Section 811.2 - DefinitionsThe following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
(1) Applicant--An adult, or teen head of household, in a family who applies for TANF cash assistance, who previously did not leave TANF in a sanctioned status.(2) Choices-eligible individual--An individual eligible to receive Choices services including an adult or teen head of household who is an applicant, conditional applicant, recipient, nonrecipient parent, former recipient, or sanctioned family as defined in this chapter.(3) Choices participant--A Choices-eligible individual participating in or outreached for Choices services, including:(A) Exempt Choices participant--A Choices-eligible individual who is not required under Texas Human Resources Code, Chapter 31 or Texas Health and Human Services Commission (HHSC) rules (1 TAC, Part 15, Chapter 372, Temporary Assistance for Needy Families and Supplemental Nutrition Assistance Programs) to participate in Choices services, but who may voluntarily participate in Choices services.(B) Mandatory Choices participant--A Choices-eligible individual who is required under Texas Human Resources Code, Chapter 31 or HHSC rules (1 TAC, Part 15, Chapter 372) to participate in Choices services.(4) Community service--A program that provides employment and training activities to Choices participants through unsalaried, work-based positions in the public or private nonprofit sectors. Community service programs contain structured, supervised activities that are a direct benefit to the community and are designed to improve the employability of Choices participants who have been unable to find employment.(5) Conditional applicant--An adult or teen head of household who left TANF in a sanctioned status, but who is reapplying for TANF cash assistance and must demonstrate cooperation with Choices program requirements for four consecutive weeks.(6) Earned Income Deduction (EID)--A standard work-related and income deduction, available for four months through HHSC.(7) Employment Planning Session (EPS)--A meeting with a TANF recipient to introduce Choices services.(8) Extended TANF recipient--A recipient who receives TANF cash assistance past the 60-month federal time limit because of a hardship exemption as defined in Texas Human Resources Code, Chapter 31 and HHSC rules (1 TAC, Part 15, Chapter 372).(9) Former recipient--An adult or teen head of household who no longer receives TANF cash assistance because of employment.(10) HHSC--Texas Health and Human Services Commission.(11) Job readiness--Short-term structured activities or a series of activities lasting less than six months designed to prepare a job seeker for unsubsidized employment and increase the job seeker's employability. Activities may include, but are not limited to: interviewing skills, job retention skills, personal maintenance skills, professional conduct skills, and introductory computer skills.(12) Job search--Acts of seeking or obtaining employment, or preparing to seek or obtain employment, including life skills training, substance abuse treatment, mental health treatment, or rehabilitation activities. Activities may include: information on and referral to available jobs; occupational exploration, including information on local emerging and demand occupations; job fairs; applying or interviewing for job vacancies; and contacting potential employers.(13) Job skills training--Training or education for job skills required by an employer to provide a Choices participant with the ability to obtain employment or to advance or adapt to the changing demands of the workplace.(14) Nonrecipient parent--Adults or minor heads of household not receiving TANF cash assistance but living with their own children who are receiving TANF cash assistance. Nonrecipient parents include parents who are not eligible for TANF cash assistance:(A) due to a disqualification by HHSC. These disqualifications include parents who: (i) refuse to comply with Medicaid third-party resource requirements;(ii) do not comply with Social Security number requirements;(iii) are found guilty of an intentional program violation;(iv) fail to report the temporary absence of a certified child;(v) are fugitives fleeing to avoid prosecution of, or confinement for, a felony criminal conviction, or are found by a court to be violating federal or state probation or parole;(vi) are convicted of a felony drug offense (not deferred adjudication) committed on or after April 1, 2002; or(vii) refuse to cooperate with the program integrity assessment process;(B) because they are receiving Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI); or(C) because they have exhausted their TANF state time limit.(15) PRWORA--The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, 110 Stat. 2105, as amended.(16) Recipient--An adult or teen head of household who receives TANF cash assistance.(17) Sanctioned family--An adult or teen head of household who must demonstrate cooperation for one month in order to reinstate TANF cash assistance.(18) Secondary school--Educational activities including middle school, high school leading to a high school diploma, or classes leading to the completion of a high school equivalency credential.(19) TANF cash assistance--The cash grant provided through HHSC to individuals who meet certain residency, income, and resource criteria as provided under federal and state statutes and regulations, including PRWORA, the TANF block grant statutes, the TANF State Plan, TANF cash assistance provided under Texas Human Resources Code, Chapters 31 and 34, and other related regulations.(20) The TWC case management system --The Agency's automated data processing and case management system for the Texas workforce system.(21) Vocational educational training--Organized educational programs directly related to preparing Choices participants for employment in current or emerging occupations.(22) Work-based services--Includes those employment programs defined in Texas Human Resources Code § 31.0126.(23) Work-eligible individual--Work-eligible individuals are adults or minor heads of household receiving TANF cash assistance, and nonrecipient parents living with a child receiving such assistance --with the following exceptions:(A) Noncitizens who are ineligible to receive cash assistance because of their immigration status;(B) Parents caring for a disabled family member who lives in the home (provided the need for such care is supported by medical documentation), on a case-by-case basis;(C) Recipients of SSI or SSDI, on a case-by-case basis; and(D) A minor parent who is not the head-of-household.(24) Work experience--Unpaid training in the public or private sector designed to improve the employability of Choices participants who have been unable to find employment.(25) Work ready--A Choices-eligible individual is considered work ready if he or she has the skills that are required by employers in the local workforce development area. A Board must ensure immediate access to the labor market to determine whether the Choices-eligible individual has those necessary skills to obtain employment.(26) Work requirement--For the purposes of 42 USC §607 and 45 CFR §261.10, a Choices participant is deemed to be engaged in work by participating in: (A) unsubsidized employment;(B) subsidized employment;(C) on-the-job training (OJT); or(D) educational services for Choices participants who have not completed secondary school or received a high school equivalency credential as provided in § 811.30 of this chapter.40 Tex. Admin. Code § 811.2
The provisions of this §811.2 adopted to be effective November 18, 2003, 28 TexReg 10261; amended to be effective February 26, 2007, 32 TexReg 906; amended to be effective September 29, 2008, 33 TexReg 8192; amended to be effective January 8, 2013, 38 TexReg 180; Amended by Texas Register, Volume 43, Number 48, November 30, 2018, TexReg 7802, eff. 12/3/2018; Amended by Texas Register, Volume 49, Number 20, May 17, 2024, TexReg 3589, eff. 5/20/2024