Section 813.11 - Board Responsibilities Regarding Access to SNAP E&T Activities and Support Services(a) A Board shall ensure that allowable SNAP E&T activities and support services, as set forth in Subchapters D and E, respectively, of this chapter, are provided as specified in the annual state plan of operations approved by the United States Department of Agriculture (USDA), to individuals who are: (1) classified as the General Population; or(b) A Board shall ensure that the monitoring of SNAP E&T requirements and participant activities is ongoing and frequent, as determined appropriate by the Board, and consists of: (1) tracking and reporting SNAP E&T participation hours;(2) tracking and reporting support services hours;(3) determining and arranging for any intervention needed to assist the individual in complying with SNAP E&T service requirements;(4) monitoring and ensuring progress toward achieving the goals and objectives in the employment plan; and(5) monitoring all other requirements.(c) A Board shall ensure that all ABAWDs in full-service SNAP E&T counties are provided with an offer of a work activity within 10 calendar days from the date of referral from HHSC.(d) A Board shall ensure that HHSC is notified in a timely manner if a mandatory work registrant fails to comply with participant responsibilities, as set forth in § 813.12 of this subchapter.(e) A Board shall ensure that employment and training activities are conducted in compliance with the Fair Labor Standards Act (FLSA) ( 29 USC § 201 et seq.), as follows: (1) The amount of time per week that a mandatory work registrant or exempt recipient who voluntarily participates in SNAP E&T services may be required to participate in activities that are not exempt from minimum wage and overtime under the FLSA shall be determined by the SNAP benefits amount being divided by the minimum wage, so that the amount paid to the mandatory work registrant or exempt recipient who voluntarily participates in SNAP E&T services would be equal to or more than the amount required for payment of wages, including minimum wage and overtime.(2) If a Board provides activities that meet all the following criteria set forth in this paragraph, the activities are considered "training" under FLSA and minimum wage and overtime are not required, as follows: (A) The training is similar to that given in a vocational school.(B) The training is for the benefit of the trainees.(C) Trainees do not displace currently employed workers.(D) Employers derive no immediate advantage from trainees' activities.(E) Trainees are not entitled to a job after training is completed.(F) Employers and trainees understand that trainees are not paid.(f) A Board shall ensure that placement in work-based services does not result in the displacement of currently employed workers or impair existing contracts for services or collective bargaining agreements.40 Tex. Admin. Code § 813.11
The provisions of this §813.11 adopted to be effective September 3, 2001, 26 TexReg 6731; amended to be effective February 26, 2003, 28 TexReg 1657; amended to be effective March 29, 2005, 30 TexReg 1799; amended to be effective August 17, 2009, 34 TexReg 5589; Amended by Texas Register, Volume 45, Number 43, October 23, 2020, TexReg 7612, eff. 10/26/2020