The following words and terms, when used in this part, relating
to the Texas Workforce Commission, shall have the following meanings,
unless the context clearly indicates otherwise.
(1) Adult Education and Literacy (AEL)--Academic instruction
and education services below the postsecondary level that increase
an individual's ability to:
(A) read, write, and speak in English and perform mathematics
or other activities necessary for the attainment of a secondary school
diploma or its recognized equivalent;
(B) participate in job training and retraining programs
or transition to postsecondary education and training; and
(C) obtain and retain employment.
(2) Agency--The unit of state government established
under Texas Labor Code Chapter 301 that is presided over by the Commission
and administered by the executive director to operate the integrated
workforce development system and administer the unemployment compensation
insurance program in this state as established under the Texas Unemployment
Compensation Act, Texas Labor Code, Title 4, Subtitle A, as amended.
The definition of "Agency" shall apply to all uses of the term in
rules contained in this part, unless otherwise defined, relating to
the Texas Workforce Commission.
(3) Allocation--The amount approved by the Commission
for expenditures to a local workforce development area during a specified
program year, according to specific state and federal requirements.
(4) Board--A Local Workforce Development Board created
pursuant to Texas Government Code §2308.253 and certified by
the governor pursuant to Texas Government Code §2308.261. This
includes such a Board when functioning as the Local Workforce Investment
Board as described in the Workforce Innovation and Opportunity Act
(WIOA) §107 (29 USC §3122), including those functions required
of a youth standing committee, as provided for under WIOA §107(i).
The definition of Board shall apply to all uses of the term in the
rules contained in this part, or unless otherwise defined, relating
to the Texas Workforce Commission. Boards are subrecipients as defined
in OMB Circular A-133.
(5) Child Care--Child care services funded through
the Commission, which may include services funded under the Child
Care and Development Fund, WIOA, and other funds available to the
Commission or a Board to provide quality child care to assist families
seeking to become independent from, or who are at risk of becoming
dependent on, public assistance while parents are either working or
participating in educational or training activities in accordance
with state and federal statutes and regulations.
(6) Choices--The employment and training activities
created under §31.0126 of the Texas Human Resources Code and
funded under Temporary Assistance for Needy Families (TANF) (42 USC
601 et.seq.) to assist individuals who are receiving temporary cash
assistance, transitioning off, or at risk of becoming dependent on
temporary cash assistance or other public assistance in obtaining
and retaining employment.
(7) Commission--The body of governance of the Texas
Workforce Commission composed of three members appointed by the governor
as established under Texas Labor Code §301.002 that includes
one representative of labor, one representative of employers, and
one representative of the public. The definition of Commission shall
apply to all uses of the term in rules contained in this part, unless
otherwise defined, relating to the Texas Workforce Commission.
(8) Formal Measures--Workforce development services
performance measures adopted by the governor and developed and recommended
through the Texas Workforce Investment Council (TWIC).
(9) Employment Service--A program to match qualified
job seekers with employers through a statewide network of one-stop
career centers. (Wagner-Peyser Act of 1933 (Title 29 USC, Chapter
4B) as amended by WIOA (PL 113-128)).
(10) Executive Director--The individual appointed by
the Commission to administer the daily operations of the Agency, which
may include an individual delegated by the Executive Director to perform
a specific function on behalf of the Executive Director.
(11) Historically Underutilized Business (HUB)--A business
entity as defined in 34 TAC §20.282 that is certified by the
State of Texas, has not exceeded the standards for size established
by 34 TAC §20.294, and has established Texas as its principal
place of business.
(12) Local Workforce Development Area (workforce area)--Workforce
areas designated by the governor pursuant to Texas Government Code §2308.252
and functioning as a Local Workforce Investment Area, as provided
for under WIOA §106 and §189(i)(1) (29 USC §3121 and §3249).
(13) One-Stop Service Delivery Network--A one-stop--based
network under which entities responsible for administering separate
workforce investment, educational, and other human resources programs
and funding streams collaborate to create a seamless network of service
delivery that shall enhance the availability of services through the
use of all available access and coordination methods, including telephonic
and electronic methods--also known as Texas Workforce Solutions.
(14) Performance Measure--An expected performance outcome
or result.
(15) Performance Target--A contracted numerical value
setting the acceptable and expected performance outcome or result
to be achieved for a performance measure, including Core Outcome Formal
Measures. Achievement between 95 and 105 percent of the established
target is considered meeting the target.
(16) Program Year--The twelve-month period applicable
to the following as specified:
(A) Child Care: October 1 - September 30;
(B) Choices: October 1 - September 30;
(C) Employment Service: October 1 - September 30;
(D) Supplemental Nutrition Assistance Program Employment
and Training: October 1 - September 30;
(E) Workforce Innovation and Opportunity Act (WIOA)
Vocational Rehabilitation: October 1 - September 30;
(F) Trade Act services: October 1 - September 30;
(G) WIOA Adult, Dislocated Worker, and Youth formula
funds: July 1 - June 30;
(H) WIOA Alternative Funding for Statewide Activities:
October 1 - September 30;
(I) WIOA Alternative Funding for One-Stop Enhancements:
October 1 - September 30; and
(J) WIOA, Adult Education and Literacy: July 1 - June
30.
(17) Supplemental Nutrition Assistance Program Employment
and Training (SNAP E&T)--A program to assist SNAP recipients to
become self-supporting through participation in activities that include
employment, job readiness, education, and training, activities authorized
and engaged in as specified by federal statutes and regulations (7
USC §2011), and Chapter 813 of this title relating to Supplemental
Nutrition Assistance Program Employment and Training.
(18) TANF--Temporary Assistance for Needy Families,
which may include temporary cash assistance and other temporary assistance
for eligible individuals, as defined in the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, as amended (7 USC §2011
et seq.) and the TANF statutes and regulations (42 USC §601 et
seq.), 45 Code of Federal Regulations (CFR) Parts 260 - 265). TANF
may also include the TANF State Program (TANF SP), relating to two-parent
families, which is codified in Texas Human Resources Code, Chapter
34.
(19) Trade Act Services--Programs authorized by the
Trade Act of 1974, as amended (and 20 CFR Part 617) providing services
to dislocated workers eligible for Trade benefits through Workforce
Solutions Offices.
(20) TWIC--Texas Workforce Investment Council, appointed
by the governor pursuant to Texas Government Code §2308.052 and
functioning as the State Workforce Investment Board, as provided for
under WIOA §101(e) (29 USC §3111(e). In addition, pursuant
to WIOA §193(a)(5) (29 USC §3253(a)(5)), TWIC maintains
the duties, responsibilities, powers, and limitations as provided
in Texas Government Code §§2308.101 - 2308.105.
(21) WIOA--Workforce Innovation and Opportunity Act--(PL
113 - 128, 29 USC §3101 et seq.). References to WIOA include
references to WIOA formula-allocated funds unless specifically stated
otherwise.
(22) WIOA Formula-Allocated Funds--Funds allocated
by formula to workforce areas for each of the following separate categories
of services: WIOA adult, dislocated worker, and youth (excluding the
secretary's and governor's reserve funds and rapid response funds).
(23) Workforce Solutions Offices Partner--An entity
that carries out a workforce investment, educational, or other human
resources program or activity, and that participates in the operation
of the One-Stop Service Delivery Network in a workforce area consistent
with the terms of a memorandum of understanding entered into between
the entity and the Board.
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| Source Note: The provisions of this §800.2 adopted to be effective February 19, 2001, 26 TexReg 1566; amended to be effective September 3, 2001, 26 TexReg 6719; amended to be effective June 30, 2002, 27 TexReg 5527; amended to be effective December 22, 2003, 28 TexReg 11357; amended to be effective August 23, 2004, 29 TexReg 8148; amended to be effective September 14, 2009, 34 TexReg 6341; amended to be effective February 7, 2011, 36 TexReg 592; amended to be effective February 24, 2014, 39 TexReg 1195; amended to be effective December 16, 2018, 43 TexReg 8148; amended to be effective February 25, 2019, 44 TexReg 871 |
