WIA

This is the mary cano type of business creates wit your tax money......isn't she worth the amount of services provided,????

2009-06-21T20:12:00.000-07:00

"Ezekiel 25:17 - The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men. Blessed is he that shepherds the weak from the valley of darkness for he is truly his brother's keeper, and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers, and you will know my name is the Lord when I lay my vengeance upon thee."

Ambulance firms raided in Medicaid fraud inquiry

Companies in Dallas, 11 other cities searched in billing investigation

12:00 AM CST on Thursday, December 7, 2006

By TANYA EISERER / The Dallas Morning News

Fraud investigators served 19 search warrants in Dallas and 11 other cities in a wide-ranging inquiry into allegations of fraudulent billing practices by ambulance companies, the Texas attorney general said Wednesday.

"This is a statewide fleecing of millions of dollars from Texas taxpayers of the Medicaid system," said Attorney General Greg Abbott. "There were billings that were either for more than the amount of services provided, or even billings for services that were not provided. [The] bottom line is we have a statewide operation cracking down on Medicaid fraud."

The investigation centers on ambulance companies suspected of submitting false claims to Medicare, Medicaid, private insurers and the Federal Employees Health Benefits Plan, said Jerry Strickland, a spokesman for the attorney general's office.

The inquiry, Operation Easy Rider, began at least six months ago after the Texas Health and Human Services Commission reported discrepancies in billing practices, Mr. Strickland said. The agency oversees the disbursement of Medicaid funds.

"The fraud that we're dealing with really doesn't have anything to do with any kind of complexities that may exist in the system," Mr. Abbott said. "We're dealing with people who are just out and out cheating and lying to the state of Texas, stealing money from the taxpayers of the state of Texas.

"They thought, gosh, that [they] could take money by overcharging the state of Texas, overcharging the Medicaid system, maybe no one would see."

Officials declined to release further details, citing the continuing investigation.

The attorney general's Medicaid Fraud Control Unit was involved in the operation, along with federal agents from the inspector general's office at the U.S. Department of Health and Human Services, the FBI, the inspector general's office for the U.S. Office of Personnel Management, the U.S. Postal Inspection Service and the U.S. Department of Homeland Security.

North Texas ambulance companies that were searched included Carefirst EMS on Centre Street and Judd Court in Dallas; Greater Dallas EMS on South Hall Street in Dallas; All State Ambulance Service in Rowlett; Advicare Ambulance Transfer Service in DeSoto; and Visions EMS in Cedar Hill.

Officials with the ambulance companies either declined to comment or could not be reached for comment.

Mr. Strickland also confirmed that law officers arrested the owners of an ambulance service in McAllen, Texas, as part of the raids.

Chris Heinbaugh of WFAA-TV (Channel 8) contributed to this report.

E-mail teiserer@dallasnews.com

Why would Medicaid side with a wrongdoer? Federal medicaid and insurance inc sitting in a tree......

2009-01-29T00:27:00.000-08:00

Search Toolkit

MEDICAID "LIEN" RESOLUTION

Medicaid has only a right of Subrogation

All the money recovered in most personal injury actions should go to the injured Plaintiff.
Avoid the conflict of interests in representing two competing parties, the injured Plaintiff and the State.
Attorneys are mistakenly creating "equitible liens" by suing for medical expenses in personal injury actions to the detriment of the client.

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Medicaid, nationwide, has been considered to have a "lien" on any personal injury recovery such as motor vehicle accidents and "slip and falls" since its inception. That all changed with the United States Supreme Court decision in ADHHS v Ahlborn, 547 US 268 (2006). From that point forward, it should have been recognized that the Medicaid claim is actually one of subrogation. Unfortunately, to the significant and totally unnecessary financial loss of injured plaintiffs, the full impact of this decision has not been understood by personal injury attorneys.

Medicaid has only a right of subrogation as against a wrongdoer in a personal injury action. That is the fact. The statute [42 USC 1396(a)25 ] does not give the State a "lien". Why, therefore, do plaintiffs' attorneys across the nation continue to remit part of their client's settlement for their injuries back to the State? Why do they tell the injured client that there is a lien that must be repaid? Why, when they are possibly committing legal malpractice, should the attorneys be pleased that they have been able to get the State to reduce their claim to 50% from the standard two-thirds they normally claim? We all know that the attorneys take their full one-third off the top and then negotiations begin with the State. The attorneys are being fully compensated. Perhaps the injured client should have the same privilege.

The legal rationale of the bar generally and the flaw in their legal analysis is found in the form of the pleadings and in the scope of the General Release tendered at the conclusion of the personal injury law suit. The simple version is that if a claim by the injured plaintiff is made for medical expenses paid by another (Medicaid) and there is a release given by that injured plaintiff for all damages of any kind, including medical expenses, then the injured plaintiff has collected money that belongs to Medicaid. If Medicaid has paid an expense, if that expense is to be reimbursed, it must go to the one who actually incurred the loss, the payor, Medicaid. In a subrogation action, Medicaid is the "real party in interest" relative to recovery of medical expenses. If an injured plaintiff recovers another's medical expenditures, then he has created an "equitable lien". Since he has money that does not belong to him, he must pay it back to the State.

The error occurs in collecting the State's money in the first instance. Since the recovery of medical expenses is the State's right, let it bring about the collection. If the injured plaintiff in a fall down accident does not claim, prove nor release the State's rights, then all the money recovered in the personal injury action goes to the injured plaintiff. The methodology is straight forward: Do not claim medical expenses in the lawsuit. Specifically advise opposing counsel that Medicaid may have a right of subrogation for medical expenditures and that the client is not making a claim for any of those damages. This pleading should also be sent to the State representative in charge of Medicaid. That way, everyone is on notice that no claim is being made for medical expenses arising out of this accident. Finally, when the Release is exchanged, make certain that it is for "bodily injury, pain and suffering only" and that "any and all rights of subrogation by insurance companies and Medicaid are preserved and survive this settlement". Those statements, along with some other specific language, should make it crystal clear that the claim and resolution were for the bodily injuries, pain and suffering only.

Ahlborn held generally that were there was a "global" release for pain and suffering and medical expenses but the recovery was for less that full value and all parties stipulated to those conditions, then the recovery had to be allocated on a pro rata basis with the same percentage values going to the claimant and the State. Here, the recommendation is not to issue a "global" release but only a Release for "pain and suffering". Then there will have been no "equitable lien" created and, therefore, no obligation to share any of the proceeds with the State.

Attorneys will argue that insurance companies will not take such a release in a typical motor vehicle or "slip and fall" action. They must argue this because none have ever tired it. The fact is that carriers must accept such a release if the pleadings are proper and there is notice to all sides and parties that this is only a claim for injuries, pain and suffering. If the carrier refuses, then the injured plaintiff may need take his case to verdict. There he will obtain a judgment which can be enforced against the insurance company. The insurance company now must pay. And since the injured party did not claim nor prove medical expenses, those items still remain the property of the State to initiate a lawsuit or claim aganist the wrongdoer, not the plaintiff or the plaintiff's attorney. This form of practice works. This practice directs more of the recovery to the party injured in the automobile accident or in the "slip and fall". It also avoids any conflicts of interest as the attorneys are only working for one claimant, the injured party. The attorney is not obligated to represent the injured party and the State for two separate, competing claims arising out of the same personal injury accident and being paid from a single source of money. It is better for the injured plaintiff. It is ultimately better for the attorney as there can be no claim of conflict of interests.

each Federal department or agency, including the United States Postal Service, shall ensure, unless an undue burden

2008-06-18T05:36:00.000-07:00

PL 105-220, 1998 HR 1385
PL 105-220, enacted on August 7, 1998, 112 Stat 936
codified as: Section 504 of the Rehabilitation Act, 29 U.S.C. § 794d

WORKFORCE INVESTMENT ACT OF 1998

SEC. 508. ELECTRONIC AND INFORMATION TECHNOLOGY.

(a) REQUIREMENTS FOR FEDERAL DEPARTMENTS AND AGENCIES.--

(1) ACCESSIBILITY.--

(A) DEVELOPMENT, PROCUREMENT, MAINTENANCE, OR USE OF ELECTRONIC AND INFORMATION TECHNOLOGY.--When developing, procuring, maintaining, or using electronic and information technology, each Federal department or agency, including the United States Postal Service, shall ensure, unless an undue burden would be imposed on the department or agency, that the electronic and information technology allows, regardless of the type of medium of the technology--

(i) individuals with disabilities who are Federal employees to have access to and use of information and data that is comparable to the access to and use of the information and data by Federal employees who are not individuals with disabilities; and

(ii) individuals with disabilities who are members of the public seeking information or services from a Federal department or agency to have access to and use of information and data that is comparable to the access to and use of the information and data by such members of the public who are not individuals with disabilities.

(B) ALTERNATIVE MEANS EFFORTS.--When development, procurement, maintenance, or use of electronic and information technology that meets the standards published by the Access Board under paragraph (2) would impose an undue burden, the Federal department or agency shall provide individuals with disabilities covered by paragraph (1) with the information and data involved by an alternative means of access that allows the individual to use the information and data.

(2) ELECTRONIC AND INFORMATION TECHNOLOGY STANDARDS.--

(A) IN GENERAL.--Not later than 18 months after the date of enactment of the Rehabilitation Act Amendments of 1998, the Architectural and Transportation Barriers Compliance Board (referred to in this section as the 'Access Board'), after consultation with the Secretary of Education, the Administrator of General Services, the Secretary of Commerce, the Chairman of the Federal Communications Commission, the Secretary of Defense, and the head of any other Federal department or agency that the Access Board determines to be appropriate, including consultation on relevant research findings, and after consultation with the electronic and information technology industry and appropriate public or nonprofit agencies or organizations, including organizations representing individuals with disabilities, shall issue and publish standards setting forth--

(i) for purposes of this section, a definition of electronic and information technology that is consistent with the definition of information technology specified in section 5002(3) of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)); and

(ii) the technical and functional performance criteria necessary to implement the requirements set forth in paragraph (1).

(B) REVIEW AND AMENDMENT.--The Access Board shall periodically review and, as appropriate, amend the standards required under subparagraph (A) to reflect technological advances or changes in electronic and information technology.

(3) INCORPORATION OF STANDARDS.--Not later than 6 months after the Access Board publishes the standards required under paragraph (2), the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation and each Federal department or agency shall revise the Federal procurement policies and directives under the control of the department or agency to incorporate those standards. Not later than 6 months after the Access Board revises any standards required under paragraph (2), the Council shall revise the Federal Acquisition Regulation and each appropriate Federal department or agency shall revise the procurement policies and directives, as necessary, to incorporate the revisions.

(4) ACQUISITION PLANNING.--In the event that a Federal department or agency determines that compliance with the standards issued by the Access Board under paragraph (2) relating to procurement imposes an undue burden, the documentation by the department or agency supporting the procurement shall explain why compliance creates an undue burden.

(5) EXEMPTION FOR NATIONAL SECURITY SYSTEMS.--This section shall not apply to national security systems, as that term is defined in section 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1452).

(6) CONSTRUCTION.--

(A) EQUIPMENT.--In a case in which the Federal Government provides access to the public to information or data through electronic and information technology, nothing in this section shall be construed to require a Federal department or agency--

(i) to make equipment owned by the Federal Government available for access and use by individuals with disabilities covered by paragraph (1) at a location other than that where the electronic and information technology is provided to the public; or

(ii) to purchase equipment for access and use by individuals with disabilities covered by paragraph (1) at a location other than that where the electronic and information technology is provided to the public.

(B) SOFTWARE AND PERIPHERAL DEVICES.--Except as required to comply with standards issued by the Access Board under paragraph (2), nothing in paragraph (1) requires the installation of specific accessibility-related software or the attachment of a specific accessibility-related peripheral device at a workstation of a Federal employee who is not an individual with a disability.

(b) TECHNICAL ASSISTANCE.--The Administrator of General Services and the Access Board shall provide technical assistance to individuals and Federal departments and agencies concerning the requirements of this section.

(c) AGENCY EVALUATIONS.--Not later than 6 months after the date of enactment of the Rehabilitation Act Amendments of 1998, the head of each Federal department or agency shall evaluate the extent to which the electronic and information technology of the department or agency is accessible to and usable by individuals with disabilities described in subsection (a)(1), compared to the access to and use of the technology by individuals described in such subsection who are not individuals with disabilities, and submit a report containing the evaluation to the Attorney General.

(d) REPORTS.--

(1) INTERIM REPORT.--Not later than 18 months after the date of enactment of the Rehabilitation Act Amendments of 1998, the Attorney General shall prepare and submit to the President a report containing information on and recommendations regarding the extent to which the electronic and information technology of the Federal Government is accessible to and usable by individuals with disabilities described in subsection (a)(1).

(2) BIENNIAL REPORTS.--Not later than 3 years after the date of enactment of the Rehabilitation Act Amendments of 1998, and every 2 years thereafter, the Attorney General shall prepare and submit to the President and Congress a report containing information on and recommendations regarding the state of Federal department and agency compliance with the requirements of this section, including actions regarding individual complaints under subsection (f).

(e) COOPERATION.--Each head of a Federal department or agency (including the Access Board, the Equal Employment Opportunity Commission, and the General Services Administration) shall provide to the Attorney General such information as the Attorney General determines is necessary to conduct the evaluations under subsection (c) and prepare the reports under subsection (d).

(f) ENFORCEMENT.--

(1) GENERAL.--

(A) COMPLAINTS.--Effective 2 years after the date of enactment of the Rehabilitation Act Amendments of 1998, any individual with a disability may file a complaint alleging that a Federal department or agency fails to comply with subsection (a)(1) in providing electronic and information technology.

(B) APPLICATION.--This subsection shall apply only to electronic and information technology that is procured by a Federal department or agency not less than 2 years after the date of enactment of the Rehabilitation Act Amendments of 1998.

(2) ADMINISTRATIVE COMPLAINTS.--Complaints filed under paragraph (1) shall be filed with the Federal department or agency alleged to be in noncompliance. The Federal department or agency receiving the complaint shall apply the complaint procedures established to implement section 504 for resolving allegations of discrimination in a federally conducted program or activity.

(3) CIVIL ACTIONS.--The remedies, procedures, and rights set forth in sections 505(a)(2) and 505(b) shall be the remedies, procedures, and rights available to any individual with a disability filing a complaint under paragraph (1).

(g) APPLICATION TO OTHER FEDERAL LAWS.--This section shall not be construed to limit any right, remedy, or procedure otherwise available under any provision of Federal law (including sections 501 through 505) that provides greater or equal protection for the rights of individuals with disabilities than this section.

how many participants in the Buc parade this year use the Lone Star card." ~a ? I suppose, a statement.? Ask a duchess......u no 'em 2?

2008-05-18T22:58:00.000-07:00

Because without a lawyer, a person untrained in the law has no idea what his rights are or how to assert them

2008-03-20T02:59:00.000-07:00

Using Sybase technology, it was able to re-architect and re-implement the application, reducing both the size and frequency of client releases.

2007-12-24T05:02:00.000-08:00

Texas Workforce commission ~AKA ~WIA~

2007-07-21T16:44:00.000-07:00

Equal Opportunity Employer ~legalization ~ 2.modify your JOB opportunities

2007-06-19T02:56:00.000-07:00

Texas Public Education Watchdog Authority: Dear Chuy Hinojosa, Florence Shapiro and distinguished Education Committee Members

2007-05-27T02:30:00.000-07:00

Texas Public Education Watchdog Authority: Dear Chuy Hinojosa, Florence Shapiro and distinguished Education Committee Members

Just give us (Education) the Lottery Proceeds as per original bill of sale. The Lottery was sold to us (the voters of the great State of Texas) as 100% of the proceeds were for Educating our youth.

What percentage of the Lottery proceeds (currently) are dedicated to the education of our youth?

Why is it, the wealth always steals from our children after acting like they were creating, “doing it for th kids” huge reservoirs of Avarice to siphon off.

Like the Lottery originally was ratified by the people of the Great State of Texas with the belief ot was a moneymaker for our Children’s Education. And now how much of the Lottery revenue makes it to Public Education?

Perry Craddick & Corporate Welfare in the name of WIA, ED Byrne Grant, and under the guise of helping the poor.

With the Education funding we should demand that the dedication of lottery money to the Education of our Children be adhered to as it was sold to Texas. The Lottery when legislated was for the Education of Texas Students. Finally, the Private Sector is funded under the WIA slush fund for Corporate Welfare Recipients under the Guise of a Welfare Reform or Welfare to Work / JOB generating program to help the poor. The rich are getting richer in the name of helping the poor. And one needs to always remember it is both parties dippin into the creative crony contractualism. Give it a title, write a grant and set up a front office with a computer and a sign; then get some brochures and a few token clients and funnel the Avarice in a shell game like manner and voila a new ranch or a new house maybe an agency hummer or King Ranch Pickup Truck with a magnetic sign. Give a few JOBS to your network affiliates and send the clients to perform community based work and get rich and richer doing it. Ask Mary Cano or Oscar Martinez to explain it in detail. Charmed I'm sure.

TFT LEGISLATIVE HOTLINE--FRIDAY, MAY 25, 2007
>(copyright 2007 Texas Federation of Teachers)
>
>Proposed State Budget Shortchanges Schools and Educators; Keep Up the Fight
>For House TRS Plan; House at a Standstill as Speaker Clings to Power
>
>Proposed Budget Shortchanges Public Schools, Education Employees: TFT
>President Linda Bridges put out a press statement today deploring the
>results of the House-Senate conference committee on the 2008-2009 budget.
>The state budget plan in House Bill 1 still must win the approval of
>majorities in both the House and Senate. As President Bridges' statement
>below explains, HB 1 in its current form does not deserve that approval:
>
>"Education and educators would be shortchanged badly in the budget proposed
>by House-Senate conferees this afternoon. Based on the information
>currently
>available, school funding would remain static, not even getting back to the
>level of state and local funding school districts had in 2002 in real
>terms, after you take inflation into account. The $850-a-year
>cost-of-living pay raise for teachers passed by the House last month would
>shrivel to about $425, according to the legislative budget staff. If paid
>out to all teachers across the board, this would amount to less than $25 a
>month after taxes and deductions--not even enough to cover the cost of
>rising average health-care premiums. And the conferees took pains today to
>say the money would not even have to be paid out across the board to all
>teachers.
>
>"Worst of all is what this budget proposal would do regarding TRS pension
>benefits. The bill would withhold an eminently affordable and exceedingly
>modest pension boost--a 13th check for TRS retirees--unless other
>legislation passes
>to impose new levies on all current school employees. The only way retirees
>would get a 13th check, under this scheme devised by Sen. Robert Duncan,
>would be if active school employees pay a higher contribution rate, taking
>roughly $50 million a year out of their pockets. This plan totally
>contradicts the House legislation passed unanimously on Wednesday that
>would provide a 13th check for retirees fully funded by the state, without
>imposing any new levies on active employees.
>
>"In short, school districts under this budget would regain none of the
>ground they have lost financially, teachers would get at best a measly pay
>raise of less than $25 a month that wouldn't even keep up with inflation,
>and 300,000 school support personnel would suffer an actual pay cut, as a
>result of the higher levies imposed on them for TRS with no compensating
>increase in pay. You have to give the
>conferees credit--it takes a certain ingenuity to come up with a plan this
>bad at a time when the state is sitting on a record-high budget surplus."
>
>Keep Up the Fight for House TRS Plan! At this writing members of the Texas
>House are standing firm in support of their unanimously approved plan for a
>13th check for TRS retirees, funded by an increase in the state
>contribution rate to 6.7 percent, with no new costs imposed on active
>school employees. Several Senate offices reported to us today that they are
>receiving a high volume of calls in support of this House version of SB
>1846--as well they should be. The Senate alternative proposed by Sen.
>Robert Duncan, Republican of Lubbock, is a thinly veiled attempt to shift
>state costs for TRS pensions onto active employees and their school
>districts.
>
>Duncan let slip the real agenda during floor debate on his plan,
>noting that increasing the TRS levy on active employees and requiring a
>contribution from school districts could "free up general revenue for other
>purposes." In other words, this scheme would allow the state to save money
>by shifting costs onto education employees and local taxpayers.
>
>Duncan's staff in response to callers today reportedly was claiming that
>the freshly hatched budget deal (see above) means that there's no money and
>no time left to provide this session for the 6.7-percent state contribution
>rate that the House proposes. But that's not so. The legislature has
>billions of dollars left to allocate right now, and it would take only a
>tiny fraction of that treasure--less than 1 percent of it, in fact--for the
>state to get to the 6.7-percent TRS contribution rate from the 6.58 percent
>already built into the budget. Even if the budget bill passes in its
>current form, the
>House plan for a fully state-paid 13th check with no new costs imposed on
>active employees could also still pass and become law with full force and
>effect, delivering a 13th check in September.
>
>The upshot is that you have an opportunity right now to shape the outcome
>of this TRS benefit fight in the critical remaining days before adjournment
>of the legislative session on Monday. Just send the letter on this issue to
>your state senator from the TFT Web site. If you don't know your state
>senator, you can find out quickly when you go to that Web letter.
>
>Speaker's Grip on Gavel Threatened: The Texas House came to a standstill at
>8 PM this evening, as Speaker of the House Tom Craddick shut off House
>members' microphones and called a three-hour recess to head off a
>rank-and-file revolt
>threatening to oust him from the speaker's chair. The Midland Republican is
>under heavy fire from both fellow Republicans and Democrats for what many
>consider his tyrannical rule of the House. Tonight he gave them new grist
>for their argument, by ruling that there is no appeal to the membership as
>a whole if he blocks the parliamentary procedure needed to oust him. His
>ruling, epitomizing the arbitrary, one-man rule of which Speaker Craddick
>stands accused, apparently has led to the resignation of the House
>parliamentarian in protest this evening. Like everyone else at the capitol,
>we are now waiting to see if the House will actually reconvene tonight.
>Keep an eye out for news of the latest developments in the daily TFT
>hotlines that will be published each of the next three days as the
>legislative session hurtles toward final adjournment.

Senate Committee on Education

Committee Information

Chair

.Florence Shapiro

Vice-Chair

.Kyle Janek

Members:

.Kip Averitt
.Steve Ogden
.Dan Patrick
.Leticia Van de Putte

.Royce West
.Tommy Williams
.Judith Zaffirini

"IN THE KNOW": dont ever forget who put you on the map.

2007-05-24T07:13:00.000-07:00

"IN THE KNOW": dont ever forget who put you on the map.

Dear Rev. Jones,

Tuesday Morning on El Defenzor Live you posed a question (In our eyes) did the past city council do anything positive?

The answer is simple

It takes many good deeds to build a reputation, and only one bad one to lose it. - Ben Frankiln.

Leadership or associates that have been shown to have lied, deliberately misled or fabricated information or have hidden their beliefs or behaviors to gain an audience, money, friendship, even upon a declared repentance, could never be fully trusted again in many people's minds. Not because they cannot be forgiven, but because, by their very own deceptive words they have deliberately misled people for gain in some way, while being in a place of influence or control and trust in another person's life. The lies have fully broken their trustworthiness, and saying they can now be trusted is not the same as being able to trust them. True Biblical repentance would likely have those in leadership remove themselves from any position of authority, because of the very necessary Biblical qualifications for being placed in leadership in the first place. Leadership must prove they are indeed trustworthy, honest and sound in the faith, which would of necessity take more than a little time to prove, especially for those who have betrayed trust through lies and deception.

Be fair, lose that big head (humble yourself) and let Homer speak. You have 4 other days to talk, talk, talk and now people actually listen but dont ever forget who put you on the map.

Your's Truly,

J. Kenedeno

Program expansion is a natural result of the need to support CCisd or are youin need a feasibility study could immediately begin to assess.....illeg

2007-04-16T16:36:00.000-07:00

Watt is the hold up Mary Cano......

2007-03-09T03:53:00.000-08:00

Substitute Teaching Does Not Qualify as Employment per Texas Workforce Commission

2007-03-06T23:32:00.000-08:00

Tuesday, March 06, 2007

TEXAS UNEMPLOYMENT COMPENSATION LAW

TEXAS UNEMPLOYMENT COMPENSATION LAW
A. Sources of Law, Organization, and Websites
The Texas Unemployment Compensation Act is found at TEX. LABOR CODE ANN.
CHAPTER 201.
The “Texas Workforce Commission” (referred to herein as “TWC”) is the state agency
that administers the act pursuant to TEX. LABOR CODE ANN. CHAPTER 301. Prior to 1995,
the agency that administered the act was called the “Texas Employment Commission,” and the
older case law will refer to it (or TEC) rather than the Texas Workforce Commission or TWC.
Pursuant to TEX. LABOR CODE ANN. §§301.061 and 302.002, the TWC has enacted rules and
regulations, and the rules and regulations for unemployment insurance may be found at 40 TEX.
ADMIN. CODE Chapter 815. UNEMPLOYMENT INSURANCE.
TWC has a detailed website at http://www.twc.state.tx.us. You will need to make sure
that you have Adobe Acrobat Reader to access many of the items in the website. When you
open the website, it will have a map of Texas surrounded by boxes with various headings that are
interactive links to the website. Click on the heading that says “JOB SEEKERS AND
EMPLOYEES”. When you click on this heading, it will take you to a table of contents and the
topics are also interactive links to the site. Click on the heading that says “Unemployment Claim
and Appeals Information,” and it will take you to the table of contents for “Unemployment
Claim and Appeals Information,” which is located at the following address:
http://www.twc.state.tx.us/customers/jsemp/jsempsub2.html. Another helpful part of the website
is the table entitled “Laws: Statutes and Rules” located at
http://www.twc.state.tx.us/customers/rpm/rpmsub1.html and the headings are interactive links to
the laws and rules.
The website includes a complete copy of the above mentioned rules, and the index to the
rules may be found in a table located at http://www.twc.state.tx.us/twcinfo/rules/twcrules.html.
The unemployment compensation rules are found in Chapter 815 in the table and may be
accessed in either PDF (requires Adobe Acrobat to read) or Word 97 format. In addition to the
rules, the TWC Appeals Manual, which describes the appeals process and states the procedures
for the handling of appeals, may be found at http://www.twc.state.tx.us/ui/appl/app_man1.html.
The TWC Appeals Policy and Precedent Manual, which contains digest paragraphs of case
holdings made or approved by the Commission and designated by the Commission to stand as
precedent, is available online also at http://www.twc.state.tx.us/ui/appl/app_manual.html.

207.041. SERVICES IN EDUCATIONAL INSTITUTIONS: "reasonable assurance that the individual will perform services

 § 207.041. SERVICES IN EDUCATIONAL INSTITUTIONS.  (a)
Benefits are not payable to an individual based on services
performed in an instructional, research, or principal
administrative capacity for an educational institution for a week
beginning during the period between two successive academic years
or terms or under an agreement providing for a similar period
between two regular but not successive terms if:
 (1)  the individual performed the services in the first
of the academic years or terms;  and
 (2)  there is a contract or reasonable assurance that
the individual will perform services in that capacity for any
educational institution in the second of the academic years or
terms.
(b)  Benefits are not payable to an individual based on
services performed for an educational institution in a capacity
other than a capacity described by Subsection (a) for a week that
begins during a period between two successive academic years or
terms if:
 (1)  the individual performed the services in the first
of the academic years or terms;  and
 (2)  there is a reasonable assurance that the
individual will perform the services in the second of the academic
years or terms.
(c)  Notwithstanding Subsection (b), if benefits are denied
to an individual for any week under Subsection (b) and the
individual is not offered an opportunity to perform services for
the educational institution for the second of the academic years or
terms, the individual is entitled to a retroactive payment of the
benefits for each week that:
 (1)  the individual filed a timely claim for benefits;
and               
 (2)  the benefits were denied solely because of
Subsection (b).           
(d)  Benefits are not payable to an individual based on
services performed for an educational institution for a week that
begins during an established and customary vacation period or
holiday recess if:
 (1)  the individual performed the services in the
period immediately before the vacation period or holiday recess;
and
 (2)  there is a reasonable assurance that the
individual will perform the services in the period immediately
following the vacation period or holiday recess.
(e)  Benefits are not payable as provided under this section
to an individual based on services performed in an educational
institution if the individual performed the services while employed
by an educational service agency.  For the purposes of this
subsection, "educational service agency" means a governmental
agency or other governmental entity that is established and
operated exclusively to provide services to one or more educational
institutions.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.

TPU 105.00: Substitute teachers may have reasonable

600 EDUCATIONAL INSTITUTION PERSONNEL HEARINGS

7. The following is current Commission policy, Appeal No. 82-4799-10-0782 (TPU 105.00), with regard to substitute teachers:

8. The following are some factors the Hearing Officer should keep in mind when deciding whether or not a substitute teacher had reasonable assurance of being called the next year or term:

The Hearing Officer should find out how long the claimant has been on a substitute teacher list for this employer and how many times they have been called.
The Hearing Officer should also determine the total number of people on the past substitute list and the probable number of people on the next year's list.
The method the employer uses in determining what people will be called from the substitute list should be explored.

APPEALS POLICY AND PRECEDENT MANUAL

TOTAL AND PARTIAL UNEMPLOYMENT

TPU 105.00

TPU 105.00 CONTRACT OBLIGATION.
INCLUDES CASES IN WHICH THE CLAIMANT'S CONTRACTS
OR AGREEMENTS HAVE AN EFFECT ON DETERMINING HIS
UNEMPLOYMENT STATUS.

Appeal No. 82-4799-10-0782. Substitute teachers may have reasonable
assurance of continued employment within the meaning of
Section 3(f) (now codified as Section 207.041) of the Act. In determining
whether such reasonable assurance exists with regard to
substitute teachers, the following criteria should be utilized:
The school district must furnish to the Commission
written statements which provide facts that the substitute
teacher has been asked to continue in the
same capacity for the following academic year. Simply
placing the substitute teacher on a list for the following
year does not establish reasonable assurance.
It must be shown that both parties expect the relationship
to resume at the beginning of the following
year. The assurance must also be based on past experience
with regard to the number of substitutes
needed in the past.

§ 2308.265. INCENTIVES AND WAIVERS. (A board.....certified by the governor?

2006-12-24T01:27:00.000-08:00

"Ezekial 25:17 - The path of the righteous man is beset on all sides by the inequites of the selfish and the tyranny of evil men. Blessed is he that shepherds the weak from the valley of darkness for he is truly his brother's keeper, and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers, and you will know my name is the Lord when I lay my vengeance upon thee."

GOVERNMENT CODE

CHAPTER 2308. WORKFORCE INVESTMENT ACT

SUBCHAPTER A. GENERAL PROVISIONS

§ 2308.001. SHORT TITLE. This chapter may be cited as the
Workforce Investment Act.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 818, § 1.02, eff.
Sept. 1, 2003.

§ 2308.002. DEFINITIONS. In this chapter:
(1) "Council" means the Texas Workforce Investment
Council.
(2) "Division" means the division of workforce
development of the Texas Workforce Commission.
(3) "Local labor market" means an economically
integrated geographical area within which individuals may reside
and find employment within a reasonable distance.
(4) "Workforce development" includes workforce
education and workforce training and services.
(5) "Workforce education" means articulated
career-path programs and the constituent courses of those programs
that lead to initial or continuing licensing or certification or
associate degree-level accreditation and that:
(A) are subject to:
(i) initial and ongoing state approval or
regional or specialized accreditation;
(ii) a formal state evaluation that
provides the basis for program continuation or termination;
(iii) state accountability and performance
standards; and
(iv) a regional or statewide documentation
of the market demand for labor according to employers' needs; or
(B) are subject to approval by the Texas Higher
Education Coordinating Board as adult vocational or continuing
education courses.
(6) "Workforce training and services" means training
and services programs that are not workforce education.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.01(a), eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 818, § 1.03, eff. Sept.
1, 2003.

§ 2308.003. CONTRACTING FOR PRIVATE SERVICES NOT
RESTRICTED. This chapter does not restrict a person's authority to
contract for the provision of workforce development without state
or federal funds.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.004. PROGRAM YEAR. Under this chapter, a program
year begins on July 1 and ends on June 30 unless otherwise specified
under appropriate state or federal law.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 1472, § 1, eff. Sept.
1, 1999.

§ 2308.005. APPLICATION OF SUNSET ACT. The Texas
Workforce Investment Council is subject to Chapter 325 (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the council is abolished September 1, 2015.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.02(a), eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1169, § 2.06, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 818, § 1.04, eff. Sept.
1, 2003.

§ 2308.006. APPLICATION OF PRIOR LAW. (a) If a change in
law made by House Bill 3431, Acts of the 76th Legislature, Regular
Session, 1999, would have the effect of invalidating an exemption
granted under the Workforce Investment Act of 1998 (Pub. L. No.
105-220), the Texas Workforce Investment Council may not operate
under that change in law but, instead, shall operate under the law
as it existed before September 1, 1999.
(b) A change in law described by Subsection (a) of this
section does not affect other related provisions or applications of
a statute that can be given effect without that change in law, and
to this end those other provisions and applications of the statute
shall be given effect.

Added by Acts 1999, 76th Leg., ch. 1472, § 2, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 818, § 1.05, eff. Sept. 1,
2003.

SUBCHAPTER B. COUNCIL MEMBERSHIP AND ADMINISTRATION

§ 2308.051. COUNCIL. (a) The council acts as a state
human resource investment council under the Job Training Reform
Amendments of 1992 (29 U.S.C. Section 1792 et seq.) and as a state
workforce investment board under the Workforce Investment Act of
1998 (Pub. L. No. 105-220).
(b) The council is attached for administrative purposes to
the office of the governor.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.03(a), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1472, § 3, eff. Sept. 1,
1999.

§ 2308.052. MEMBERSHIP. (a) The governor shall appoint
the members of the council as provided by this section.
(b) The council is composed of:
(1) three voting members who represent education, one
of whom represents local public education, one of whom represents
public postsecondary education, and one of whom represents
vocational education;
(2) five voting members who represent organized labor
appointed from recommendations made by recognized labor
organizations;
(3) five voting members who represent business and
industry, including business members serving on local workforce
development boards or private industry councils;
(4) one voting member who represents community-based
organizations; and
(5) the following ex officio voting members:
(A) the commissioner of education;
(B) the commissioner of higher education;
(C) the commissioner of human services;
(D) the executive director of the Texas
Department of Economic Development; and
(E) the executive director of the Texas Workforce
Commission.
(c) The membership of the council must represent the
geographic diversity of this state.
(d) A member of the council who represents a community-based
organization may not be a provider of services.
(e) Appointments to the council shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.04(a), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1472, § 4, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 818, § 2.01, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1170, § 48.01, eff. Sept. 1, 2003.

§ 2308.053. PRESIDING OFFICER. (a) The governor shall
designate one of the business or labor representatives on the
council as the presiding officer of the council to serve in that
capacity at the pleasure of the governor.
(b) The presiding officer of the council shall designate a
member of the council as assistant presiding officer to preside in
the absence of the presiding officer.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 818, § 2.02, eff.
Sept. 1, 2003.

§ 2308.054. TERMS. (a) A member of the council who does
not serve as an ex officio member serves a six-year term.
Approximately one-third of these members' terms expire in each
odd-numbered year.
(b) An ex officio member serves as a member of the council as
long as the member continues to serve in the designated office.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 818, § 2.03, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1170, § 48.02, eff.
Sept. 1, 2003.

§ 2308.055. DESIGNATED REPLACEMENTS. (a) A member of the
council may designate another person to attend a meeting for the
member.
(b) The designated person may participate in the activities
and discussions of the council but may not vote.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the council that a member who is not an ex officio
member:
(1) does not have at the time of appointment the
qualifications required by Section 2308.052;
(2) does not maintain during service on the council
the qualifications required by Section 2308.052;
(3) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term;
(4) is absent from more than one-fourth of the
regularly scheduled council meetings that the member is eligible to
attend during a calendar year without an excuse approved by a
majority vote of the council's members; or
(5) is absent from two consecutive council meetings
for which the member received notice not less than 48 hours before
the time of the meeting.
(b) The validity of an action of the council is not affected
by the fact that it is taken when a ground for removal of a council
member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the council of the ground. The presiding
officer shall then notify the governor and the attorney general
that a potential ground for removal exists. If the potential ground
for removal involves the presiding officer, the executive director
shall notify the next highest ranking officer of the council, who
shall then notify the governor and the attorney general that a
potential ground for removal exists.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 818, § 2.04, eff.
Sept. 1, 2003.

§ 2308.057. MEETINGS. The council shall meet at least
quarterly and at other times at the call of the presiding officer or
as provided by rules adopted by the council.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.058. SUBCOMMITTEES; TECHNICAL ADVISORY
COMMITTEES. (a) The presiding officer of the council may appoint
subcommittees consisting of members of the council for any purpose
consistent with the duties and responsibilities of the council
under this chapter.
(b) The presiding officer of the council may appoint
technical advisory committees composed of council members, persons
who are not council members, or both members and nonmembers.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.059. FISCAL AGENT. The office of the governor
shall serve as the council's fiscal agent.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.05, eff.
Sept. 1, 1997.

§ 2308.060. EXECUTIVE DIRECTOR. (a) The presiding
officer of the council shall appoint an executive director of the
council.
(b) The executive director shall:
(1) report to the presiding officer of the council;
(2) perform duties assigned by the council and under
state law;
(3) administer the daily operations of the council;
(4) appoint officers, accountants, attorneys,
experts, and other employees for the council and assign duties for
these employees to perform the council's powers and duties under
this chapter; and
(5) delegate authority to persons appointed under this
section as the executive director considers to be reasonable and
proper for the effective administration of the council.
(c) The executive director shall adopt the administrative
and personnel procedures of the council's fiscal agent.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.06(a), eff.
Sept. 1, 1997.

§ 2308.061. STAFF. (a) The council shall have an
independent staff with expertise sufficient to perform all duties
and responsibilities of the council.
(b) The staff may be supplemented by staff from other state
agencies who are temporarily assigned to assist with special
projects.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.065. FUNDING. (a) Federal funding for the
operation of the council shall be allocated according to federal
requirements.
(b) A state agency represented on the council shall provide
funds for the support of the council in proportion to the agency's
financial participation in the workforce development system. The
council, with the governor's approval, shall establish a funding
formula to determine the level of support each agency must provide.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 704, § 1, eff. Sept.
1, 2001.

SUBCHAPTER C. COUNCIL DUTIES AND POWERS

§ 2308.101. GENERAL DUTIES. (a) The council shall:
(1) promote the development of a well-educated, highly
skilled workforce in this state;
(2) advocate the development of an integrated
workforce development system to provide quality services
addressing the needs of business and workers in this state;
(3) recommend to the governor the designation or
redesignation of workforce development areas for the local planning
and delivery of workforce development;
(4) identify and recommend to the governor incentives
to encourage the consolidation, on a regional labor market basis,
of:
(A) local boards, councils, and committees; and
(B) service delivery areas authorized under
federal workforce legislation;
(5) review plans for local workforce development and
make recommendations to the governor for approval;
(6) evaluate the effectiveness of the workforce
development system;
(7) use the administrative records of the state's
unemployment compensation program and other sources as appropriate
in evaluating the workforce development system;
(8) encourage, support, or develop research and
demonstration projects designed to develop new programs and
approaches to service delivery;
(9) recommend measures to ensure that occupational
skills training is:
(A) provided in occupations that are locally in
demand; and
(B) directed toward high-skill and high-wage
jobs;
(10) monitor the operation of the state's workforce
development system to assess the degree to which the system is
effective in achieving state and local goals and objectives;
(11) develop and recommend to the governor criteria
for the establishment of local workforce development boards;
(12) carry out the federal and state duties and
responsibilities of advisory councils under applicable federal and
state workforce development laws or regulations;
(13) report periodically to the governor and the
legislature; and
(14) provide annual reports to the governor and the
legislature, including an annual report analyzing work development
programs that focus on welfare to work initiatives.
(b) The council shall provide the information required to be
reported under Subsections (a)(13) and (14) and Section 2308.104(a)
to the Texas Workforce Commission. The Texas Workforce Commission
shall include information provided under this subsection that
relates to the administration and operation of the state's
workforce development system with other information the commission
provides to the public on the Internet.
(c) The members of the council shall develop and implement
policies that:
(1) clearly separate:
(A) the policy-making responsibilities of the
members of the council; and
(B) the management responsibilities of the
executive director and the staff of the council; and
(2) provide the public with a reasonable opportunity
to appear before the council and to speak on any issue under the
jurisdiction of the council.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.07(a), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1472, § 5, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 704, § 2, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 818, § 3.01, eff. Sept. 1, 2003.

§ 2308.1015. DUTY TO FACILITATE DELIVERY OF INTEGRATED
WORKFORCE SERVICES. (a) To facilitate the seamless delivery of
integrated workforce services in this state, the council shall:
(1) evaluate programs administered by agencies
represented on the council to identify:
(A) any duplication of or gaps in the services
provided by those programs; and
(B) any other problems that adversely affect the
seamless delivery of those services; and
(2) develop and implement immediate and long-range
strategies to address problems identified by the council under
Subdivision (1).
(b) The council shall include in the council's annual report
to the governor and to the legislature:
(1) a list of specific problems identified by the
council under Subsection (a) to be addressed by the council in the
following year; and
(2) the results of any measures taken by the council to
address problems identified by the council under Subsection (a).
(c) The long-range strategies developed by the council
under Subsection (a) must:
(1) identify each agency represented on the council
that is responsible for implementing each strategy; and
(2) include a time frame for the implementation of
each strategy.

Added by Acts 2003, 78th Leg., ch. 818, § 3.02, eff. Sept. 1,
2003.

§ 2308.1016. DUTY TO FACILITATE DELIVERY OF INTEGRATED
ADULT EDUCATION AND LITERACY SERVICES. (a) In addition to any duty
imposed under this subchapter, to facilitate the efficient delivery
of integrated adult education and literacy services in this state,
the council shall:
(1) evaluate adult education and literacy programs
administered by the Texas Education Agency and the Texas Workforce
Commission to identify:
(A) any duplication of planning by those agencies
at the state and local level;
(B) any lack of adequate client information
sharing between those agencies; and
(C) any other problems that adversely affect the
delivery of those programs by the agencies;
(2) develop and implement immediate and long-range
strategies to address problems identified by the council under
Subdivision (1); and
(3) develop a system to monitor and evaluate the wage
and employment outcomes of students who participate in the adult
education and literacy programs administered by the Texas Education
Agency, including students referred to the programs by the Texas
Workforce Commission or local workforce development boards, to
ensure the effectiveness of the programs in improving the
employment-related outcomes of the students.
(b) The council shall include in the council's annual report
to the governor and to the legislature:
(1) a list of specific problems identified by the
council under Subsection (a) to be addressed by the council in the
following year; and
(2) the results of any measures taken by the council to
address problems identified by the council under Subsection (a).
(c) The long-range strategies developed by the council
under Subsection (a) must:
(1) identify the agency responsible for implementing
each strategy; and
(2) include a schedule for the implementation of each
strategy.

Acts 2003, 78th Leg., ch. 817, § 5.04, eff. Sept. 1, 2003.

§ 2308.102. ASSUMPTION OF DUTIES AND RESPONSIBILITIES.

Text of section as amended by Acts 2003, 78th Leg., ch. 110, § 2
(a) The council shall assume the duty to:
(1) develop, with the assistance of each appropriate
state agency, recommend to the governor, and report to the
legislature state plans required by applicable federal law in order
for the state to receive federal funds;
(2) make policy recommendations to the governor and
the legislature on goals and priorities for formula and
discretionary funds for all applicable programs;
(3) participate directly in the development of the
state plan for career and technology education, as required by law,
and recommend the plan to the Texas Education Agency;
(4) ensure that general revenue funds previously
available to the Texas Literacy Council are used to support the
efforts of local literacy councils in a manner consistent with the
state strategic plan;
(5) recommend to the State Board for Career and
Technology Education the division of federal funds between
secondary and postsecondary educational agencies under the Carl D.
Perkins Vocational and Applied Technology Education Act (20 U.S.C.
Section 2301 et seq.); and
(6) make recommendations to the Texas Workforce
Commission on unemployment insurance issues pertinent to the
responsibilities of the council.
(b) The council shall assume the responsibilities assigned
to the state advisory council under the following federal laws:
(1) the Job Training Partnership Act (29 U.S.C.
Section 1501 et seq.);
(2) the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. Section 2301 et seq.);
(3) the Adult Education Act (20 U.S.C. Section 1201 et
seq.);
(4) the Wagner-Peyser Act (29 U.S.C. Section 49 et
seq.);
(5) Part F, Subchapter IV, Social Security Act (42
U.S.C. Section 681 et seq.);
(6) the employment program established under Section
6(d)(4), Food Stamp Act of 1977 (7 U.S.C. Section 2015(d)(4)); and
(7) the National Literacy Act of 1991 (20 U.S.C.
Section 1201 et seq.).
(c) The council shall assume the responsibilities formerly
exercised by the following state advisory councils and committees:
(1) the State Job Training Coordinating Council;
(2) the Texas Council on Vocational Education;
(3) the Texas Literacy Council; and
(4) the Apprenticeship and Training Advisory
Committee.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.08(a), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1472, § 6, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 1420, § 9.014(a), eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 110, § 2, eff. Sept. 1, 2003.

For text of section as amended by Acts 2003, 78th Leg., ch. 818,
§ 3.03, see § 2308.102, post.

§ 2308.102. ASSUMPTION OF DUTIES AND RESPONSIBILITIES.

Text of section as amended by Acts 2003, 78th Leg., ch. 818, §
3.03
(a) The council shall assume the duty to:
(1) develop, with the assistance of each appropriate
state agency, recommend to the governor, and report to the
legislature state plans required by applicable federal law in order
for the state to receive federal funds;
(2) make policy recommendations to the governor and
the legislature on goals and priorities for formula and
discretionary funds for all applicable programs; and
(3) make recommendations to the Texas Workforce Commission
on unemployment insurance issues pertinent to the responsibilities
of the council.
(b) The council shall assume the responsibilities formerly
exercised by the Apprenticeship and Training Advisory Committee.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.08(a), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1472, § 6, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 1420, § 9.014(a), eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 818, § 3.03, eff. Sept. 1, 2003.

For text of section as amended by Acts 2003, 78th Leg., ch. 110,
§ 2, see § 2308.102, ante.

§ 2308.103. ADDITIONAL POWERS AND LIMITATIONS. (a) The
council may:
(1) adopt rules essential to the internal functions
and duties of the council;
(2) make expenditures, enter into contracts with
public, private, and nonprofit organizations or agencies, require
reports to be made, conduct investigations, and take other actions
necessary or suitable to fulfill the council's duties under this
chapter;
(3) delegate to the executive director any power or
duty imposed on the council by law, including the authority to make
a final order or decision;
(4) provide for the mediation or arbitration of
disputes between agencies that perform functions for state and
federal programs as provided by this chapter;
(5) accept gifts, grants, and donations of money,
goods, or services to be used only to accomplish the council's
duties under this chapter; and
(6) share employees with another state agency.
(b) The council may not:
(1) adopt rules related to the operation of workforce
development; or
(2) delegate to the executive director the authority
to adopt rules.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.104. STRATEGIC PLAN. (a) The council shall
develop and recommend to the governor and report to the legislature
a single strategic plan that establishes the framework for the
budgeting and operation of the workforce development system,
including school to careers and welfare to work components,
administered by agencies represented on the council. The council
shall annually report to the governor and the legislature on the
implementation of the strategic plan.
(b) The council shall engage in strategic planning by
selecting or developing two types of performance measures as
described by Subsections (c) and (d). To the fullest extent
possible, all measures must be selected from those already
developed and approved before September 1, 2001, by one or more
state agencies that administer workforce programs. The council may
develop a new measure only if the council:
(1) identifies a gap in accountability; or
(2) determines that at least one state agency
administering a workforce program cannot report under the measures
developed and approved before September 1, 2001.
(c) The first type of performance measure consists of formal
measures identifying outcomes that are essentially consistent
across all workforce programs. Job placement rates, job retention
rates, and wage rates may be included among those measures. The
council may develop or select not more than five formal measures.
The council shall develop or select each formal measure in
consultation with the state agencies required to report under this
subsection. Once approved by the governor and the Legislative
Budget Board, a formal measure becomes part of the state's
performance budget and accounting system and applies to each state
agency that administers a workforce program.
(d) The second type of performance measure consists of less
formal measures to provide information determined by the council to
be essential in development of the strategic plan under this
section. Employer participation rates, customer satisfaction
levels, and educational attainment may be included among those
measures. The council shall develop or select each less formal
measure with the approval of the governor and in consultation with
the state agencies required to report under this subsection. The
Legislative Budget Board shall provide technical assistance to the
council to ensure that the measures and associated reporting
criteria are consistent with the state's performance budget and
accounting system. The council may exempt a state agency that
administers a workforce program from any requirement to use a less
formal measure.
(e) In addition to the other requirements of this chapter,
the strategic plan recommended by the council must recognize and
address literacy and basic education as activities that are
critical to the well-being of individuals and the state without
regard to whether the training and education is directed at
preparing an individual for employment.
(f) The council shall include in the strategic plan goals,
objectives, and performance measures for the workforce development
system that involve programs of all state agencies that administer
workforce programs.
(g) On approval of the plan by the governor, an agency
administering a workforce program shall use the strategic plan to
develop the agency's operational plan.
(h) The council shall include in the strategic plan
long-range strategies developed by the council under Section
2308.1015 to facilitate the seamless delivery of integrated
workforce services in this state.
(i) The council shall include in the strategic plan the
long-range strategies developed by the council under Section
2308.1016 to facilitate the efficient delivery of integrated adult
education and literacy services in this state.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.07(b), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1472, § 7, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 704, § 3, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 817, § 5.05, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 818, § 3.04, eff. Sept. 1, 2003.

§ 2308.105. LOCAL SERVICE INTEGRATION. The governor,
with the council and the local workforce development boards, shall:
(1) identify specific barriers to integrated service
delivery at the local level;
(2) request waivers from federal and state
regulations; and
(3) advocate changes in federal and state laws to
promote local service integration.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.106. DIVISION ASSISTANCE. The division shall
assist a local workforce development board in designing effective
measures to accomplish the board's responsibilities under Section
2308.302.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.09(a), eff.
Sept. 1, 1997.

§ 2308.107. COMPLAINTS AGAINST COUNCIL. (a) The council
shall maintain a file on each written complaint filed with the
council. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the council;
(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 council closed the file without taking action other than to
investigate the complaint.
(b) The council shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the council's policies and procedures relating to complaint
investigation and resolution.
(c) The council, 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.

Added by Acts 2003, 78th Leg., ch. 818, § 3.05, eff. Sept. 1,
2003.

§ 2308.108. POLICY ON TECHNOLOGICAL SOLUTIONS. The
members of the council shall develop and implement a policy
requiring the executive director and council employees to research
and propose appropriate technological solutions to improve the
council's ability to perform its functions. The technological
solutions must:
(1) ensure that:
(A) the public is able to easily find information
about the council on the Internet; and
(B) persons who want to use the council's
services are able to:
(i) interact with the council 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 council's planning
processes.

Added by Acts 2003, 78th Leg., ch. 818, § 3.05, eff. Sept. 1,
2003.

SUBCHAPTER D. INFORMATION AND TRAINING

§ 2308.151. ESTABLISHMENT OF FUNDING FORMULA FOR
EVALUATION SYSTEM. The council shall establish, with the approval
of the governor, a funding formula to determine the level of support
each agency administering a workforce program must provide to
operate the automated follow-up and evaluation system administered
by the Texas Workforce Commission under Subchapter E, Chapter 302,
Labor Code.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 1472, § 8, eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 704, § 4, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 818, § 4.01, 4.02, 5.01, eff. Sept. 1,
2003.

§ 2308.158. COUNCIL TRAINING; STANDARDS OF CONDUCT
INFORMATION. (a) A person who is appointed to and qualifies for
office as a council member may not vote, deliberate, or be counted
as a member in attendance at a meeting of the council 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 council;
(2) the programs operated by the council;
(3) the role and functions of the council;
(4) the rules of the council, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the council;
(6) the results of the most recent formal audit of the
council;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552;
(C) the administrative procedure law, Chapter
2001; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
council or the Texas Ethics Commission.
(c) Each council member shall comply with the member
training requirements established by any other state agency that is
given authority to establish the requirements for the council.
(d) The executive director shall provide to the council's
members and employees, 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
and employees.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 818, § 2.05, eff.
Sept. 1, 2003.

§ 2308.159. STATE EMPLOYEE INCENTIVE PROGRAM INFORMATION
AND TRAINING. The executive director or the executive director's
designee shall provide to council employees information and
training on the benefits and methods of participation in the state
employee incentive program.

Added by Acts 2003, 78th Leg., ch. 818, § 3.06, eff. Sept. 1,
2003.

SUBCHAPTER E. COUNCIL RECOMMENDATIONS AND IMPLEMENTATION BY STATE
AGENCIES

§ 2308.201. DEVELOPMENT OF RECOMMENDATIONS. The council
shall develop recommendations periodically in each of the council's
areas of responsibility and shall submit the recommendations to the
governor.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.202. CONSIDERATION OF RECOMMENDATIONS BY THE
GOVERNOR. (a) The governor shall consider the recommendations
submitted under this subchapter.
(b) The governor shall approve, disapprove, or modify the
recommendations.
(c) The governor shall:
(1) return the recommendations to the council to be
forwarded as appropriate; or
(2) forward an approved or modified recommendation
without returning the recommendation to the council.
(d) A recommendation that is not approved, disapproved, or
modified by the governor before the 60th day after the date the
recommendation is submitted shall be considered approved by the
governor.
(e) A recommendation that is approved or modified shall be
forwarded to the appropriate agency for implementation.
(f) A recommendation that is approved or modified and that
requires a change in state or federal law shall be forwarded to the
appropriate legislative body for its consideration.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.203. ACTION BY STATE AGENCIES. (a) A state agency
that is responsible for the administration of human resources or
workforce development in this state shall implement a
recommendation under this subchapter if the recommendation does not
violate a federal or state law.
(b) A state agency shall:
(1) provide requested information to the council in a
timely manner;
(2) report on the implementation of the council's
recommendations at the time and in the format requested by the
council; and
(3) notify the governor, the executive director, and
the presiding officer of the council within 30 days if the agency
determines that a recommendation cannot be implemented.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.11(a), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1472, § 12, eff. Sept.
1, 1999.

§ 2308.205. FUND AVAILABILITY AND SERVICES. A state
agency represented on the council shall provide to the council and
each local workforce development board an estimate of fund
availability and services provided by the state agency in each
local workforce development area.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.206. PROVISION OF SERVICES BY STATE AGENCIES. A
state agency represented on the council shall, consistent with
state and federal law, provide workforce training and services in
accordance with the local workforce development plan developed by
the local workforce development board and approved by the governor
and shall implement rules and policies consistent with the plan.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

SUBCHAPTER F. CREATION AND ADMINISTRATION OF LOCAL WORKFORCE
DEVELOPMENT AREAS AND LOCAL WORKFORCE DEVELOPMENT BOARDS

§ 2308.251. DEFINITIONS. In this subchapter:
(1) "Board" means a local workforce development board.
(2) "Veteran" means a person who:
(A) has served in:
(i) the army, navy, air force, coast guard,
or marine corps of the United States or the United States Public
Health Service under 42 U.S.C. Section 201 et seq., as amended;
(ii) the state military forces as defined
by Section 431.001; or
(iii) an auxiliary service of one of those
branches of the armed forces; and
(B) has been honorably discharged from the branch
of the service in which the person served.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1426, § 1, eff. Sept.
1, 2001.

§ 2308.2515. APPLICATION OF PRIOR LAW. (a) If a change in
law made by House Bill 3480, Acts of the 76th Legislature, Regular
Session, 1999, would have the effect of invalidating an exemption
granted under the Workforce Investment Act of 1998 (Pub. L. No.
105-220), a local workforce development board may not operate under
that change in law but, instead, shall operate under the law as it
existed before the effective date of this Act.
(b) A change in law described by Subsection (a) of this
section does not affect other related provisions or applications of
a statute that can be given effect without that change in law, and
to this end those other provisions and applications of the statute
shall be given effect.

Added by Acts 1999, 76th Leg., ch. 1103, § 1, eff. Sept. 1, 1999.

§ 2308.252. DESIGNATION OF WORKFORCE DEVELOPMENT
AREAS. (a) The governor shall, after receiving the
recommendations of the council, publish a proposed designation of
local workforce development areas for the planning and delivery of
workforce development.
(b) A local workforce development area:
(1) is composed of more than one contiguous unit of
general local government that includes at least one county;
(2) is consistent with either a local labor market
area, a metropolitan statistical area, one of the 24 substate
planning areas, or one of the 10 uniform state service regions; and
(3) is of a size sufficient to have the administrative
resources necessary to provide for the effective planning,
management, and delivery of workforce development.
(c) Units of general local government, business and labor
organizations, and other affected persons and organizations must be
given an opportunity to comment on and request revisions to the
proposed designation of a workforce development area.
(d) After considering all comments and requests for
changes, the governor shall make the final designation of workforce
development areas.
(e) The governor may redesignate workforce development
areas not more than once every two years. A redesignation must be
made not later than four months before the beginning of a program
year.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.253. CREATION OF LOCAL WORKFORCE DEVELOPMENT
BOARDS. (a) The chief elected officials in a workforce development
area may form, in accordance with rules established by the Texas
Workforce Commission, a local workforce development board to:
(1) plan and oversee the delivery of workforce
training and services; and
(2) evaluate workforce development in the workforce
development area.
(b) The authority granted under Subsection (a) does not give
a local workforce development board any direct authority or control
over workforce funds and programs in its workforce development
area, other than programs funded through that board.
(c) Before a local workforce development board may be
created, at least three-fourths of the chief elected officials in
the workforce development area who represent units of general local
government must agree to the creation of the board, including all of
the chief elected officials who represent units of general local
government that have populations of at least 200,000. The elected
officials who agree to the creation of the board must represent at
least 75 percent of the population of the workforce development
area.
(d) The chief elected officials shall consider the views of
all affected local organizations, including private industry
councils and quality workforce planning committees, before making a
final decision on the formation of a board.
(e) An agreement on the formation of a board must be in
writing and must include:
(1) the purpose for the agreement;
(2) the process to be used to select the chief elected
official who will act on behalf of the other chief elected
officials;
(3) the process to be used to keep the chief elected
officials informed regarding local workforce development
activities;
(4) the initial size of the board;
(5) how resources allocated to the local workforce
development area are to be shared among the parties to the
agreement;
(6) the process, consistent with applicable federal
and state law, for the appointment of the board members; and
(7) the terms of office of the board members.
(f) In a state planning area in which there is more than one
local workforce development area, the quality workforce planning
committee of that state planning area shall continue in existence
to provide labor market information for the entire state planning
area until local workforce development boards are certified in each
workforce development area in that state planning area.
(g) The chief elected officials designated under Subsection
(c) shall enter into a partnership agreement with the board to:
(1) select the grant recipient and the administrative
entity for the local workforce development area; and
(2) determine procedures for the development of the
local workforce development plan.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.09(b),
19.12(a), eff. Sept. 1, 1997.

§ 2308.254. LIMITATION ON EXERCISE OF BOARD POWERS. (a)
A power or duty granted a board under this chapter may not be
exercised in a workforce development area until:
(1) the chief elected officials in that area agree on
the establishment of a board as provided by Section 2308.253(c);
and
(2) the board is certified by the governor.
(b) A private industry council in an area in which a board is
not created or in which the chief elective officers are unable to
agree on the establishment of a board may not exercise any of the
powers granted a board by this chapter, except for a power granted
under the federal Job Training Partnership Act (29 U.S.C. Section
1501 et seq.).

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.12(b), eff.
Sept. 1, 1997.

§ 2308.255. APPOINTMENT OF BOARD; LIABILITY OF BOARD
MEMBERS. (a) The chief elected officials shall appoint the board.
(b) The appointments must:
(1) be consistent with the local government agreement
and applicable federal and state law; and
(2) reflect the ethnic and geographic diversity of the
workforce development area.
(c) To provide continuity, the chief elected officials
shall consider appointing persons to the local workforce
development board who are serving or who have served previously on a
private industry council, a quality workforce planning committee, a
job service employer committee, and any other entity affected by
this chapter.
(d) Board members serve fixed and staggered terms as
provided by the local government agreement or applicable federal or
state law and may continue to serve until successors are appointed.
(e) A member or former member of a board may not be held
personally liable for a claim, damage, loss, or repayment
obligation of federal or state funds that arises under this chapter
unless the act or omission that causes the claim, damage, loss, or
repayment obligation constitutes, on the part of the board member
or former board member:
(1) official misconduct;
(2) wilful disregard of the requirements of this
chapter; or
(3) gross negligence.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.12(c), (d)
eff. Sept. 1, 1997.

§ 2308.256. BOARD MEMBERSHIP. (a) A board is composed as
follows:
(1) representatives of the private sector, who:
(A) constitute a majority of the membership of
the board; and
(B) are owners of business concerns, chief
executives or chief operating officers of nongovernmental
employers, or other private sector executives who have substantial
management or policy responsibilities;
(2) representatives of organized labor and
community-based organizations, who constitute not less than 15
percent of the membership of the board; and
(3) representatives of each of the following:
(A) educational agencies, including community
colleges and secondary and postsecondary practitioners
representing vocational education, that are representative of all
educational agencies in the service delivery area;
(B) vocational rehabilitation agencies;
(C) public assistance agencies;
(D) economic development agencies;
(E) the public employment service;
(F) local literacy councils; and
(G) adult basic and continuing education
organizations.
(b) Private sector representatives on the board are
selected from individuals nominated by general-purpose business
organizations that have consulted with and received
recommendations from other business organizations in the workforce
development area. The nominations and the individuals selected from
the nominations must reasonably represent the industrial and
demographic composition of the business community. Not less than
one-half of the business and industry representatives must be, if
possible, representatives of small businesses, including minority
businesses.
(c) The education representatives on the board are selected
from individuals nominated by regional or local educational
agencies, vocational education institutions, institutions of
higher education, including entities offering adult education, and
general organizations of the institutions within the workforce
development area.
(d) The labor representatives on the board are selected from
individuals recommended by recognized state and local labor
federations. If a state or local labor federation does not nominate
a number of individuals sufficient to meet the labor representation
requirements of Subsection (a)(2), individual workers may be
included on the council to complete the labor representation.
(e) The remaining members of the board are selected from
individuals recommended by interested organizations.
(f) In this section:
(1) "General-purpose business organization" means an
organization that admits for membership any for-profit business
operating within the workforce development area.
(2) "Small business" means a private, for-profit
enterprise that employs not more than 500 employees.
(g) At least one of the members of a board appointed under
Subsection (a) must, in addition to the qualifications required for
the member under that subsection, have expertise in child care or
early childhood education.
(h) At least one of the members of a board appointed under
Subsection (a) must be a veteran who:
(1) meets the qualifications required for the member
under that subsection; and
(2) serves as a representative on the board for the
interests of veterans in the workforce development area.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 340, § 1, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 1103, § 2, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1426, § 2, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 1142, § 1, eff. June 20, 2003; Acts 2005,
79th Leg., ch. 511, § 1, eff. Sept. 1, 2005.

§ 2308.257. RECUSAL. (a) A member of a board shall avoid
the appearance of conflict of interest by not voting in, or
participating in, any decision by the board regarding the provision
of services by such member, or any organization which that member
directly represents, or on any matter which would provide direct
financial benefit to that member, the member's immediate family, or
any organization which that member directly represents.
(b) Subsection (a) shall serve as a minimum standard and
shall not be construed as to limit the board's authority for more
restrictive governance to prevent real and/or apparent conflict of
interest.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1004, § 6, eff. Sept.
1, 2001.

§ 2308.258. PRESIDING OFFICER. The presiding officer of
a board is selected from the members of the board who represent the
private sector.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.259. BOARD COMMITTEES. A board may create
committees as needed to carry out its duties and responsibilities.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.260. TECHNICAL ADVISORY GROUPS. A board may
create technical advisory groups composed of both council and
noncouncil members to provide assistance to the board.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.261. CERTIFICATION OF BOARD. (a) The governor
shall certify a board on determining that the board's composition
is consistent with applicable federal and state law and
requirements and meets established state criteria.
(b) The governor shall certify or deny certification not
later than the 30th day after the date a certification request is
submitted to the governor.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.262. BUDGET. A board shall adopt a budget for the
board that must be included in the local workforce development plan
submitted to the division.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.13(a), eff.
Sept. 1, 1997.

§ 2308.263. APPROVAL OF FISCAL AGENT. (a) The Texas
Workforce Commission must approve the fiscal agent selected by a
board before any federal or state workforce development funds may
be disbursed to the board.
(b) The commission shall base its approval on an audit of
the financial capability of the fiscal agent to ensure that fiscal
controls and fund accounting procedures necessary to guarantee the
proper disbursal of and accounting for federal and state funds are
in place.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.14, eff.
Sept. 1, 1997.

§ 2308.264. CONTRACTING FOR SERVICE DELIVERY. (a) Except
as otherwise provided by this section, a board may not directly
provide workforce training or one-stop workforce services.
(b) A board may request from the Texas Workforce Commission
a waiver of Subsection (a).
(c) The request for a waiver must include a detailed
justification based on the lack of an existing qualified
alternative for delivery of workforce training and services in the
workforce development area.
(d) If a board receives a waiver to provide workforce
training and one-stop workforce services, the evaluation of results
and outcomes is provided by the Texas Workforce Commission.
(e) In consultation with local workforce development
boards, the Texas Workforce Commission by rule shall establish
contracting guidelines for boards under this section, including
guidelines designed to:
(1) ensure that each independent contractor that
contracts to provide one-stop workforce services under this section
has sufficient insurance, bonding, and liability coverage for the
overall financial security of one-stop workforce services funds and
operations;
(2) prevent potential conflicts of interest between
boards and entities that contract with boards under this section;
(3) ensure that if a board acts as a fiscal agent for
an entity that contracts with the board to provide one-stop
workforce services, the board does not deliver the services or
determine eligibility for the services; and
(4) ensure that an entity that contracts with a board
under this section may use, display, and advertise the entity's
name when providing workforce services for the board.
(f) The Texas Workforce Commission shall ensure that each
board complies with this section and may approve a local plan under
Section 2308.304 only if the plan complies with this section.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 817, § 4.01, eff.
Sept. 1, 2003; Acts 2005, 79th Leg., ch. 1350, § 1, eff. June 18,
2005.

§ 2308.265. INCENTIVES AND WAIVERS. (a) A board
certified by the governor is eligible for incentives and program
waivers to promote and support integrated planning and evaluation
of workforce development.
(b) To the extent feasible under federal and state workforce
development law, incentives include priority for discretionary
funding, including financial incentives for the consolidation of
service delivery areas authorized under the federal Job Training
Partnership Act (29 U.S.C. Section 1501 et seq.).

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.266. NONPROFIT STATUS; ABILITY TO SOLICIT
FUNDS. (a) A board may apply for and receive a charter as a
private, nonprofit corporation under the laws of this state and may
choose to be recognized as a Section 501(c)(3) organization under
the Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)).
(b) In addition to receiving funds specified in this
chapter, a board may solicit additional funds from other public and
private sources.
(c) A board may not solicit or accept money from an entity
with which the board contracts for the delivery of services.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.267. STAFF. (a) A board may employ professional,
technical, and support staff to carry out its planning, oversight,
and evaluation functions.
(b) A board's staff shall be separate from and independent
of any organization providing workforce education or workforce
training and services in the workforce development area. A board's
staff may not direct or control the staffing of any entity providing
one-stop workforce services.
(c) The requirement for separate staffing does not preclude
a board from designating a qualified organization to provide staff
services to the board if the board:
(1) arranges for independent evaluation of any other
workforce services provided by the staffing organization; and
(2) requests and obtains from the Texas Workforce
Commission a waiver of the separate staffing requirement and of the
requirement under Section 2308.264(a).
(d) A request for a waiver under Subsection (c)(2) must
contain a detailed justification for the waiver, including:
(1) cost-effectiveness;
(2) prior experience;
(3) geographic or budgetary considerations; and
(4) availability of qualified applicants.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.13(b), eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 817, § 4.02, eff. Sept.
1, 2003.

§ 2308.268. ASSISTANCE AND SANCTIONS FOR
NONPERFORMANCE. (a) The council shall provide technical
assistance to local workforce development areas that do not meet
performance standards established under this chapter and other
applicable federal and state law.
(b) If a local workforce development area does not meet
performance standards for two consecutive program years, the
council shall develop and impose a reorganization plan that may
include:
(1) restructuring the board;
(2) prohibiting the use of designated service
providers, including state agencies; and
(3) merging the local workforce development area with
another area.
(c) If nonperformance is directly attributable to a
specific state agency, the council may select an alternative
provider.
(d) A local workforce development area that is the subject
of a reorganization plan may appeal to the governor to rescind or
revise the plan not later than the 30th day after the date of
receiving notice of the plan.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.269. SANCTIONS FOR LACK OF FISCAL
ACCOUNTABILITY. If, as a result of financial and compliance audits
or for another reason, the Texas Workforce Commission finds a
substantial violation of a specific provision of this chapter or
another federal or state law or regulation and corrective action
has not been taken, the council shall:
(1) issue a notice of intent to revoke all or part of
the affected local plan;
(2) issue a notice of intent to cease immediately
reimbursement of local program costs; or
(3) impose a reorganization plan under Section
2308.268 for the local workforce development area.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.15, eff.
Sept. 1, 1997.

SUBCHAPTER G. RESPONSIBILITIES AND DUTIES OF LOCAL WORKFORCE
DEVELOPMENT BOARDS

§ 2308.301. DEFINITIONS. In this subchapter:
(1) "Board" means a local workforce development board.
(2) "Commission" means the Texas Workforce
Commission.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1420, § 9.016(a),
eff. Sept. 1, 2001.

§ 2308.302. RESPONSIBILITY OF BOARD. (a) A board is
directly responsible and accountable to the division for the
planning and oversight of all workforce training and services and
the evaluation of all workforce development programs in the
workforce development area. A board shall ensure effective
outcomes consistent with statewide goals, objectives, and
performance standards approved by the governor.
(b) A board is directly responsible to the division for the
operational planning and administration of all workforce training
and services funded through the Texas Workforce Commission to the
local area.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.09(c), eff.
Sept. 1, 1997.

§ 2308.303. BOARD DUTIES. (a) A board shall:
(1) serve as a single point of contact for local
businesses to communicate their skill needs and to influence the
direction of all workforce development programs in the workforce
development area;
(2) serve as a private industry council under the Job
Training Partnership Act (29 U.S.C. Section 1501 et seq.);
(3) develop a local plan to address the workforce
development needs of the workforce development area that:
(A) is responsive to the goals, objectives, and
performance standards established by the governor;
(B) targets services to meet local needs,
including the identification of industries and employers likely to
employ workers who complete job training programs; and
(C) ensures that the workforce development
system, including the educational system, has the flexibility to
meet the needs of local businesses;
(4) designate the board or another entity as the
board's fiscal agent to be responsible and accountable for the
management of all workforce development funds available to the
board;
(5) create local career development centers under
Section 2308.312;
(6) review plans for workforce education to ensure
that the plans address the needs of local businesses and recommend
appropriate changes in the delivery of education services;
(7) assume the functions and responsibilities of local
workforce development advisory boards, councils, and committees
authorized by federal or state law, including private industry
councils, quality workforce planning committees, job service
employer committees, and local general vocational program advisory
committees;
(8) monitor and evaluate the effectiveness of the
career development centers, state agencies and other contractors
providing workforce training and services, and vocational and
technical education programs operated by local education agencies
and institutions of higher education to ensure that performance is
consistent with state and local goals and objectives; and
(9) promote cooperation and coordination among public
organizations, community organizations, charitable organizations,
religious organizations, and private businesses providing
workforce development, in a manner consistent with the
nondiscrimination principles and safeguards stated in 42 U.S.C.
Section 604a.
(b) The board shall ensure that employment services are
provided for persons seeking employment in the local workforce
development area. The board shall contract with an appropriate
entity for the provision of services, or, if all necessary waivers
are granted, the board may provide the services directly.
(c) In performing its duties under this section, a board may
provide to the division relevant labor market information and
information regarding the availability of existing workforce
development.
(d) A provider must respond to a change recommended by a
board under Subsection (a)(6) not later than the 30th day after the
date the provider receives the recommendation.
(e) A board shall educate the public about the plumbing
profession and the resources available to employers for the
recruitment and training of plumbers as provided by Section
1301.652, Occupations Code.
(f) These educational efforts may be conducted to the extent
that the plumbing profession is designated as an occupation in
demand by a board.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.09(d), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 401, § 2, eff. Aug. 30,
1999; Acts 1999, 76th Leg., ch. 1472, § 13, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 819, § 28, eff. Sept. 1, 2003.

§ 2308.3035. COMPONENTS OF LOCAL WORKFORCE DEVELOPMENT
SYSTEM. The local workforce development system is composed of two
major components as follows:
(1) an employer services component that provides labor
market information and services and other services as appropriate
to local employers; and
(2) an integrated service delivery system composed of
a network of career development centers that serve the people of
this state based on a "one-stop for service" approach and supported
by electronic access to comprehensive labor market information.

Added by Acts 1997, 75th Leg., ch. 165, § 19.18(a), eff. Sept. 1,
1997.

§ 2308.304. LOCAL PLAN. (a) A board shall adopt a single
plan that includes the components specified in this section.
(b) The plan must include a strategic component that:
(1) assesses the labor market needs of the local
workforce development area;
(2) identifies existing workforce development
programs;
(3) evaluates the effectiveness of existing programs
and services; and
(4) sets broad goals and objectives for all workforce
development programs in the local area consistent with statewide
goals, objectives, and performance standards.
(c) The plan must include an operational component that
specifies how all of the resources available to the local workforce
development area from the Texas Workforce Commission will be used
to achieve the goals and objectives of the plan for the area. At a
minimum, this component must establish:
(1) the goals, objectives, and performance measures to
be used in overseeing and evaluating the operation of all workforce
training and services;
(2) the segments of the population targeted for
various services;
(3) the mix of services to be provided and how those
services are to be provided; and
(4) the structure of the local service delivery
system.
(d) Program resources included in the operational component
are:
(1) job training programs funded under the Job
Training Partnership Act (29 U.S.C. Section 1501 et seq.);
(2) postsecondary vocational and technical job
training programs that are not part of approved courses or programs
that lead to licensing, certification, or an associate degree under
Chapters 61, 130, and 135, or Subchapter E, Chapter 88, Education
Code;
(3) adult education programs under Subchapter H,
Chapter 29, Education Code;
(4) employment services programs;
(5) literacy funds available to the state under the
National Literacy Act of 1991 (20 U.S.C. Section 1201 et seq.);
(6) the job opportunities and basic skills program
under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section
682); and
(7) the food stamp employment and training program
authorized under 7 U.S.C. Section 2015(d).

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.16(a), eff.
Sept. 1, 1997.

§ 2308.305. USE OF LABOR MARKET INFORMATION SYSTEM. A
board shall review, verify, modify, and use local labor market
information developed through the state's labor market information
system to identify, by occupation, the labor demand by employers in
each workforce development area.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.17(a), eff.
Sept. 1, 1997.

§ 2308.306. REPORT. A board shall periodically provide a
report summarizing by occupation the labor demand to:
(1) each public postsecondary institution providing
vocational and technical education; and
(2) each entity under contract to the board to provide
workforce training and services in a workforce development area.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.307. FILLING EDUCATIONAL NEEDS. (a) If a need in
the availability of workforce education is indicated by the labor
market information system provided by the board, by a direct
request of employers located in the workforce area, or as the result
of economic development incentives designed to attract or retain an
employer, an institution may apply to the Texas Higher Education
Coordinating Board for approval to offer the needed workforce
education.
(b) An institution that desires to provide the needed
workforce education must apply to the coordinating board not later
than the 30th day after the date the need is identified.
(c) The coordinating board shall give immediate priority to
the institution's application and shall notify the institution of
the board's approval or disapproval not later than the 100th day
after the date the application is received.
(d) If more than one institution in a workforce development
area applies to provide the needed workforce education, the
coordinating board shall select one or more institutions to offer
the needed education as provided by Section 61.051, Education Code.
(e) If an institution approved by the coordinating board
does not offer the approved workforce education in a timely manner,
a board may solicit another qualified provider to apply to the
coordinating board to provide needed education to be funded through
state-appropriated formula funds.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.308. PUBLIC COMMUNITY COLLEGE. A public community
college shall promptly provide workforce training and services that
are requested:
(1) by a board if the need for the training and
services is based on the labor market information system available
for the area;
(2) by employers located in the college's taxing
district when the request is presented directly to the college by
the employers or through the board; or
(3) as part of economic development incentives
designed to attract or retain an employer, including incentives
offered under the skills development fund program under Chapter
303, Labor Code.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.17(b), eff.
Sept. 1, 1997; Acts 2005, 79th Leg., ch. 1115, § 7, eff. June 18,
2005.

§ 2308.309. INSTITUTION OF HIGHER EDUCATION. (a) An
institution of higher education that has local taxing authority and
is governed by a locally elected board of trustees is the primary
provider of local workforce training and services that are needed
by an employer within the taxing district and funded fully or in
part by local funds, except in Cameron, McLennan, and Potter
counties, or by technical vocational funds administered by the
Texas Higher Education Coordinating Board.
(b) A board shall select another qualified local or
statewide provider if the local institution does not promptly
provide locally needed workforce training and services.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.310. CERTAIN EDUCATIONAL SERVICES NOT
PROHIBITED. This subchapter does not prohibit an institution of
higher education from offering workforce education or workforce
training and services that:
(1) are needed by an employer located in the
institution's taxing district and that meet all applicable
standards; or
(2) have been approved under applicable law and that
are reviewed by the Texas Higher Education Coordinating Board.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.311. LIST OF PUBLICLY FUNDED PROGRAMS AND
CLASSES. (a) Each local education agency and public or private
postsecondary educational institution shall provide the board in
its area a list of all vocational-technical programs and classes
the agency or institution offers that are funded by state or federal
funds.
(b) A board, with the assistance of the labor demand
occupation report, shall evaluate the supply of
vocational-technical programs in relation to the demand for the
programs and report any discrepancies between supply and demand to
the appropriate educational institution, the Central Education
Agency, the Texas Higher Education Coordinating Board, the council,
and the Legislative Budget Board.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995.

§ 2308.312. CAREER DEVELOPMENT CENTERS. (a) A board
shall establish career development centers accessible to students,
workers, and persons formerly sentenced to the institutional
division or state jail division of the Texas Department of Criminal
Justice throughout the workforce development area. The board shall
establish the centers not later than the 180th day after the date
the board is certified.
(b) Each center shall provide access to information and
services available in the workforce development area, including
employment services, and shall address the individual needs of
students, workers, and persons formerly sentenced to the
institutional division or state jail division.
(c) The services must include:
(1) labor market information, including:
(A) available job openings; and
(B) education and training opportunities in the
local area, in the state, and, as feasible, in the nation;
(2) uniform eligibility requirements and application
procedures for all workforce training and services;
(3) independent assessment of individual needs and the
development of an individual service strategy;
(4) centralized and continuous case management and
counseling;
(5) individual referral for services, including basic
education, classroom skills training, on-the-job training, and
customized training;
(6) support services, including child care
assistance, student loans, and other forms of financial assistance
required to participate in and complete training; and
(7) job training and employment assistance for persons
formerly sentenced to the institutional division or state jail
division, provided in cooperation with Project RIO.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.18(b), eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 8.23(a), eff.
Sept. 1, 1999.

§ 2308.3121. SERVICE PROVIDER LIMITATION; WAIVER. (a)
Except as provided by Subsection (b), a person who provides
one-stop services may not also provide developmental services such
as basic education and skills training.
(b) The division may develop a waiver process for a person
subject to Subsection (a). A request for a waiver must include a
detailed justification based on the lack of an existing qualified
alternative for delivery of developmental services in the
applicable workforce development area.

Added by Acts 1997, 75th Leg., ch. 165, § 19.18(c), eff. Sept. 1,
1997.

§ 2308.3122. UNEMPLOYMENT INSURANCE CLAIMS. In
cooperation with the boards, the Texas Workforce Commission shall
provide for the filing of unemployment insurance claims through
career development centers in each local workforce development
area.

Added by Acts 1997, 75th Leg., ch. 165, § 19.18(c), eff. Sept. 1,
1997.

§ 2308.313. RIGHT TO KNOW. A career development center
shall provide to each person, before the person participates in a
vocational or technical training program, a document that informs
the person of:
(1) current employment prospects;
(2) the current wage level for a person who completes
the vocational or technical training program in which the person is
considering participating; and
(3) the most recent information available on the
performance of institutions that provide that training in the local
workforce development area.

Added by Acts 1995, 74th Leg., ch. 76, § 5.81(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 19.18(d), eff.
Sept. 1, 1997.

§ 2308.314. TAX ASSISTANCE. (a) The Texas Workforce
Commission may provide to individuals who participate in a
workforce development program information on the federal earned
income tax credit for working families. The commission may assist
participants in preparing and filing federal income tax forms to
ensure that a participant who is eligible to receive the tax credit
obtains the tax credit. The commission may fulfill its duties under
this subsection by:
(1) working in conjunction with the Internal Revenue
Service to make each workforce development center a volunteer
income tax assistance site during the two months preceding the date
federal income taxes are due; or
(2) using specially trained staff or volunteers to
assist in preparing and filing federal income tax forms.
(b) The Texas Workforce Commission may provide information
on the federal earned income tax credit to an employer who hires a
welfare recipient under a wage supplementation program.
(c) In addition to providing information under Subsection
(a) to an individual who participates in a workforce development
program, the Texas Workforce Commission may provide the information
to any other person who uses services provided through a workforce
development center.
(d) In this section:
(1) "Wage supplementation program" means a program
under which the state reserves all or part of the amounts that would
be payable as benefits to welfare recipients and uses those amounts
to provide and subsidize jobs for the recipients.
(2) "Welfare recipient" means a person who receives
financial assistance under Chapter 31, Human Resources Code, or
food stamps under the food stamp program administered under Chapter
33, Human Resources Code.

Added by Acts 1997, 75th Leg., ch. 1321, § 1, eff. Sept. 1, 1997.

§ 2308.315. REIMBURSEMENT RATES FOR CHILD CARE. Each
board shall establish graduated reimbursement rates for child care
based on the Texas Workforce Commission's designated vendor
program. The minimum reimbursement rate for designated vendors
must be at least five percent greater than the maximum rate
established for nondesignated vendors for the same category of
care. The designated vendor rate differential established in this
section shall be funded with federal child care development funds
dedicated to quality improvement activities.

Added by Acts 1999, 76th Leg., ch. 1576, § 1, eff. Sept. 1, 1999.

§ 2308.316. FUNDING OF COMPETITIVE PROCUREMENT PROCESS
FOR INFANT AND EARLY CHILDHOOD CHILD CARE. Each board shall
allocate a portion of the board's federal child care development
funds dedicated to quality improvement activities to a competitive
procurement process for a system for quality child care for
children under four years of age that encourages child care
providers to voluntarily meet the criteria of the Texas Workforce
Commission's designated vendor program or national accreditation.
In allocating funds under this section, special consideration shall
be given to funding child care for children under four years of age
in low-income communities. This section may not be interpreted to
limit parental choice.

Added by Acts 1999, 76th Leg., ch. 1576, § 1, eff. Sept. 1, 1999.

§ 2308.3165. SCOPE OF CHILD CARE SERVICES. In addition
to other programs approved by a board or permitted by another law, a
child who is otherwise eligible for child care services funded by a
board is eligible to receive the services while the child is
enrolled in a federal Head Start program or in after-school care
provided at a school.

Added by Acts 2001, 77th Leg., ch. 1142, § 1, eff. Sept. 1, 2001.

§ 2308.317. EXPENDITURES FOR CERTAIN CHILD CARE QUALITY
IMPROVEMENT ACTIVITIES. (a) Notwithstanding any other law, the
Texas Workforce Commission shall ensure that, to the extent federal
child care development funds dedicated to quality improvement
activities are used to improve quality and availability of child
care, those funds are used only for quality child care programs.
(b) For purposes of this section, a quality child care
program is a program that:
(1) promotes:
(A) the physical, social, emotional, and
intellectual development of young children;
(B) frequent, positive, warm interactions
appropriate to a child's age and development; and
(C) regular communication with parents who are
welcomed by the program at all times to participate in activities
and to observe, discuss, and recommend policies; and
(2) provides:
(A) a healthy, safe, and nurturing environment
for young children;
(B) planned learning activities appropriate to a
child's age and development;
(C) specially trained child care providers;
(D) a sufficient number of adults to respond to
the needs of each child;
(E) a variety of age-appropriate materials;
(F) nutritious meals and snacks;
(G) an effective program administration; and
(H) an ongoing, systematic evaluation process
for the program.

Added by Acts 2001, 77th Leg., ch. 1517, § 1, eff. Sept. 1, 2001.

§ 2308.318. MATCHING FUNDS FOR CHILD CARE SERVICES. For
purposes of obtaining federal matching funds for child care
services, including after-school care provided at a school or a
federal Head Start program, a board shall use money and in-kind
services provided by a local school district or local education
agency for those services to the extent permitted by federal law.

Added by Acts 2001, 77th Leg., ch. 667, § 1, eff. June 13, 2001.
Renumbered from V.T.C.A., Government Code § 2308.317 by Acts
2003, 78th Leg., ch. 1275, § 2(89), eff. Sept. 1, 2003.

§ 2308.319. COLLABORATIVE READING INITIATIVES. The
commission shall encourage each local workforce development board
to raise an amount of local funds in excess of the amount required
to meet performance measures to be used to support collaborative
reading initiatives.

Acts 2003, 78th Leg., ch. 817, § 4.03, eff. Sept. 1, 2003.

SUBCHAPTER H. SKILL STANDARDS BOARD

§ 2308.401. TEXAS SKILL STANDARDS BOARD. (a) The Texas
Skill Standards Board is an advisory board to the governor and the
legislature on the development of a statewide system of
industry-defined and industry-recognized skill standards and
credentials for all major skilled occupations that:
(1) provide strong employment and earnings
opportunities in this state; and
(2) require less than a baccalaureate degree.
(b) The skill standards board is composed of 11 members
appointed by and serving at the pleasure of the governor. The skill
standards board consists of the following members:
(1) seven members who represent business, two of whom
must be from business entities that employ fewer than 50 employees;
(2) two members who represent labor;
(3) one member who represents secondary education;
and
(4) one member who represents postsecondary
education.
(c) The governor shall appoint the presiding officer of the
skill standards board from the members who represent business. The
skill standards board shall meet at the call of the presiding
officer as often as necessary to accomplish its duties.
(d) A member of the skill standards board is not entitled to
compensation for service on the board but is entitled to
reimbursement for reasonable expenses incurred in performing
duties as a member of the board, subject to any applicable
limitation in the General Appropriations Act.
(e) Chapter 2110 does not apply to the skill standards
board.

Added by Acts 1997, 75th Leg., ch. 165, § 19.19(a), eff. Sept. 1,
1997.

§ 2308.402. DUTIES OF SKILL STANDARDS BOARD. (a) The
skill standards board shall:
(1) validate and recognize nationally established
skill standards to guide curriculum development, training,
assessment, and certification of workforce skills;
(2) convene industry groups to develop skill standards
and certification procedures for industries and occupations in
which standards have not been established or adopted and recognize
the skill standards and certification procedures;
(3) review the standards developed by other states and
foreign countries and enter into agreements for mutual recognition
of standards and credentials to enhance portability of skills; and
(4) promote the use of standards and credentials among
employers.
(b) The skill standards board shall:
(1) report periodically to the governor; and
(2) provide annual reports to the governor, the
division, and the legislature.

Added by Acts 1997, 75th Leg., ch. 165, § 19.19(a), eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 1472, § 14, eff.
Sept. 1, 1999.

§ 2308.403. STAFF SUPPORT. The council shall provide
staff support for the Texas Skill Standards Board as necessary.

Added by Acts 1997, 75th Leg., ch. 165, § 19.19(a), eff. Sept. 1,
1997.

FORMER MANAGER OF SAN BENITO HOUSING AUTHORITY PLEADS GUILTY TO EMBEZZLING MORE THAN $270,000

2006-12-08T23:48:00.000-08:00

November 29, 2006

FORMER MANAGER OF PALMVILLE DEVELOPMENT IN SAN BENITO PLEADS GUILTY TO EMBEZZLING MORE THAN $270,000

BROWNSVILLE, Texas – Dora Nohemi Perez, 37, of San Benito, Texas, was convicted of embezzling more than $270,000 from the Housing Authority of the City of San Benito, U.S. Attorney Don DeGabrielle announced today.

The conviction followed Perez’s guilty plea to the federal felony offense entered on Tuesday, Nov. 28, 2006. U.S. District Judge Hilda G. Tagle, who accepted Perez’s plea and found her guilty of the offense, set sentencing for Feb. 26, 2007. At sentencing Perez faces a maximum prison term of 10 years and a $250,000 fine. Additionally, as part of her agreement with the United States, Perez will be obligated to pay restitution in full.

During yesterday’s re-arraignment hearing, the United States told the court it was prepared to present evidence to prove that beginning in May 1998 through February 2006, Perez stole and embezzled approximately $273,591 in the form of cash and money orders from the rent payments made by tenants and converted the money for her own personal use. The money belonged to the Housing Authority of the City of San Benito, which received federal assistance to provide low-rent, contract and subsidy and other forms of federal assistance to low income families and the elderly

JK: (WIA federal assistance??).

During the relevant period, Perez was the manager of the Palmville Development of the Housing Authority of the City of San Benito.

Perez has been permitted to remain free on bond pending her sentencing hearing in February.

The case was investigated by the FBI and Office of Inspector General of the Housing and Urban Development. The case is being prosecuted by Assistant U.S. Attorney Joe Esquivel.

I am bringing this letter with the hope and faith that finally justice will be done

2006-05-21T03:59:00.000-07:00

dannoynted1Joined: 18 Sep 2005Posts: 2Location: the body of CHRIST AKA Corpus Christi,tx
Posted: Sat Oct 01, 2005 9:03 am Post subject: I write with the hope and faith JUSTICE will be done!

I am bringing this letter with the hope and faith that finally justice will be done. On November 1, 2001. In case #01-crf-211, I reported for docket call without my attorney at approximately 9am. My attorney informed me he would not be able to be with me. He was already scheduled to be in federal court. Mr. Jimenez assured me the court hearing was a formality and the previous case 00-crf-547 was moot. After conferring with the judge for docket call. The judge informed me I was free to go. I needed to use the phone. I had no money and I asked Ms. Dayner Roberts’ secretary if i could use hers. She said okay .I knew her but I do not remember her name. There was no answer. After using the phone I was leaving when Ms. Roberts prevented me from leaving the courthouse by physically intimidating me. She said I was not free but would be arrested if I did not (allow myself to) submit to her demands. I explained to her that she was mistaking the case #00-crf-547 for the case 01-crf-211 which is the case I was there not for the previous case. She refused to call my attorney or recognize the judges last statement that i was free to go. I have heard her brag on numerous occasions that she was the judge’s boss and that no case was put on the docket unless she said so. She refused to let me be free to go and said that the judge didn’t know what he was doing when he told me i was free to go. I was appalled that she intended to force me to submit to authority, which was not legal. I told her that she was referring to another case but she said, ”Don’t you remember what the judge told you?’ I said yes but that was another case and she said that its the same case just another case number. She took me to the pretrial supervision department where Yolanda Carmona adult supervision officer took physical custody but I again said, “Where is the order”? Dayner Roberts and officer carmona after making me leave the courthouse with her physically threatening presence she was in my face to the point wher i felt i would have to run. I knew I was not wrong. i did not have my attorney available he was in CC and in federal court. Surely the judge was not wrong when he told me i was free to go. But here i was being bullied and having to defend myself .i wanted to leave but i was not free to go. So Yolanda Carmona told me that the judge put you on pretrial and for you to come here and submit to a UA. You don’t remember? I said that was another case and to call my lawyer. She refused and i said where is the copy of the order? She said that she had it, she just can’t find it I said that’s because there isn’t one. She said that i didn’t do what i was told and i said that i would take one if all of them took one and they all in unison said we did we did already and i said no, take one right now. Carmona said that none of your business and i said THATS- right! its none of your business! don’t you want to get this straight?. I said, ”that was another case and the judge said i was free to go” and she said, “That’s because he forgot”. She said lets go see and well clear everything up. So I allowed myself to be escorted even though I knew I there was no reason if i had not committed a violent crime or a drug related offense. The required bond conditions which the case i was being detained were being altered without my attorney present or the courts saying so. I was watching like it was a movie. I sat in the courtroom and i spotted a guy I knew to ask if i could borrow his phone to try and call my attorney and she pointed at me and said, “you BETTER not leave. I assured her i was just stepping out to use the phone. I called my attorneys office and told them. I hung up and called my husband because it was a cell phone that reached cc and it was long distance from the courthouse. The imminent threat that I started to cry I had done nothing to provoke these women. After being told by .the judge that i was free to go i told her im leaving because the judge told me i was free to go she grabbed my arm hard and menacingly said you’re not going anywhere! I wanted to physically defend myself but my instincts knew i was being provoked to force me to give up. I said get your hands off of me and she said to Sam fugate and everyone else witnessing this act. She cried she won’t submit she won’t submit! Fugate arrived to the top step where his eyes got big and his mouth fell open and stopped at obviously taken aback. Right then Rick Martinez bailiff for the judge opened the door and told Carmona “there is no warrant, we can’t hold her” i said ”bye” and I left. That same day the state filed its motion to revoke bond and stated it had done so November 1,1999 in this cause 01-crf-211. i never received a copy until i was given access to my file from trial counsel. On November 5,2001 Trial counsel argued that he believed they were referring to another case. The fact that they were revoking my bond based on a previous hearing namely 00-crf-547 Adolph Hitler’s birthday of all days, April 20,2001. This is the day the pretrial supervision office alleges i left without permission. On November 1,2001 i had permission as Rick Martinez bailiff informed us. The hearing on April 20 2001 is when i asked to talk to the judge because the community supervision refused to honor the pretrial diversion agreement that john Kearney, county court appointed as counsel in cause 00-crf-547. At this hearing i submitted an incomplete letter that I was to hopeless to try. I repeated called my attorney and left numerous messages about the hearing and the treatment at the community service office. I never received a response. At the status hearing I was asked if I had counsel and I pointed out John Kearney who told the court that he was no longer represented me and no longer counsel because an agreement had been reached in this cause” well the court “but he would be happy to represent me if the reappointed him.” The court said, “lets just read the letter first and see if she needs one.” the rest should be a matter of public record. Since i have not been given the free copy of the reporter’s record i am unable to say with certainty what is or is not in the court record. Because I did not have an attorney at this hearing, which was crucial, my Pre Trial Diversion Agreement was revoked. I immediately sought counsel. Fred Jimenez counsel retained is still unpaid. Out of the goodness of his heart and not his wallet Fred Jimenez agreed to represent me, called the court, and talked to John Hubert. He said “John, I have Lee Ann Haley in my office and she just told me a wild story. Is she on any pre trial supervision or has she been indicted or is there a warrant issued for her?” He said no to all three according to Fred Jimenez. Mr. Jimenez said “You know you’re messing with a District Judge” and I said I didn’t have an attorney, I said that the judge was wrong that I had not done anything wrong; that they took away the agreement that we just negotiated on March 29, 2001. I heard Fred ask to be notified if there were any changes concerning me and any case against me; So that I may appear and not be subjected to appearing without representation. On august 23,2001, I received a traffic ticket by CCPD, applied as a substitute teacher for the Flour Bluff Independent School and attended a substitute orientation. I was approved and notified by the district to sub on Friday August 31, 2001 for the nurse. Then the day before I was to sub the district called me and cancelled. Then i received a letter from F.B.I.S.D. Stating that I could not work for them because I had a questionable criminal background, I was sure they were mistaken. On august 23, 2001 there was no criminal record but by August 30, 2001 there was according to FBISD. After a brief conversation concerning the reason for stating, I had a “questionable criminal background.“ They informed me a DPS record showed a pending charge. September 7,2001 i requested a copy of this dps document. On the way back from FBISD where I picked up the DPS info, I was pulled over by a city Marshall and arrested by the CCPD. The trial began. In voir dire i heard the prosecutor refer to the crime on trial for. In phrases like” welfare fraud “and “selling food stamps for drugs on the street corner” that crime was not the charge. I noticed the reactions by members of the voir dire jury. I noticed one specific member looking at me continuously with a smile that was not a happy smile. I told my attorney about this and i crossed her name out on the list. My attorney got mad at this but i made it clear that i did not want this person on my jury. Ironically, she was the foreman of the jury that convicted me. I pointed out to my counsel that she shared the name Lewis with a witness for the prosecution and that they could be related. She admitted they attended the same church, I wondered for how long? At the end of the first day of trial, my husband informed Fred Jimenez trial counsel that he knew her and worked with her and reminded me that she was the teacher who had asked him to change the diaper of male student which he refused. He told counsel and me” her name is Marilyn Lewis.” He also stated he ” knew her son derrick ruff from laser school.” The two jurors with same last name Hernandez also shared the same address. 1803 Louisiana refer to list of the jury. Ask if you do not have one. I still have more to add but these are the halfway point call me so we can discuss this matter and complete the final draft. Thank you, LeeAnn Haley [/b]
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Jaime KenedenoJoined: 01 Oct 2005Posts: 16Location: The Body of Christ
Posted: Sat Oct 01, 2005 10:16 am Post subject: dannoynted1 was charged with Tampering With A Gov Document!

Tampering with ........ 6/10/2005 12:41 PM -------------------------------------------------------------------------------- a government document with intent to defraud & harm. A state jail felony 2 years in prison. I will tell you the details slowly. First, my family was on welfare. I took care of the kids while my wife earned her degree at A&I. Mary Cano the TWC Executive vice president worked directly with us. Then My wife graduated and started looking for a job. She used the TWC fax to send resumes and such. She interviewed for a job at EZ Pawn for the regional auditor. She was awarded the job and then they said they could not hire her because something came out of Austin that said they could not hire her. Austin is the EZ Pawn headquarters as well as the TWC. So I started Substitute teaching. Mary Cano sent me a outreach letter requiring me to attend an orientation. We called MRs Cano and told her that I was already working as a Substitute teacher. Mrs Cano insisted that I attend the orientation or she would be forced to penalize my family. She said, "Mrs Haley the Texas Workforce Does not recognize substitute teaching as employment." I argued with her to no avail. Then I clarified. I asked her if I was going to be penalized for being unemployed cuz substitute teaching is not considered employment then I should not need to count that income as income from employment, I reasoned that they could not be penalized for being unemployed while at the same time counting the income as money from employment. I worked one day in the first pay period. The net was $45. The taxes, social Security and Medicaid were deducted and I received ~$37. My wife made an entry in the application stating I had received "no money from work". This is what they prosecuted her for. We were becoming self sufficient as in the following months I began to work as did she. Then one day at lunch they came to my house and took her to jail. Much more to come. Ask if something is unclear_________________"Those who live in Glass Houses should never throw rocks"!
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Jaime KenedenoJoined: 01 Oct 2005Posts: 16Location: The Body of Christ
Posted: Sat Oct 01, 2005 10:23 am Post subject: John Hubert maliciously prosecuted my wife!

John Hubert maliciously prosecuted my wife (and others) for ascension and recognition. Hubert is very intelligent and needed not to act in this manner but he had the Power and he abused it. Why the masses should care?????? It might be you next time! The TWC is an umbrella for a vast array of scam programs claiming to help the poor while the elite of the private sector are influenced to participate and kickback to the local executive directors or one of theirs!_________________"Those who live in Glass Houses should never throw rocks"!

marycano: Mary Cano said, "Mrs Haley the Texas Workforce Does not recognize substitute teaching as employment."

2006-03-18T21:22:00.000-08:00

marycano: Mary Cano said, "Mrs Haley the Texas Workforce Does not recognize substitute teaching as employment."

My Job Opportunities have been Modified!

2006-02-08T02:36:00.000-08:00

My Job Opportunities have been Modified! 1/23/2005 9:48:39 PMSince 1999 I have been fighting for my life back! It is my full time job day & night now that the injustice has been committed against my wife. Welfare is not there because of poor people; it is there so the rich & powerful can get richer while claiming to help the poor. Have you heard of the Welfare Investment Act? All drug interdiction grants such as the COPS program, DARE program, Ed Byrne Grant and several others receive thier money in the name of the poor. They use it to patrol the interstate or HWY 77 because that is where the big score is. It is called addiction to Avarice. Remember that Bass Pro thing & the colisseum? Where was that tax break coming from. Corporate welfare comes from the WIA in the name of the poor. It is a point that I am making to not work although I am disabled. I do not recieve SS for my disability although that is a option. Point is I had a good Job until the TWC wanted me to attend a work orientation because they did not consider full time substitute teaching as work. Talk your talk all you want but in the end you will apologize!

WIA Jaime Links

2006-02-08T02:33:00.000-08:00

EricvonWade.com Communitythe RICH GET RICHER DUE to the WIA. the POOR IS A SCAPEGOAT & the REASON the RICHGET RICHER. ... Jaime Kenedeno, 1/23/2005 10:08 PM ...ericvonwade.com/community/ display.asp?post_id=22029&board=1&board_name=General - 44k - Supplemental Result - Cached - Similar pages
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EricvonWade.com CommunityCorporate Welfare comes from the WIA in the name of the poor. It is A point thatI am making to not work although I ... Jaime Kenedeno, 1/23/2005 10:08 PM ...ericvonwade.com/community/ display.asp?post_id=22018&board=1&board_name=General - 45k - Supplemental Result - Cached - Similar pages
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EricvonWade.com CommunityJaime Kenedeno Posts: 138 Click here to email Jaime Kenedeno. ... What about all thatgrant money from the WIA? General Cisneros, is he affiliated with you? ... ericvonwade.com/community/ display.asp?post_id=22257&board=1&board_name=General - 60k - Supplemental Result - Cached - Similar pages
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EricvonWade.com CommunityJaime Kenedeno Posts: 813. Click here to email Jaime Kenedeno ... the Communityservice options and other services fall under the WIA and are separately ...ericvonwade.com/community/display.asp?post_ id=35882&mode=expand&thread=35882&board=1&boar... - 27k - Supplemental Result - Cached - Similar pages
EricvonWade.com Community... bigo, 1/8/2005 9:36 PM. Driscoll Tx. aka Kendleton Tx & WIA Grant Money. Jaime Kenedeno,1/9/2005 3:20 AM. Re: Driscoll Tx. aka Kendleton Tx & WIA Grant Money. ... ericvonwade.com/community/ display.asp?post_id=21078&board=1&board_name=General - 17k - Supplemental Result - Cached - Similar pages
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EricvonWade.com Community... curmudgeon, 1/23/2005 10:12 PM. THAT IS WHAT THE WIA IS DOING TO YOU! Jaime Kenedeno,1/23/2005 10:31 PM. The stupid . . . curmudgeon, 1/24/2005 5:49 AM. ... www.ericvonwade.com/community/display. asp?post_id=22019&board=1&board_name=General - 44k - Supplemental Result - Cached - Similar pages
EricvonWade.com Community... curmudgeon, 1/23/2005 10:12 PM. THAT IS WHAT THE WIA IS DOING TO YOU! Jaime Kenedeno,1/23/2005 10:31 PM. The stupid . . . curmudgeon, 1/24/2005 5:49 AM. ... www.ericvonwade.com/community/display. asp?post_id=22034&board=1&board_name=General - 44k - Supplemental Result - Cached - Similar pages
EricvonWade.com Community... curmudgeon, 1/23/2005 10:12 PM. THAT IS WHAT THE WIA IS DOING TO YOU! Jaime Kenedeno,1/23/2005 10:31 PM. The stupid . . . curmudgeon, 1/24/2005 5:49 AM. ... www.ericvonwade.com/community/display. asp?post_id=22011&board=1&board_name=General - 44k - Supplemental Result - Cached - Similar pages
EricvonWade.com Community... curmudgeon, 1/23/2005 10:12 PM. THAT IS WHAT THE WIA IS DOING TO YOU! Jaime Kenedeno,1/23/2005 10:31 PM. The stupid . . . curmudgeon, 1/24/2005 5:49 AM. ... www.ericvonwade.com/community/display. asp?post_id=22026&board=1&board_name=General - 44k - Supplemental Result - Cached - Similar pages
EricvonWade.com Community... curmudgeon, 1/23/2005 10:12 PM. THAT IS WHAT THE WIA IS DOING TO YOU! Jaime Kenedeno,1/23/2005 10:31 PM. The stupid . . . curmudgeon, 1/24/2005 5:49 AM. ... www.ericvonwade.com/community/display. asp?post_id=22033&board=1&board_name=General - 44k - Supplemental Result - Cached - Similar pages
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EricvonWade.com Community... curmudgeon, 1/23/2005 10:12 PM. THAT IS WHAT THE WIA IS DOING TO YOU! Jaime Kenedeno,1/23/2005 10:31 PM. The stupid . . . curmudgeon, 1/24/2005 5:49 AM. ... www.ericvonwade.com/community/display. asp?post_id=22023&board=1&board_name=General - 44k - Supplemental Result - Cached - Similar pages
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EricvonWade.com Community... curmudgeon, 1/23/2005 10:12 PM. THAT IS WHAT THE WIA IS DOING TO YOU! Jaime Kenedeno,1/23/2005 10:31 PM. The stupid . . . curmudgeon, 1/24/2005 5:49 AM. ... www.ericvonwade.com/community/display. asp?post_id=22046&board=1&board_name=General - 44k - Supplemental Result - Cached - Similar pages
EricvonWade.com Community... curmudgeon, 1/23/2005 10:12 PM. THAT IS WHAT THE WIA IS DOING TO YOU! Jaime Kenedeno,1/23/2005 10:31 PM. The stupid . . . curmudgeon, 1/24/2005 5:49 AM. ... www.ericvonwade.com/community/display. asp?post_id=22007&board=1&board_name=General - 44k - Supplemental Result - Cached - Similar pages
EricvonWade.com Community... curmudgeon, 1/23/2005 10:12 PM. THAT IS WHAT THE WIA IS DOING TO YOU! Jaime Kenedeno,1/23/2005 10:31 PM. The stupid . . . curmudgeon, 1/24/2005 5:49 AM. ... www.ericvonwade.com/community/display. asp?post_id=22010&board=1&board_name=General - 44k - Supplemental Result - Cached - Similar pages
EricvonWade.com Community... curmudgeon, 1/23/2005 10:12 PM. THAT IS WHAT THE WIA IS DOING TO YOU! Jaime Kenedeno,1/23/2005 10:31 PM. The stupid . . . curmudgeon, 1/24/2005 5:49 AM. ... www.ericvonwade.com/community/display. asp?post_id=22047&board=1&board_name=General - 45k - Supplemental Result - Cached - Similar pages
EricvonWade.com Community... curmudgeon, 1/23/2005 10:12 PM. THAT IS WHAT THE WIA IS DOING TO YOU! Jaime Kenedeno,1/23/2005 10:31 PM. The stupid . . . curmudgeon, 1/24/2005 5:49 AM. ... www.ericvonwade.com/community/display. asp?post_id=22017&board=1&board_name=General - 44k - Supplemental Result - Cached - Similar pages
EricvonWade.com Community... curmudgeon, 1/23/2005 10:12 PM. THAT IS WHAT THE WIA IS DOING TO YOU! Jaime Kenedeno,1/23/2005 10:31 PM. The stupid . . . curmudgeon, 1/24/2005 5:49 AM. ... www.ericvonwade.com/community/display. asp?post_id=22093&board=1&board_name=General - 45k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityMy family’s WIA documents were cut & partitioned to copy; producing A “look like”copy of an “original copied ... Jaime Kenedeno, 5/13/2005 10:57 PM ...www.ericvonwade.com/community/display. asp?post_id=30463&board=1&board_name=General - 39k - Supplemental Result - Cached - Similar pages
EricvonWade.com Community... curmudgeon, 1/23/2005 10:12 PM. THAT IS WHAT THE WIA IS DOING TO YOU! Jaime Kenedeno,1/23/2005 10:31 PM. The stupid . . . curmudgeon, 1/24/2005 5:49 AM. ... www.ericvonwade.com/community/display. asp?post_id=22102&board=1&board_name=General - 45k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityCheck out Ed Byrne, the FDC by Pan AM and the WIA. Jaime Kenedeno Posts: 813.Click here to email Jaime Kenedeno. Correction FCC (Federal Communications ...www.ericvonwade.com/community/display.asp?post_ id=28089&mode=expand&thread=28089&board=1&... - 91k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityCheck out Ed Byrne, the FDC by Pan AM and the WIA. Jaime Kenedeno Posts: 813.Click here to email Jaime Kenedeno. Correction FCC (Federal Communications ...www.ericvonwade.com/community/display.asp?post_ id=28102&mode=expand&thread=28089&board=1&... - 91k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityCheck out Ed Byrne, the FDC by Pan AM and the WIA. Jaime Kenedeno Posts: 813.Click here to email Jaime Kenedeno. Correction FCC (Federal Communications ...www.ericvonwade.com/community/display.asp?post_ id=28132&mode=expand&thread=28089&board=1&... - 91k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityCheck out Ed Byrne, the FDC by Pan AM and the WIA. Jaime Kenedeno Posts: 813.Click here to email Jaime Kenedeno. Correction FCC (Federal Communications ...www.ericvonwade.com/community/display.asp?post_ id=28314&mode=expand&thread=28089&board=1&... - 91k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityCheck out Ed Byrne, the FDC by Pan AM and the WIA. Jaime Kenedeno Posts: 813.Click here to email Jaime Kenedeno. Correction FCC (Federal Communications ...www.ericvonwade.com/community/display.asp?post_ id=28150&mode=expand&thread=28089&board=1&... - 91k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityCheck out Ed Byrne, the FDC by Pan AM and the WIA. Jaime Kenedeno Posts: 813.Click here to email Jaime Kenedeno. Correction FCC (Federal Communications ...www.ericvonwade.com/community/display.asp?post_ id=28181&mode=expand&thread=28089&board=1&... - 91k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityCheck out Ed Byrne, the FDC by Pan AM and the WIA. Jaime Kenedeno Posts: 813.Click here to email Jaime Kenedeno. Correction FCC (Federal Communications ...www.ericvonwade.com/community/display.asp?post_ id=28146&mode=expand&thread=28089&board=1&... - 91k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityCheck out Ed Byrne, the FDC by Pan AM and the WIA. Jaime Kenedeno Posts: 813.Click here to email Jaime Kenedeno. Correction FCC (Federal Communications ...www.ericvonwade.com/community/display.asp?post_ id=28197&mode=expand&thread=28089&board=1&... - 91k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityCheck out Ed Byrne, the FDC by Pan AM and the WIA. Jaime Kenedeno Posts: 813.Click here to email Jaime Kenedeno. Correction FCC (Federal Communications ...www.ericvonwade.com/community/display.asp?post_ id=28190&mode=expand&thread=28089&board=1&... - 91k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityCheck out Ed Byrne, the FDC by Pan AM and the WIA. Jaime Kenedeno Posts: 813.Click here to email Jaime Kenedeno. Correction FCC (Federal Communications ...www.ericvonwade.com/community/display.asp?post_ id=28252&mode=expand&thread=28089&board=1&... - 91k - Supplemental Result - Cached - Similar pages
EricvonWade.com Communitythe Ed Byrne Grant Originates out of the Welfare Investment Act (WIA). the WIAoversight & funding is the Texas Workforce's CASH COW! ...www.ericvonwade.com/community/display. asp?post_id=29121&board=1&board_name=General - 57k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityI have the same argument with regard to the WIA funded TWC. Spending millionson "Corporate Welfare Slugs" doesn't ... Jaime Kenedeno, 5/2/2005 12:26 AM ...www.ericvonwade.com/community/display. asp?post_id=29357&board=1&board_name=General - 63k - Supplemental Result - Cached - Similar pages
EricvonWade.com Communitythe rural welfare is A huge ""cash cow"" for the Texas Workforce & the PrivateSector. check It out in the WIA legislation??? Jaime Kenedeno Posts: 813 ...www.ericvonwade.com/community/display.asp?post_ id=27439&mode=expand&thread=27439&board=2&... - 19k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityDont take my word for it. Check out Ed Byrne, the FDC by Pan Am and the WIA.Expand and read all Posts in this thread ... Jaime Kenedeno, 4/20/2005 10:23 PM ...www.ericvonwade.com/community/display. asp?post_id=28196&board=1&board_name=General - 57k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityJaime Kenedeno Posts: 813. Click here to email Jaime Kenedeno ... My family’sWIA documents were cut & partitioned to copy; producing A “look like” copy of ...www.ericvonwade.com/community/display.asp?post_ id=30673&mode=expand&thread=30463&board=1&... - 50k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityJaime Kenedeno Posts: 813. Click here to email Jaime Kenedeno ... My family’sWIA documents were cut & partitioned to copy; producing A “look like” copy of ...www.ericvonwade.com/community/display.asp?post_ id=30463&mode=expand&thread=30463&board=1&... - 50k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityJaime Kenedeno Posts: 813. Click here to email Jaime Kenedeno ... My family’sWIA documents were cut & partitioned to copy; producing A “look like” copy of ...www.ericvonwade.com/community/display.asp?post_ id=30481&mode=expand&thread=30463&board=1&... - 50k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityThat is what happens to Texans who get the Attention of Bush & his Texas WorkforceCommission. WIA controls! ... Jaime Kenedeno, 4/29/2005 1:53 AM ...www.ericvonwade.com/community/display. asp?post_id=28999&board=1&board_name=General - 54k - Supplemental Result - Cached - Similar pages
EricvonWade.com Communitythe Grant is from the Welfare to Work (WIA). There are several Legislators whoare against the Byrne Grant. ... Jaime Kenedeno, 4/20/2005 10:23 PM ...www.ericvonwade.com/community/display. asp?post_id=28183&board=1&board_name=General - 56k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityDo you know this Grant stems from the WIA welfare to work legislation of 1995-97?... Jaime Kenedeno, 4/20/2005 10:23 PM ...www.ericvonwade.com/community/display. asp?post_id=28417&board=1&board_name=General - 57k - Supplemental Result - Cached - Similar pages
EricvonWade.com Communitythe Big expense is the Private Sector funding from the WIA to create EconomicDevelopment and Jobs for Welfare Clients ... Jaime Kenedeno, 5/2/2005 12:26 AM ...www.ericvonwade.com/community/display. asp?post_id=29302&board=1&board_name=General - 63k - Supplemental Result - Cached - Similar pages
EricvonWade.com Communitythe idea is the WIA welfare to work? I was A Substitute Teacher but the TexasWorkforce does not recognize it as ... Jaime Kenedeno, 5/2/2005 12:26 AM ...www.ericvonwade.com/community/display. asp?post_id=29310&board=1&board_name=General - 64k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityBasically I AM respectfully saying that most of the whiners are not knowledgeableof the WIA welfare System. ... Jaime Kenedeno, 5/2/2005 12:26 AM ...www.ericvonwade.com/community/display. asp?post_id=29287&board=1&board_name=General - 64k - Supplemental Result - Cached - Similar pages
EricvonWade.com Community... and Border Patrol influence With the WIA funded Drug Interdiction / Seizure /Forfeiture assets. ... Jaime Kenedeno, 4/30/2005 4:29 AM ...www.ericvonwade.com/community/display. asp?post_id=29341&board=1&board_name=General - 29k - Supplemental Result - Cached - Similar pages
EricvonWade.com CommunityJaime Kenedeno Posts: 813. Click here to email Jaime Kenedeno ... the Big expenseis the Private Sector Funding from the WIA to create Economic Development ...www.ericvonwade.com/community/display.asp?post_ id=29587&mode=expand&thread=29250&board=1&... - 104k - Supplemental Result - Cached - Similar pages

MODIFICATION OF JOB OPPORTUNITIES is a WIA / BYRNE GRANT / TWC specialty

2006-02-08T02:27:00.000-08:00

by Jaime KenedeñoWhat was the DEAL that VILMA LUNA LIASED with JOE NIXON and TLR. MOTIVATION???? What were the "LEGAL ARGUMENTS"? How much "CA$H" was tranferred? We know why. But WHY anyway? Where were the meetings? Dates we need to get some dates. Who else besides the obvious PLAYERS? Now we need follow the money for the lower level Politics like Judge JAG & STIVERS. Oh yeah dont forget to add Patricia Canales Bell to the list. Tony "TWO FER" Canales chingalings his own FAMLIA! For Real. Right GABBY? He gave you to them instead of what? Maybe something to do with the ISLAND? It wasnt his enemies. TWO FER that is. It is Capelo's enemy. Whoever that was / is. Somebody had the DPS CHAYSEN his FAMILY aound town. CAPELO THAT IS. HUGO set him into his PLACE state representative SEAT. MODIFICATION OF JOB OPPORTUNITIES is a WIA / BYRNE GRANT / TWC specialty. If you WORK in TEXAS;...... they control. HVALINKA v. Schubert Ask MARY CANO. Ask John Hubert. Ask Ernesto Solis. Ask Noel Pena.

“Blessed be those that thirst for JUSTICE, for they shall be quenched”Posted on December 26, 2005 at 06:23:09 AM by Jaime & dannoynted1ISASSI either didn’t do his HOMEWORK or he chooses to back MALICIOUS PROSECUTOR JOHN HUBERT. BTW, ole Alfred was there (KAFFIES Ocean Front Property) right SHAMSIE? Ran as soon as he saw me. "Chicken Shit" ole ALFREDO right shamsie, right Jill, right Joseph (hubba hubba), right Sam Granato's Special Prosecutor ("a close close Personal Friend" of the "SOLICITOR of JURISPRUDENCE"). Ultimately Jurisdiction & OMNIFICENT PLENARY POWER resides with my LORD, GOD retains Pro Bono. GOD helps those who help themselves. TLR we are engaging. "YO legislators, "YOUR Legislators are waiting to hear from you" "Awaitng your response they remain" SHAMSIE "came down the stairs" all sweaty, saw me and ran. He was following some Gimpy looking Character. Lhe resembled that guy who "testified in the Dude who threw his chick "DOWN THE STAIRS"" at least that was his story (documented by Court TV). "Chicken Shit" tactics as "THE WHINER" termed it. JOHN HUBERT: "YOURE DAMN RIGHT ITS PERSONAL" “Blessed be those that thirst for JUSTICE, for they shall be quenched” “Quench YOUR thirst”

http://www.followthemoney.org/database/StateGlance/contributor.phtml?si=200443&d=7034900&p=A01A01A01#cand_contrib

""YOU''RE DAMN RIGHT IT''S PERSONAL""

2006-02-08T02:14:00.000-08:00

""YOU''RE DAMN RIGHT IT''S PERSONAL"" 12/29/2005 1:12:12 AM""YOU''RE DAMN RIGHT IT''S PERSONAL"" Posted on December 26, 2005 at 08:44:36 AM by Jaime Kenedeño TRL la$h, You mean TRL CA$H Supported Capelo, MIKAL ""convinced"" with WATTS Posted on December 26, 2005 at 05:00:56 AM by Jaime Kenedeño What was the DEAL that VILMA LUNA LIASED with JOE NIXON and TLR. MOTIVATION???? What were the ""LEGAL ARGUMENTS""? How much ""CA$H"" was tranferred? We know why. But WHY anyway? Where were the meetings? Dates we need to get some dates. Who else besides the obvious PLAYERS? Now we need follow the money for the lower level Politics like Judge JAG & STIVERS. Oh yeah dont forget to add Patricia Canales Bell to the list. Tony ""TWO FER"" Canales chingalings his own FAMLIA! For Real. Right GABBY? He gave you to them instead of what? Maybe something to do with the ISLAND? It wasnt his enemies. TWO FER that is. It is Capelo''s enemy. Whoever that was / is. Somebody had the DPS CHAYSEN his FAMILY aound town. CAPELO THAT IS. HUGO set him into his PLACE state representative SEAT. MODIFICATION OF JOB OPPORTUNITIES is a WIA / BYRNE GRANT / TWC specialty. If you WORK in TEXAS;...... they control. HVALINKA v. Schubert Ask MARY CANO. Ask John Hubert. Ask Ernesto Solis. Ask Noel Pena. Ask Perjurer & Jury Tamperer Marilyn Ruff if she ""WORKED"" with me? She is a liar. She said she knew me not. Hubert knew everything about each Juror. #29 did not want any part of the witch hunt why? The Jury discussed the Voir Dire at Lunch; ""Everybody''s already putting guilty down on it"" That is what he told the Emperor.

Where is Mary Cano? TWC Private Sector (Under Construction)

2006-02-06T23:53:00.000-08:00

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>" src="http://206.51.51.158/images/raquogold2.gif" width=20 border=0>Request Information
Welcome Programs Academics Admissions Financial Aid Student Email WebAdvisor Jobs
Workforce Investment Act
» WIA Staff » Customer Service » RGV Workforce Centers » WIA Resources Links

Workforce Investment Act :
voice: 956.364.4532
Director:
Javier Deleonvoice: 956.364.4532Email: Workforce Investment Act
Mailing Address:
Workforce Investment Act TSTC Harlingen1902 North Loop 499Harlingen,TX 78550
Location:
The Workforce Investment Act office is located in the Special Projects Building.
Office Hours:
M - F: 8:00 AM - 5:00 PMSat., Sun.: Closed
Texas Workforce Commission of the Coastal Bend Region
This county will assist participants if eligible with all tuition, fees, books, tools, supplies, meals and dorms. Any Financial Aid (Pell grant can be utilized for gas, clothes, etc.) that is needed for everyday necessities in attending college.
President/CEO:
Oscar Martinez
Location:
Corpus Christi, Texas 78401
Address:
4444 Corona Dr. Suite 215Corpus Christi, TX 78411
Phone No.:
(361)225-1098
Fax No.:
(361)814-3450
Counties of Assistance:
Kenney, Duval, San Patricio, Bee, Live Oak, Kleberg, Jim Wells, Aransas, Mc Mullen, Refugio, Brooks and Nueces
www.cbwdb.com
2004 Texas State Technical College. Web Master Site Map Compact With Texans Privacy & Security Accessibility Open Records Link Policy TSTC Contacts State of Texas Online Texas Homeland Security Statewide Search

WIA

This is the mary cano type of business creates wit your tax money......isn't she worth the amount of services provided,????

Why would Medicaid side with a wrongdoer? Federal medicaid and insurance inc sitting in a tree......

MEDICAID "LIEN" RESOLUTION

Medicaid has only a right of Subrogation

Contents

each Federal department or agency, including the United States Postal Service, shall ensure, unless an undue burden

how many participants in the Buc parade this year use the Lone Star card." ~a ? I suppose, a statement.? Ask a duchess......u no 'em 2?

Because without a lawyer, a person untrained in the law has no idea what his rights are or how to assert them

Using Sybase technology, it was able to re-architect and re-implement the application, reducing both the size and frequency of client releases.

Texas Workforce commission ~AKA ~WIA~

Equal Opportunity Employer ~legalization ~ 2.modify your JOB opportunities

Texas Public Education Watchdog Authority: Dear Chuy Hinojosa, Florence Shapiro and distinguished Education Committee Members

"IN THE KNOW": dont ever forget who put you on the map.

Program expansion is a natural result of the need to support CCisd or are youin need a feasibility study could immediately begin to assess.....illeg

Watt is the hold up Mary Cano......

Substitute Teaching Does Not Qualify as Employment per Texas Workforce Commission

Tuesday, March 06, 2007

TEXAS UNEMPLOYMENT COMPENSATION LAW

207.041. SERVICES IN EDUCATIONAL INSTITUTIONS: "reasonable assurance that the individual will perform services

TPU 105.00: Substitute teachers may have reasonable

600 EDUCATIONAL INSTITUTION PERSONNEL HEARINGS

§ 2308.265. INCENTIVES AND WAIVERS. (A board.....certified by the governor?

FORMER MANAGER OF SAN BENITO HOUSING AUTHORITY PLEADS GUILTY TO EMBEZZLING MORE THAN $270,000

I am bringing this letter with the hope and faith that finally justice will be done

marycano: Mary Cano said, "Mrs Haley the Texas Workforce Does not recognize substitute teaching as employment."

My Job Opportunities have been Modified!

WIA Jaime Links

MODIFICATION OF JOB OPPORTUNITIES is a WIA / BYRNE GRANT / TWC specialty

""YOU''RE DAMN RIGHT IT''S PERSONAL""

Where is Mary Cano? TWC Private Sector (Under Construction)