The following new, repealed and amended rules will be effective May 25, 2000.

The Texas Workforce Commission (Commission) adopts new §§801.21-801.29 relating to the One-Stop Service Delivery Network. Sections 801.21, 801.25 and 801.27-809.29 are adopted with changes to the proposed text as published in the January 21, 2000, issue of the Texas Register(25 TexReg 368). Sections 801.22-801.24 and 801.26 are adopted without changes and will not be republished.

The Texas Workforce Commission (Commission) adopts the repeal of §§ 841.11-841.13 and new §841.11, relating to the One-Stop Service Delivery Network, without changes to the proposed text as published in the January 21, 2000, issue of the Texas Register (25 TexReg 372).

The adopted rules set forth the One-Stop Service Delivery Network, developed by the Commission in partnership with the local workforce development boards (Boards), and emphasize the partnership between the Commission and the Boards in assuring compliance with Texas Government Code, Chapter 2308.

Background and Purpose: The purpose of the rules is to facilitate the maintenance and continuous improvement of the One-Stop Service Delivery Network as established in Texas Government Code, Chapter 2308, and Texas Labor Code, Chapters 301 and 302. The adopted rules provide a framework that is reflective of the Workforce Investment Act, 29 U.S.C.A. §2801 et seq., (WIA) one-stop principles and the principles of Texas' vision as presented in the WIA State Plan. The WIA principles are: streamlining services, empowering individuals, universal access, increased accountability, a strong role for Boards and the private sector, and state and local flexibility. The four principles of Texas' vision are: limited and efficient state government, local control, personal responsibility, and support for strong families.

The system outlined herein emphasizes the partnership between the Boards and the Commission in providing a seamless network of information and services that is responsive to the individual needs of customers. The adopted rules identify Texas Workforce Center standards, required partners, and other entities that may be additional or voluntary partners in the One-Stop Delivery Network. The rules also provide support for innovation and excellence in performance and service delivery in coordination with the Commission's incentive rules.

The purpose of §801.21 is to set forth the scope and purpose of the rules contained in the subchapter.

The purpose of §801.22 is to set forth the requirement to maintain a One-Stop Service Delivery Network.

The purpose of §801.23 is to set forth the definitions applicable to the One-Stop Service Delivery Network.

The purpose of §801.24 is to set forth the different levels of certification for Texas Workforce Centers.

The purpose of §801.25 is to set forth the standards applicable to the certification of Texas Workforce Centers.

The purpose of §801.26 is to set forth the provisions relating to One-Stop Innovation Plans.

The purpose of §801.27 is to set forth the provisions relating to the Texas Workforce Center Partners.

The purpose of §801.28 is to set forth the services available through the One-Stop Service Delivery Network.

The purpose of §801.29 is to set forth the limitations on delivery of services.

New Chapter 801, Subchapter B, is added as the location for rules regarding the One-Stop Service Delivery Network.

The Commission received public comments from the West Central Workforce Development Board, the Texas Commission for the Blind and the Texas Rehabilitation Commission. One commenter requested clarification and suggested several changes to the rule. Two of the commenters generally agreed with the rules and stated they were well written but suggested one change. Changes to the rules are for the purposes described in the responses or for the purpose of clarification.

Comment: Regarding §801.25(a)(6) one commenter recommended deletion of the word "written" as it relates to the required provision of information by a Certified Texas Workforce Center because persons receiving the information may wish to view the information on a computer screen rather than from a printed hard copy.

Response: The Commission asserts that the proposed subsection complies with Texas Government Code §2308.313 that requires the provision of a "document" with the required information. An individual could elect to view the information electronically rather than a printed hard copy version of the information. Therefore, the Commission does not believe that deleting the word "written" is appropriate.

Comment: Regarding §801.25(a)(11) one commenter requested clarification regarding the requirement that "information packages" be available to customers because the commenter felt that the requirement seemed to conflict with a customer-friendly and flexible approach that would emphasize providing only that information that is needed or wanted by the customer. The commenter recommended rewording the requirement to read: "prepare and provide access to information for customers that describe services..."

Response: The Commission agrees that the purpose of the requirement is to ensure a customer-friendly and flexible approach by providing customers with information sufficient to make informed consumer choices on those services and programs they may wish to access or for which they may request more detailed information. However, customers may not know what information they want or need until they see what information is available. The Commission does not intend that the information packets provide detailed explanations of the required information or that all customers be given information packages whether they want them or not. Therefore, the Commission will amend the subsection to require that the information packages be prepared and available, and that they briefly describe the required information.

Comment: Regarding §801.25(b)(3) one commenter recommended replacing "resume preparation stations" with "resume preparation software" to eliminate the implication that personal computers would be designated exclusively as resume preparation stations, thus requiring customers to use other computers to access the Internet and job matching systems.

Response: The Commission agrees with the commenter and will amend the subsection to require customer access to resume preparation tools, including software.

Comment: Regarding §801.25(b)(5) one commenter recommended that the menu of services with corresponding fee schedule be "available upon request" rather than displayed to eliminate customer assumptions that fees are associated with certain services, regardless of the customer's eligibility status.

Response: The Commission asserts that in order to make informed consumer decisions, customers need to know what, if any, fees are associated with specific services. The Commission asserts that the fee schedules should be visible to the public rather than "available upon request" in order to relieve the customer of the burden of having to request the information. For that reason, the Commission declines to amend the rule language as proposed. The Commission states that Texas Workforce Center operators could eliminate confusion by adding a caveat to the menu that the fees are dependent upon eligibility status.

Comment: Regarding §801.25(b)(6) one commenter recommended either deleting the phrase "direct supervision of all personnel" or replacing it with "on-site management of all personnel" to ensure that center operators at sites not managed by the Commission's staff are not in conflict with the Master Contract Part G Section 3.3 that requires the Commission's supervision of the Commission's employees, whether on-site or not.

Response: The Commission agrees with the commenter. The Commission's intent is to ensure effective and efficient management of workforce centers and will amend the rule to provide for on-site management, rather than supervision, of the Commission's staff by Texas Workforce Center operators.

Comment: Regarding §801.27(a) one commenter recommended deleting the provision because it is not appropriate or reasonable to require Chief Elected Officials (CEOs) to enter into Memorandums of Understanding (MOUs) with required partners in their areas. The commenter further asserted that the role of the CEO is a local decision typically addressed in the Partnership Agreement. The commenter also recommended deletion of the requirement that CEOs agree on a voluntary partner's participation because the involvement of CEOs in the process of selecting or agreeing on the inclusion of other entities and voluntary partners in the one-stop network is a local decision.

Response: The Commission agrees and clarifies that the rule as proposed requires only that CEOs agree that the Board should enter into MOUs with workforce center partners, not that CEOs sign the agreements themselves. To clarify the provision , the rule is amended to state that each Board shall obtain a general authorization from the CEOs for actions taken under the subsection. Therefore, the Commission does not believe that deleting this section is appropriate.

Comment: Regarding §801.28(a)(3) one commenter interpreted the provision to indicate that eligibility determinations for all partner programs must be provided as a core service, and suggested that this creates significant liability to workforce center operators when partner staff are not available on site to conduct eligibility determinations on their own programs.

Response: The WIA at § 121 (b)(1)(A)(i) (29 U.S.C.A. §2841) states that each required one-stop partner shall make core services applicable to its program available through the workforce center. Section 134(d)(2) (29 U.S.C.A. §2864) requires that partners assist individuals with applying for and establishing eligibility. The Commission agrees to clarify the language of the rule to state expressly that all certified Texas Workforce Centers shall provide core services that include determinations of whether individuals are eligible "for programs funded through the Commission that are available" through the One-Stop Service Delivery Network.

Comment: Regarding §801.28(a)(6) two commenters recommended deleting the requirement that voluntary workforce center partners submit performance and program cost information to the Commission on eligible providers of various services, including the vocational rehabilitation program activities. The two commenters asserted that providers of these services will report performance and cost information to the Rehabilitation Services Administration and the Texas Council on Workforce and Economic Competitiveness, and not the Texas Workforce Centers.

Response: The WIA at § 134 (d)(2)(F) (29 U.S.C.A. §2864) requires the submission of performance and program cost information on all eligible providers of training services as described in Section 122. If either the Texas Rehabilitation Commission (TRC) or the Texas Commission on the Blind (TBC) or contractors of TRC or TBC submitted a training program for certification under WIA §122 (29 U.S.C.A. §2842), the submitting entity would be required to provide performance and cost information. If training programs funded through TRC or TBC are not submitted for certification, performance and cost information is not required. Participation in the center and the provision of core services from the center does not in and of itself require the submission of performance and cost information on training programs. The Commission does not believe that deleting this requirement is appropriate.

Comment: Regarding §801.28(a)(11) one commenter suggested that language in subsection 801.28(a)(11) indicated that the workforce center operator should assist in determining eligibility for Choices and Food Stamp Employment and Training benefits, which is solely a Texas Department of Human Services (TDHS) responsibility. The commenter stated that if the Commission intended to ensure that potentially eligible individuals are referred to TDHS for service, then rewording the subsection for clarity was recommended.

Response: The Commission agrees that TDHS is the agency responsible for determining whether or not an individual is eligible for Temporary Assistance for Needy Families (TANF) and Food Stamp benefits. The TDHS also determines whether the clients are required to participate in the Choices or Food Stamp Employment and Training activities. As a result of TDHS's determination, the mandatory participants are referred to the appropriate Board's Texas Workforce Center for participation in allowable activities. A Texas Workforce Center's caseworker does an assessment regarding the individual's ability to work consistent with the work first principles. If the individual is not work ready, the caseworker performs an assessment and assists the individual with identifying applicable training and choosing among options to assist the individual with participating in a work or work enhancing activity. The proposed rule does not indicate to the contrary, nor does the Commission require that the one-stop center partners assist individuals with applying for TANF and Food Stamp benefits or determine eligibility for Choices or Food Stamp Employment and Training activities. The one-stop center partners' role includes providing access to information on program requirements, referral to the appropriate partner staff who will determine whether or not participation is required, and assistance in collecting and providing required information. The Commission does not agree that changes to paragraph (11) are necessary but directs the commenter to the clarification in §801.28(a)(3).

The new rules are adopted under Texas Labor Code, §§301.061 and 302.002, which provide the Commission with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of Commission programs.

§801.21. Scope and Purpose.

(a) The purpose of this subchapter is to set forth the rules relating to the One-Stop Service Delivery Network as set forth in Texas Government Code, Chapter 2308, Texas Labor Code, Chapters 301 and 302, and Workforce Investment Act (WIA) § 121 (29 U.S.C.A. §2841). It is the intent of the Commission, in partnership with Boards, to facilitate the development and maintenance of the One-Stop Service Delivery Network such that information and services responsive to their individual needs are available to all customers. The One-Stop Service Delivery Network shall be evaluated against the established levels of certification as well as any additional standards developed by the Commission to ensure the continuous improvement of the system.

(b) The rules contained in this Subchapter B, relating to the One-Stop Delivery System, shall apply, except that to the extent of any conflict, the provisions of Texas Government Code, Chapter 2803 and Section 801.2 of this Chapter 801, relating to Local Workforce Development Boards, shall govern.

§801.22. Requirement to Maintain a One-Stop Service Delivery Network.

Each Board shall maintain a One-Stop Service Delivery Network, consistent with WIA, state law and this subchapter. The One-Stop Service Delivery Network shall include at least one Certified Full Service Texas Workforce Center providing the core services listed in §801.28 of this subchapter.

§801.23. Definitions.

In addition to the definitions contained in §800.2 of this Title, relating to Definitions, the following words or terms, when used in Part XX of this Title, relating to the Texas Workforce Commission, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Certified Full Service Texas Workforce Center — A local full service workforce center that has integrated service functions to aid service seekers in all aspects of employment and training in a seamless, nonprogram-specific manner, and has been found to meet the requirements of a Full Service Texas Workforce Center set out in §801.25(b).

(2) Certified Texas Workforce Center — A local workforce center that provides integrated services to aid service seekers in all aspects of employment and training in a seamless nonprogram-specific manner, and has been found to meet the requirements of a Certified Texas Workforce Center set out in §801.25(a).

(3) One-Stop Innovation Plan — A voluntary action plan describing improvements to the One-Stop Service Delivery Network in a Board area that may include: improvements in customer satisfaction, increased regional cooperation among Boards, enhanced performance on established local performance measures, and enhanced coordination of delivery of services with workforce center partners prepared in a format determined by the Commission, in cooperation with Boards, and in coordination with incentive rules contained in Chapter 800, Subchapter D (relating to Incentive Awards).

(4) 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 will enhance availability of services through the use of all available access and coordination methods, including telephonic and electronic methods.

(5) Texas Workforce Center Partner — an entity which carries out a workforce investment, educational or other human resources program or activity, and which participates in the operation of the One-Stop Service Delivery Network in a local workforce development area consistent with the terms of a memorandum of understanding entered into between the entity and the Board.

(a) All Texas Workforce Centers must meet the basic workforce center standards set out in §801.25(a).

(b) In order to obtain certification as a Certified Full Service Texas Workforce Center, a Texas Workforce Center must meet full service standards set out in §801.25(a) and (b).

(c) The Commission may establish additional levels of certification to ensure continuous development of the One-Stop Service Delivery Network.

§801.25. Texas Workforce Center Standards.

(a) Basic Workforce Center Standards. The Commission has established basic standards that must be met by all Texas Workforce Centers. Certified Texas Workforce Centers shall:

(1) be available to employers, students and workers throughout the local workforce development area;

(2) provide access to information and services, including employment services;

(3) address individual needs of customers by providing processes for the following three methods of accessing services: self-service, basic access, and full access;

(4) provide services that are tailored to meet individual needs and include: labor market information, a common intake and eligibility determination process, an independent assessment and service strategy, centralized and continuous case management and counseling, access to Individual Training Account (ITA) services for education and training needs, supportive services (including access to subsidized child care), student loans, and other forms of financial assistance required to participate in and complete training;

(5) not provide developmental services, such as General Educational Development (GED), English as a Second Language (ESL), or Adult Basic Education (ABE);

(6) provide each person with written information on local demand occupations, projected wage level upon completion of training programs, and performance of training providers when requested;

(7) implement a process for initial contact that is customer-driven and flexible;

(8) ensure access throughout the workforce development area by developing electronic methods for service delivery, such as kiosk, Internet, and wide area network (WAN);

(9) ensure staff are experienced and knowledgeable in all required programs and services for job seekers and for employers;

(10) implement a tiered customer-driven service delivery strategy that includes: information through individual self-service, job search assistance in group settings, access to information on filing a claim for unemployment insurance benefits, and specialized, intensive staff-assisted services;

(11) prepare and make available understandable information packages for customers that briefly describe services, locations, self-service options, job openings, career exploration methods, labor market information, training opportunities, educational opportunities, and consumer information, and that also provide a mechanism for customer feedback on services provided;

(12) implement a timely and efficient referral and follow up process for employment-related services;

(13) provide independent assessment of individual needs that includes assessment of literacy levels for Choices clients who have not recently received a literacy level assessment;

(14) maintain a user-friendly resource center that makes available computerized information systems with access to labor market information, demographics, occupations, and educational opportunities;

(15) make available core services, as defined in §801.28, of the following programs: Title I of WIA serving adults, dislocated workers and youth; Food Stamp Employment and Training; TANF Choices activities; access to subsidized Child Care Services; Wagner-Peyser Employment Services; Trade Adjustment Assistance; veterans' employment and training programs; adult education; National Literacy Act services; non-certificate postsecondary career and technology training; Senior Texans Employment Program; Apprenticeship Program; National Community Services Act Program; Project RIO for ex-offenders; and access to unemployment insurance benefits. Boards shall ensure that staff be available to provide the core services of these programs during all Texas Workforce Center operating hours;

(16) ensure availability through the Texas Workforce Centers of other services for the programs listed in subparagraph (15) of this section;

(17) provide reasonable accommodation and accessibility in accordance with the Americans with Disabilities Act (ADA); and

(18) meet each of the requirements for Certified Full Service Texas Workforce Centers within twelve months of certification as a Texas Workforce Center.

(1) design a customer-friendly waiting area and implement written procedures that define the measures taken to minimize customer wait time in the reception area and in other areas of the Texas Workforce Center;

(2) develop written procedures for following up on referrals to determine customer receipt of services, appropriateness of the referral to address the customer's needs and the extent of customer satisfaction with the referral process and service received;

(3) provide customer access to the statewide job matching system, resume preparation tools, including software, and the Internet;

(4) provide consumer information on the quality of education and training providers and include a mechanism for customer feedback on personal experience with such providers;

(5) develop and display a menu of services with a corresponding fee schedule for services available at the Certified Full Service Texas Workforce Center;

(6) demonstrate: on-site management of all personnel, a plan for cross-training staff in all services, minimal programmatic specialization of staff, non-duplication of efforts, removal of redundancies within program activities, and maximum flexibility to optimize utilization of resources;

(7) provide basic labor exchange services, including access to job orders for applicants, access to applicants for employers, and screening and referral methods for matching appropriate applicants and job orders; and

(8) provide centralized case management activities for specialized populations, such as the welfare, veterans, dislocated workers and disabled populations.

(a) Each Board may submit a One-Stop Innovation Plan at a time and in a format to be determined by the Commission.

(b) The executive director of the Commission or the executive director's designee shall evaluate the submitted One-Stop Innovation Plans.

§801.27. Texas Workforce Center Partners.

(a) Each Board shall maintain one or more memoranda of understanding that set out the obligations of the Board and each partner in the operation of the One-Stop Service Delivery Network in the local workforce development area. Each Board shall obtain a general authorization from the CEOs for actions taken under this subsection.

(b) Subject to the limitations as referenced in §801.29 of this Chapter, relating to Limitations on Delivery of Services, the required Texas Workforce Center Partners are the entities that administer the following in the local workforce development area:

(1) services authorized under Title I of WIA for adults, dislocated workers and youths;
(2) Food Stamp Employment and Training services;
(3) Temporary Assistance for Needy Families - Choices services;
(4) subsidized child care services;
(5) Welfare-to-Work block grant services;
(6) Wagner-Peyser employment services;
(7) Trade Adjustment Assistance and NAFTA/TAA services;
(8) veterans' employment services;
(9) adult education activities;
(10) National Literacy Act services;
(11) non-certificate postsecondary career and technology training;
(12) Senior Texans Employment Program (STEP) services;
(13) apprenticeship training;
(14) National and Community Services Act;
(15) Project RIO services for ex-offenders; and
(16) Unemployment Insurance.

(1) vocational rehabilitation program services (for example, Texas Rehabilitation Commission, Texas Commission for the Blind);
(2) migrant and seasonal farmworker employment services;
(3) secondary and postsecondary vocational education and training activities;
(4) community services block grant programs;
(5) employment and training services provided through grantees of the U. S. Department of Housing and Urban Development;
(6) Job Corps services for youth; and
(7) Native American programs.

(a) Core Services. All Certified Texas Workforce Centers shall provide core services, as defined in WIA § 134(d)(2) (29 U.S.C.A. §2864 (d)(2)) and Texas Government Code, Chapter 2308, including:

(1) outreach;

(2) intake, which may include worker profiling, and orientation to the information and services available through the One-Stop Service Delivery Network;

(3) determinations of whether the individuals are eligible for programs funded through the Commission that are available through the One-Stop Service Delivery Network;

(4) initial assessment of skill levels, aptitudes, abilities, and supportive service needs;

(5) job search and placement assistance and, where appropriate, career counseling;

(6) provision of performance information and program cost information on eligible providers of training services as described in §§ 841.31 - 841.47 of this chapter (relating to Training Provider Certification), provided by program, and eligible providers of youth activities described in WIA §123 (29 U.S.C.A. §2843), providers of adult education described in Title II of WIA, providers of postsecondary vocational education activities and vocational education activities available to school dropouts under the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C.A. §2301 et seq.), and providers of vocational rehabilitation program activities described in Title I of the Rehabilitation Act of 1973 (29 U.S.C.A. §720 et seq.);

(7) provision of information regarding how the local area is performing on the local performance measures and any additional performance information with respect to the One-Stop Service Delivery Network in the local area;

(8) provision of information regarding filing claims for unemployment compensation;

(9) provision of employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including job vacancy listings in such labor market areas, information on job skills necessary to obtain the jobs listed, and information related to local occupations in demand and the earnings and skill requirements for such occupations;

(10) provision of accurate information relating to the availability of supportive services, including child care and transportation, available in the local workforce development area, and referral to such services, as appropriate;

(11) assistance in establishing eligibility for Welfare-to-Work activities, Choices, Food Stamp Employment and Training, and programs of financial aid assistance for training and education that are available in the local area; and

(12) follow up services, including counseling regarding the work place, for participants in workforce investment activities authorized under Chapter 841 of this Title, relating to Workforce Investment Act, who are placed in unsubsidized employment, for not less than 12 months after the first day of the employment, as appropriate.

(1) comprehensive and specialized assessments of the skill levels and service needs of adults and dislocated workers, such as diagnostic testing and use of other assessment tools, in-depth interviewing, and evaluation to identify employment barriers and employment goals;

(2) development of an individual employment plan and service strategy to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant to achieve employment goals and objectives;

(3) group counseling;

(4) individual counseling and career planning;

(5) centralized and continuous case management; and

(6) short-term prevocational services, including learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct to prepare individuals for unsubsidized employment or training.

(1) occupational skills training, including training for nontraditional employment;
(2) on-the-job training;
(3) programs that combine work place training with related instruction;
(4) training programs operated by the private sector;
(5) skills upgrading and retraining;
(6) entrepreneurial training;
(7) job readiness training;
(8) adult education and literacy activities in combination with services with activities described in (1)-(7) of this section; and
(9) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of training.

(1) all other permissible local employment and training activities included in the local workforce development plan, which may include discretionary one-stop activities, supportive services, and needs-related payments as outlined in WIA §134(e) (29 U.S.C.A. §2864(e));

(2) all programs and activities administered by the Texas Workforce Center Partners; and

(3) the information described in Wagner-Peyser Act, §15, and all job search, placement, recruitment and other labor exchange services authorized under the Wagner-Peyser Act (29 U.S.C.A. 49 et seq.).

Delivery of services under §801.28 of this Title, relating to Services Available Through the One-Stop Service Delivery Network, is subject to state law requirements on Board organization and service delivery structure as found in Texas Government Code, Chapter 2308, and Chapter 801 of this Title, relating to Local Workforce Development Boards, as well as eligibility requirements and limitations of individual programs.

The Texas Workforce Commission (Commission) adopts the repeal of §§ 841.11-841.13 and new §841.11, relating to the One-Stop Service Delivery Network, without changes to the proposed text as published in the January 21, 2000, issue of the Texas Register (25 TexReg 372).

The adopted rules set forth the One-Stop Service Delivery Network developed by the Commission in partnership with the local workforce development boards (Boards) and emphasize the partnership between the Commission and the Boards in assuring compliance with Texas Government Code, Chapter 2308. Additional information on the repeal and new rule contained in this Chapter 841 may be found in the adoption notice of new and amended rules (§§801.21-801.29) published in this issue of the Texas Register.

No comments were received on the repeal of §§841.11-841.13 and new §841.11.

The repeals are adopted under Texas Labor Code, §§301.061 and 302.002, which provide the Commission with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of Commission programs.

§841.11. Requirement to Maintain a One-Stop Delivery System.
§841.12. Requirements of a One-Stop Delivery System.
§841.13. Limitations on Delivery of Services

The new rule is adopted under Texas Labor Code, §§301.061 and 302.002, which provide the Commission with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of Commission programs.

§841.11. Requirement to Maintain a One-Stop Service Delivery Network.

Each Board shall maintain a One-Stop Service Delivery Network consistent with WIA, state law, and Chapter 801 of this Title, relating to Local Workforce Development Boards. The One-Stop Service Delivery Network shall include at least one Certified Full Service Workforce Center as defined in §801.23 of this Title, relating to Definitions, providing the core services listed in §801.28 of this Title, relating to Services Available Through the One-Stop Service Delivery Network.