tx-September252026-84: 40 TAC §853.2, §853.4 — Independent Living Services for Older Individuals WHO ARE Blind

Adopted Rules Title 40 TITLE 40. SOCIAL SERVICES AND ASSISTANCE PART 20. TEXAS WORKFORCE COMMISSION CHAPTER 853. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND The Texas Workforce Commission (TWC) adopts amendments to the following sections of Chapter 853, relating to Independent Living Services for Older Individuals Who Are Blind: Subchapter A. Independent Living Services for Older Individuals Who Are Blind, §853.2 and §853.4 Subchapter B. Services, §853.10 and §853.11 Subchapter C. Customer Financial Participation, §853.20 and §853.21 Amended §§853.2, 853.4, 853.10, 853.11, 853.20, and 853.21 are adopted without changes to the proposal, as published in the July 10, 2026, issue of the Texas Register (51 TexReg 4525), and, therefore, the adopted rule text will not be published. PART I. PURPOSE, BACKGROUND, AND AUTHORITY The purpose of the Chapter 853 rule change is to ensure alignment with the recently updated Older Individuals Who Are Blind (OIB) Policy Manual (OIB policy manual), as well as applicable state and federal regulations. Following a comprehensive review, discrepancies were identified between the current Chapter 853 and updated program policy. The proposed rule amendments address those inconsistencies and incorporate minor revisions to improve clarity, consistency, and overall readability. The updates support accurate implementation of the OIB program, reinforce compliance with governing authority under 34 Code of Federal Regulations, Part 367, and align rules with the requirements outlined in the OIB policy manual. PART II. EXPLANATION OF INDIVIDUAL PROVISIONS (Note: Minor editorial changes are made that do not change the meaning of the rules and, therefore, are not discussed in the Explanation of Individual Provisions.) SUBCHAPTER A. Independent Living Services for Older Individuals Who Are Blind TWC adopts amendments to Subchapter A, as follows: §853.2. Referral Section 853.2 is amended to clarify the definition and scope of minimal services by specifying examples of services included and incorporating independent living skills training that can be effectively delivered with no more than one or two face-to-face visits by OIB program staff to an individual receiving services. The revision ensures consistency with current program practices and provides clear guidance to staff for appropriate service delivery. §853.4. Application Section 853.4 is amended to replace electronic "PIN" with electronic "signature" to align the rule with the OIB program's practices. SUBCHAPTER B. Services TWC adopts amendments to Subchapter B, as follows: §853.10. Independent Living Plan Section 853.10 is amended to remove the reference to form 5154, which has been retired, and updates the section to reflect the current process. The revision ensures accuracy, eliminates outdated information, and provides clear guidance aligned with current program procedures. §853.11. Scope of Services Section 853.11 is amended to clarify that training in using technology and independent living skills may be provided to OIB customers. SUBCHAPTER C. Customer Financial Participation TWC adopts amendments to Subchapter C, as follows: §853.20. Individuals Who Receive Social Security Income or Social Security Disability Insurance Section 853.20 is amended to clarify that customers receiving certain types of Social Security benefits are exempt from cost participation for OIB services. The revision ensures consistency with program policy and provides clear guidance regarding eligibility for services at no cost. §853.21. Customer Participation in the Cost of Services Section 853.21 is amended to remove subsection (c) due to an inaccurate reference to §853.11 regarding cost participation. Current §853.21(c) does not clearly specify which services are exempt from customer participation. Removing this subsection eliminates potential confusion and ensures the rule accurately reflects program policy. TWC hereby certifies that the rules have been reviewed by legal counsel and found to be within TWC's legal authority to adopt. PART III. PUBLIC COMMENTS The comment period ended on August 10, 2026. No comments were received. SUBCHAPTER A. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND 40 TAC §853.2, §853.4 PART IV. STATUTORY AUTHORITY The rules are adopted under: --Texas Labor Code, §352.103(a), which provides TWC with the authority to establish rules for providing vocational rehabilitation services; and --Texas Labor Code, §301.0015(a)(6), which provides TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities. The adopted rules relate to Title 4, Texas Labor Code, particularly Chapter 352. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on September 8, 2026. TRD-202603915 Les Trobman General Counsel Texas Workforce Commission Effective date: September 28, 2026 Proposal publication date: July 10, 2026 For further information, please call: (737) 301-9662 SUBCHAPTER B. SERVICES 40 TAC §853.10, §853.11 The rules are adopted under: --Texas Labor Code, §352.103(a), which provides TWC with the authority to establish rules for providing vocational rehabilitation services; and --Texas Labor Code, §301.0015(a)(6), which provides TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities. The adopted rules relate to Title 4, Texas Labor Code, particularly Chapter 352. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on September 8, 2026. TRD-202603916 Les Trobman General Counsel Texas Workforce Commission Effective date: September 28, 2026 Proposal publication date: July 10, 2026 For further information, please call: (737) 301-9662 SUBCHAPTER C. CUSTOMER FINANCIAL PARTICIPATION 40 TAC §853.20, §853.21 The rules are adopted under: --Texas Labor Code, §352.103(a), which provides TWC with the authority to establish rules for providing vocational rehabilitation services; and --Texas Labor Code, §301.0015(a)(6), which provides TWC with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of TWC services and activities. The adopted rules relate to Title 4, Texas Labor Code, particularly Chapter 352. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority. Filed with the Office of the Secretary of State on September 8, 2026. TRD-202603917 Les Trobman General Counsel Texas Workforce Commission Effective date: September 28, 2026 Proposal publication date: July 10, 2026 For further information, please call: (737) 301-9662