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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