) access to a computer terminal, if the information available
from the terminal is required by law to be confidential;
(3) access to a master key for access to the premises other than
during regular working hours; or
(4) the performance of duties considered to be security
sensitive by the state auditor or the Inspector General of the
United States Department of Labor.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(48), eff.
Sept. 1, 1995. Renumbered from Labor Code Sec. 202.042 and
amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff.
Sept. 1, 1995.
Sec. 301.043. STANDARDS OF CONDUCT INFORMATION. The executive
director or the executive director's designee shall provide to
the members of the commission and employees of the commission, as
often as necessary, information regarding the requirements for
office or employment under this chapter, including information
regarding a person's responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Renumbered from Labor Code Sec. 202.043 and amended by Acts 1995,
74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995. Amended by
Acts 2003, 78th Leg., ch. 817, Sec. 3.02, eff. Sept. 1, 2003.
Sec. 301.044. CAREER LADDER. The executive director shall
develop an intra-agency career ladder program for employees of
the commission. The program shall require the intra-agency
posting of all nonentry-level positions concurrently with any
public posting.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept.
1, 1995.
Sec. 301.045. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
executive director or the executive director's designee shall
prepare and maintain a written policy statement that implements a
program of equal employment opportunity to ensure that all
personnel decisions are made without regard to race, color,
disability, sex, religion, age, or national origin.
(a-1) The policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the commission to avoid the
unlawful employment practices described by Chapter 21; and
(2) an analysis of the extent to which the composition of the
commission's personnel is in accordance with state and federal
law and a description of reasonable methods to achieve compliance
with state and federal law.
(b) The policy statement must:
(1) be updated annually;
(2) be reviewed by the Commission on Human Rights for compliance
with Subsection (a-1)(1); and
(3) be filed with the governor's office.
(c) The governor's office shall deliver a biennial report to the
legislature based on the information received under Subsection
(b). The report may be made separately or as part of other
biennial reports to the legislature.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 11.02(b), eff. Sept.
1, 1995. Amended by Acts 2003, 78th Leg., ch. 817, Sec. 3.03,
eff. Sept. 1, 2003.
Sec. 301.047. COMMISSION EMPLOYEES ACCOUNTABLE TO EXECUTIVE
DIRECTOR. In performing functions required or authorized by law,
employees of the commission are directly accountable to the
executive director.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 3.04, eff. Sept. 1,
2003.
SUBCHAPTER D. GENERAL POWERS AND DUTIES OF COMMISSION AND
EXECUTIVE DIRECTOR
Sec. 301.061. GENERAL POWERS AND DUTIES OF COMMISSION AND
EXECUTIVE DIRECTOR. (a) The commission shall provide the public
with a reasonable opportunity to appear before the commission and
speak on any issue under the jurisdiction of the commission.
(b) The executive director shall:
(1) administer this title as provided by rules adopted by the
commission;
(2) oversee and manage:
(A) the daily operation and administrative affairs of the
commission; and
(B) the implementation of commission policies set by the
commission;
(3) coordinate the activities of the commission staff and hold
commission staff accountable for the staff's performance of its
duties;
(4) determine the organization of the agency and methods of
procedure of the agency in accordance with this title; and
(5) make expenditures necessary for the operation of this title.
(c) Repealed by Acts 2003, 78th Leg., ch. 817, Sec. 9.01(6).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Renumbered from Labor Code Sec. 202.061 and amended by Acts 1995,
74th Leg., ch. 655, Sec. 11.02(b), eff. Sept. 1, 1995. Amended by
Acts 2003, 78th Leg., ch. 817, Sec. 3.05, 3.06, 9.01(c), eff.
Sept. 1, 2003.
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.
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.
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.
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, Sec. 4.09, eff. June 14, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1300, Sec. 8, eff. June 15, 2007.
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.
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.
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.
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.
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, Sec. 2, eff. September 1, 2009.
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.
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.
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.
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.
SUBCHAPTER E. 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.
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.
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.
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.
SUBCHAPTER F. RECORDS
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, Sec. 3, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1333, Sec. 1, eff. September 1, 2007.
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.
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.
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.
Sec. 301.085. UNEMPLOYMENT COMPENSATION INFORMATION; OFFENSE;
PENALTY. (a) In this section, "unemployment compensation
information" means information in the records of the commission
that pertains to the administration of Subtitle A, including any
information collected, received, developed, or maintained in the
administration of unemployment compensation benefits or the
unemployment compensation tax system.
(b) Consistent with federal law, the commission shall adopt and
enforce reasonable rules governing the confidentiality, custody,
use, preservation, and disclosure of unemployment compensation
information. The rules must include safeguards to protect the
confidentiality of identifying information regarding any
individual or any past or present employer or employing unit
contained in unemployment compensation information, including any
information that foreseeably could be combined with other
publicly available information to reveal identifying information
regarding the individual, employer, or employing unit, as
applicable.
(c) Unemployment compensation information is not public
information for purposes of Chapter 552, Government Code.
(d) Unless permitted by this subchapter or commission rule, a
person commits an offense if the person solicits, discloses,
receives, or uses, or authorizes, permits, participates in, or
acquiesces in another person's use of, unemployment compensation
information that reveals:
(1) identifying information regarding any individual or past or
present employer or employing unit; or
(2) information that foreseeably could be combined with other
publicly available information to reveal identifying information
regarding any individual or past or present employer or employing
unit.
(e) An offense under Subsection (d) is a Class A misdemeanor.
Added by Acts 2007, 80th Leg., R.S., Ch.
1052, Sec. 4, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1333, Sec. 2, eff. September 1, 2007.
Sec. 301.086. PROVISION OF CERTAIN INFORMATION TO COMPTROLLER.
(a) Not later than June 1 of each 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, Sec. 8, eff. September 1, 2009.
SUBCHAPTER H. TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING
FINANCIAL ASSISTANCE
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.
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.
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.
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.
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.
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.
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.
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.
SUBCHAPTER I. CIVIL RIGHTS DIVISION
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) "Human rights commission" means the Commission on Human
Rights established by this subchapter.
Added by Acts 2003, 78th Leg., ch. 302, Sec. 2.
Sec. 301.152. GENERAL PROVISIONS. (a) The division is an
independent division in the commission. The division shall be
responsible for administering Chapter 21 of this code and Chapter
301, Property Code, including exercising the powers and duties
formerly exercised by the former Commission on Human Rights under
those laws.
(b) 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 division.
Added by Acts 2003, 78th Leg., ch. 302, Sec. 2.
Sec. 301.153. HUMAN RIGHTS COMMISSION. (a) The division is
governed by the human rights commission, which consists of seven
members as follows:
(1) one member who represents industry;
(2) one member who represents labor; and
(3) five members who represent the public.
(b) The members of the human rights commission established under
this section shall be appointed by the governor. In making
appointments to the human rights commission, the governor shall
strive to achieve representation on the human rights commission
that is diverse with respect to disability, religion, age,
economic status, sex, race, and ethnicity.
(c) The term of office of each commissioner is six years. The
governor shall designate one commissioner to serve as presiding
officer.
(d) A commissioner is entitled to reimbursement of actual and
necessary expenses incurred in the performance of official
duties.
(e) The human rights commission shall establish policies for the
division and supervise the director in administering the
activities of the division.
(f) The human rights 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.
Added by Acts 2003, 78th Leg., ch. 302, Sec. 2.
Sec. 301.154. DIRECTOR. (a) The director shall be appointed by
the human rights commission 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.
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
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