Amendmentsto Chapter 819

Texas Workforce Commission Civil Rights Division Rules

Policy Concept

Background

Senate Bill (SB) 1446, enacted by the 85th Texas Legislature, Regular Session (2017), and signed into law effective September 1, 2017, amended sections of the Administrative Procedure Act (APA) (Texas Government Code, §2001) relating to the procedures of a contested agency hearing. Contested cases involving fair housing are the only Texas Workforce Commission (TWC) hearings subject to APA’s contested case hearings provisions, pursuant to §301.111(b) of the Property Code.

Additionally, staff is proposing amendments to the rules to provide guidance to address multiple issues that have arisen through fair housing investigations, includingchanges to align with Texas Department of Housing and Community Affairs (TDHCA) rulesand U.S. Department of Housing and Urban Development (HUD) rules.

These changesnecessitate amending Chapter 819 of the Texas Administrative Code, Texas Workforce Commission’s (TWC) Civil Rights Division (CRD) rules.

The following are issues and recommendations for amendments to theCRD rules.

Issue 1: Update Chapter 819, Texas Workforce Commission Civil Rights Division rules to comply with amendments to the Administrative Procedure Act

The following proposed amendments to the CRD rules are necessary pursuant to the September 1, 2017, enactment of SB 1446, which amended sections of the APA relating to the procedures of a contested agency hearing:

  • Amend §819.194 to allow an attachment that incorporates, by reference, the factual matters asserted in a complaint as an acceptable option for information that is required with a notice of hearing.
  • Amend §819.199 to:

specify the acceptable methods that TWC may use to notify each party to a contested case of any decision or order of TWC’s three-memberCommission (Commission); and

clarify when a Commission decision becomes final following timely submission of a motion for rehearing.

  • Amend §819.200 to specify that a party filing a motion for rehearing or a reply to a motion for rehearing mustserve a copy on each party using the newly enacted notification methods set forth in §819.199.

Issue 2: Update Chapter 819, Texas Workforce Commission Civil Rights Division rules to provide guidance to the public and to alignthe rules with current applicable state rules and a federal regulation

The following amendments are proposed:

  • Amend §819.122 to include additional requirements pertaining to exemptions to discriminatory housing practices based on familial status, as set forth in the Texas Fair Housing Act, including:

a clarification that the familial status exemption based on federal or state programs for elderly persons only includes programs approved by the HUD Secretary, as set forth in HUD’s rules; and

a requirement that an occupancy policy must allow at least two persons per bedroom, not counting children age 6 or younger, butan occupancy policy may be more restrictive if there is written justification taking into account factors like bedroom size, and if required by local building code or safety regulation, consistent with TDHCA rules.

  • Amend §819.133 to include the requirement that responses to reasonable modification requests be provided within 14 calendar days, as set forth in TDHCA rules.
  • Amend §819.134 to include the following requirements pertaining to discrimination in refusing reasonable accommodations, as set forth in TDHCA rules:

It is unlawful for any person to refuse to make reasonable accommodations when such accommodations may be necessary.

There must be an identifiable relationship between arequested accommodation and the individual’s disability.

Responses to reasonable accommodation requests must be provided within 14 calendar days.

With certain exceptions, a housing provider must provide and pay for the requested accommodation.

A housing provider may not charge a fee or place conditions on a resident or applicant in exchange for making an accommodation.

A reasonable-accommodation request should be specific to the needs of anindividual with a disability, rather than any accessibility code specification.

  • Amend §819.136 to make it unlawful, in accordance with HUD’s rules, to retaliate against anindividualwho reports a discriminatory housing practice or to harass anindividualbecause of race, color, religion, sex, familial status, national origin, or disability.
  • Rename the Subchapter I title for clarification.

Decision Point

Staff seeks direction onamending TWC rules, Chapter 819:

  • pursuant to amendments made to the APA as specified in SB 1446, 85th Texas Legislature, Regular Session (2017); and
  • to provide guidance to the public, including alignment with TDHCA and HUD rules.

PC-Ch. 819 Civil Rights (11.14.17) Notebook.docx1