Gov. Abbott Announces Recent Executive Orders, Unemployment Guidance For Self-Employed, Contract And Gig Workers

EDITORIAL NOTE
The Coronavirus (COVID-19) is a very fluid situation, and it will continue to be. As new information becomes available from Hays County, the State of Texas and federal government agencies, we will publish those updates.

Hays County releases regular updates on the number of confirmed cases and other local statistics related to COVID-19.

The county’s dashboard is updated twice on a daily basis to provide the latest information to keep residents informed.

As more and more communities around the United States push to reopen businesses, Governor Abbott signed his latest Executive Orders orders on April 17.

Abbott’s Executive Order GA-16 will take effect on April 24 and includes what services will start the state’s reopening process.

Executive Order GA-17 established the Strike Force to Open Texas—a team of nationally recognized medical experts and private and public leaders who will advise the Governor on safely and strategically reopening the state of Texas.

Executive Order No. GA-16 relating to the safe, strategic reopening of select services as the first step to Open Texas in response to the COVID-19 disaster.

Executive Order GA-16 Reopened servicesconsists of;

  • Starting at 12:01 a.m. on Friday, April 24, 2020, retail services that are not “essential services,” but that may be provided through pickup, delivery by mail, or delivery to the customer’s doorstep in strict compliance with the terms required by DSHS. The DSHS requirements may be found at www.dshs.texas.gov/coronavirus.
  • Such additional services as may be enumerated by future executive orders or proclamations by the governor.

Executive Order GA-17 creates the states new Open Texas Strike Force

The Governor’s Strike Force to Open Texas was created to advise the governor on safely and strategically restarting and revitalizing all aspects of the Lone Star State—work, school, entertainment, and culture.

The Strike Force will represent a collaboration among medical professionals and public and private leaders and have advisory duties, as well as any other advisory tasks assigned.

“Texans are battling a colossal challenge—an invisible enemy that has tested our lives and our livelihoods—but overcoming challenges is part of who we are as Texans,” said Governor Abbott. “We have shown that Texas can continue our efforts to contain COVID-19 while also adopting safe standards that will allow us to begin the process of reopening Texas. The Strike Force to Open Texas brings together nationally recognized medical experts with public and private sector leaders to achieve this mission. By coming together, we can get Texans back to work, practice safe standards that will prevent the spread of COVID-19, and we can overcome this pandemic.”

Gov. Abbott Waives Certain Restrictions On Financial Assistance From Texas College Work-Study Program

AUSTIN – Governor Greg Abbott has temporarily waived certain restrictions to allow Texas higher education institutions to transfer all unexpended student financial aid funds from the Texas College Work-Study (TCWS) program to other financial aid programs that do not have a work-study requirement to ensure students will continue receiving financial assistance.

Those programs include the TEXAS Grant program, the Texas Educational Opportunity Grant Program, and the Tuition Equalization Grant program.

With physical campuses closed or under limited operation, this waiver will help students who normally rely on the TCWS program to receive other forms of financial assistance they may need to continue their education.

“With reduced campus operations due to COVID-19, many Texas students are unable to participate in the work-study programs they depend on to pay their tuition and other expenses,” said Governor Abbott. “This waiver allows colleges and universities to put TCWS funds toward other forms of assistance—providing a financial lifeline to students in need.”

Governor Abbott Temporarily Waives Certain Testing Requirements For Advanced Practice Registered Nurses

AUSTIN – Governor Greg Abbott has waived certain testing requirements for Advance Practice Registered Nurses (APRN) as part of the state’s response to COVID-19.

As a result of this waiver, new APRN graduates who have applied for APRN licensure with the Board of Nursing and have met all licensure requirements except national certification may begin practicing under direct physician supervision.

This graduate approval does not include prescriptive authority.

“The State of Texas is committed to removing barriers that could potentially prevent frontline health care workers like APRNs from serving their fellow Texans throughout the COVID-19 response,” said Governor Abbott. “This temporary waiver will ensure more APRNs are available to serve in our communities. We are grateful for our frontline health care professionals and remain unwavering in our support of their crucial work.” 

Governor Approves Regulatory Suspensions to Allow Offender Education Programs to Offer Remote Classroom Instruction During the COVID-19 Pandemic

To help combat the spread of Coronavirus, TDLR requested and received authority from Governor Greg Abbott to suspend certain regulatory requirements to allow licensees of the Offender Education Program to provide more services through remote classroom instruction.

These suspensions are in effect until terminated by the Office of the Governor or until the March 13, 2020 disaster declaration is lifted or expires. In accordance with Section 418.016 of the Texas Government Code, the Office of the Governor has granted TDLR’s request to suspend the following provisions:

Rule Provisions to be Waived for All Offender Education Programs Listed

  • Waive 16 TAC §90.43(b) regarding “Each instructor must be physically present in the classroom with all of the participants for each class.”
  • Waive 16 TAC §90.48(a) and (f) applicable to Classroom Facilities and Equipment to allow for the provision of program instruction from certified providers to offenders through remote classroom instruction.

Statutory Provision Waived for Alcohol Education for Minors

  • Waive Texas Alcoholic Beverage Code §106.115(a) as it relates to the word “attend” if it would require a defendant’s physical presence in a classroom setting to receive program instruction related to alcohol awareness, drug education, or drug and alcohol driving awareness program under this statute, or TDLR rule. Clarify that “attend” may include the provision of program instruction to offenders (and authorized persons) from certified providers via remote classroom instruction. 

Statutory Provision Waived for Drug Offender Education

  • Waive Texas Transportation Code §521.374(a) as it relates to the word “attend” if it would require an offender’s physical presence in a classroom setting to receive program instruction related to a drug education program under this statute or TDLR rule. Clarify that “attend” may include the provision of program instruction to offenders from certified providers via remote classroom instruction.

Statutory Provision Waived for DWI Education Program

  • Waive Code of Criminal Procedure Article §42A.403(a) as it relates to the word “attend” if it would require an offender’s physical presence in a classroom setting to receive program instruction related to a DWI Education program authorized under this statute or TDLR rule. Clarify that “attend” may include the provision of program instruction to offenders from certified providers via remote classroom instruction.

Statutory Provision Waived for DWI Intervention Program

  • Waive Code of Criminal Procedure Article 42A.404(a) as it relates to the word “attend” if it would require an offender’s physical presence in a classroom setting to receive program instruction related to a DWI Intervention Education program authorized under this statute or TDLR rule. Clarify that “attend” may include the provision of program instruction to offenders from certified providers via remote classroom instruction.

Implementation of Remote Classroom Instruction

Offender Education programs engaging in remote classroom instruction must ensure that all hours are properly accounted for and that all curriculum delivered must be in accordance with Title 16 Texas Admin. Code, Chapter 90, Sections 90.40, and 90.41.

In addition, providers must ensure the identity of the distance-learning student, adhere to the student/instructor ratio limitation, and ensure that the student has the proper tools and materials to participate in the remote classroom instruction.

Licensed providers can notify the department by email at OEP@tdlr.texas.gov with the subject line of the email as “COVID-19 Remote classroom instruction” and provide the following information:

  • Provider name and license number; and
  • Type of method being used to:
    • deliver remote classroom instruction, including the platform, technology or program;
    • track and verify student attendance, including hours completed; and
    • deliver the end of course test (applicable programs).

Unemployment Guidance for Self-Employed, Contract and Gig Workers

AUSTIN — The Texas Workforce Commission (TWC) advises self-employed, contract, and gig workers who have lost work due to the COVID-19 pandemic to apply for Pandemic Unemployment Assistance (PUA) using Unemployment Benefits Services (UBS).

During the application process, when UBS asks non-traditional workers the reason for their job separation, they should select “reduced hours.” If their reduced hours are a result of COVID-19, they should also select “COVID-19” under the disaster impact section. The system will then display questions they need to answer to complete their claim.

After completion, the system will first review the claim for regular unemployment insurance eligibility, which will result in a denial of regular unemployment benefits only. Subsequently, TWC will automatically enroll these applicants in PUA. The initial denial of unemployment insurance may cause confusion but does not affect the PUA eligibility.

Those who have already submitted claims should not reapply. They should continue to request benefit payment every two weeks while TWC enrolls them in PUA.

Applicants do not need to call TWC. Non-traditional applicants who are eligible will qualify for a base weekly benefit amount of $207, plus the additional $600 Federal Pandemic Unemployment Compensation (FPUC) payment per week.

Self-employed, contract and gig workers must submit their 2019 IRS 1040 Schedule C, F or SE prior to December 26, 2020, by fax, email or mail:

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