The Office of the Attorney General, Child Support Division, adopts this amendment to §55.302, regarding the State Directory of New Hires, pursuant to the Texas Family Code §§231.003, 234.101(1) and 234.104. The amendment is adopted without changes to the proposed text as published in the December 25, 2015, issue of the Texas Register (40 TexReg 9403). The amendment affects paragraph (4).

The adopted amendment to the Texas Administrative Code will provide guidance to employers who are deciding whether a particular individual falls under the definition of employee as defined by Texas Family Code §234.101.

This amendment clarifies the definition of independent contractor by limiting the term to those whose income would be reported by employers on Form 1099-MISC.

No comments were received regarding adoption of the amendment.

The adopted amendment is authorized under Texas Family Code §231.002(a)(2), which provides the Office of the Attorney General with the authority to adopt rules for the provision of child support services and by Texas Family Code §231.003, which authorizes the Title IV-D agency to promulgate by rule any forms and procedures necessary to comply fully with the intent of this chapter. The adopted amendment is also authorized under Texas Family Code §234.104, which provides the Office of the Attorney General with the authority to establish procedures for reporting employee information and for operating a state directory of new hires meeting the requirements of federal law.