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Texas Laws | Human Resource Code

(8) other duties designated by the workforce commission. (9588)

(c) Each year, the workforce commission shall review services provided by a central nonprofit agency and the revenues required to accomplish the program to determine whether each agency's performance complies with contractual specifications. Not later than the 60th day before the review, the workforce commission shall publish in the Texas Register a request for comment on the services of a central nonprofit agency that participates in community rehabilitation programs. (9589)

(d) At least once during each five-year period, the workforce commission may review and renegotiate the contract with a central nonprofit agency. Not later than the 60th day before the date the workforce commission adopts or renews a contract, the workforce commission shall publish notice of the proposed contract in the Texas Register. (9590)

(e) The workforce commission shall determine the best method to structure the maximum management fee rate charged by a central nonprofit agency for its services. The management fee rate must be reviewed on an annual basis. (9591)

(f) A percentage of the management fee described by Subsection (e) shall be paid to the workforce commission and is subject to Section 122.023. The percentage shall be set by the workforce commission in the amount necessary to reimburse the general revenue fund for direct and reasonable costs incurred by the comptroller and the workforce commission in administering the comptroller's and workforce commission's duties under this chapter, including any costs associated with providing support to the advisory committee. (9592)

(g) The workforce commission may terminate a contract with a central nonprofit agency if: (9593)

(1) the workforce commission finds substantial evidence of the central nonprofit agency's noncompliance with contractual obligations; and (9594)

(2) the workforce commission has provided at least 30 days' notice to the central nonprofit agency of the termination of the contract. (9595)

(h) The workforce commission may request an audit by the state auditor of: (9596)

(1) the management fee set by a central nonprofit agency; or (9597)

(2) the financial condition of a central nonprofit agency. (9598)

(i) A person may not operate a community rehabilitation program and at the same time contract with the workforce commission as a central nonprofit agency. (9599)

Amended by Acts 1995, 74th Leg., ch. 460, Sec. 1, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1304, Sec. 7, eff. Sept. 1, 2001. (9600)

Amended by: (9601)

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.427, eff. April 2, 2015. (9602)

Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 17, eff. September 1, 2015. (9603)


(a) The workforce commission shall prepare information of consumer interest describing the activities of the workforce commission under this chapter and describing the workforce commission's procedures by which consumer complaints are filed with and resolved by the workforce commission under this chapter. The workforce commission shall make the information available to the general public and appropriate state agencies. (9605)

(b) The workforce commission shall keep an information file about each complaint filed with the workforce commission. The file must include: (9606)

(1) the name of the person who filed the complaint; (9607)

(2) the date the complaint is received by the workforce commission; (9608)

(3) the subject matter of the complaint; (9609)

(4) the name of each person contacted in relation to the complaint; (9610)

(5) a summary of the results of the review or investigation of the complaint; and (9611)

(6) an explanation of the reason the file was closed, if the workforce commission closed the file without taking action other than to investigate the complaint. (9612)

(c) If a written complaint is filed with the workforce commission, the workforce commission, at least as frequently as quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation. (9613)

(d) The workforce commission shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the workforce commission's policies and procedures relating to complaint investigation and resolution. (9614)

Added by Acts 1995, 74th Leg., ch. 460, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 132, Sec. 9, eff. Sept. 1, 2003. (9615)

Amended by: (9616)

Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 18, eff. September 1, 2015. (9617)


(a) A dispute between the workforce commission and a central nonprofit agency or a community rehabilitation program shall first be submitted to alternative dispute resolution. (9619)

(b) This section does not constitute authorization to sue and does not modify the remedies available under other law. (9620)

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