In addition to the definitions contained in §800.2 of this title, the following words or terms shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Certified Full-Service Texas Workforce Center--A local full-service workforce center that has integrated service functions to aid employers and job seekers in all aspects of employment and training in a seamless, nonprogram-specific manner, and has been found to meet the requirements of a Full-Service Texas Workforce Center set out in §801.25(b) of this subchapter.
2. (2) Certified Texas Workforce Center--A local workforce center that provides integrated services to aid employers and job seekers in all aspects of employment and training in a seamless nonprogram-specific manner, and has been found to meet the requirements of a Certified Texas Workforce Center set out in §801.25(a) of this subchapter.
3. (3) Competent--A federal or state qualified veteran who meets the eligibility requirements of the program from which he or she is seeking services, and is determined eligible for a specific employment and training service funded by that program.

4. (4) Federal Qualified Veteran or Qualified Spouse--For purposes of implementing priority of service for DOL-funded employment and training programs, the term "federal qualified veteran or qualified spouse" is defined as:

   1. (A) A veteran as defined:

      1. (i) under the Workforce Investment Act (29 U.S.C. §2801), or by any relevant waivers, as an individual who served in the active military, naval, or air service, and who was discharged or released from such service under conditions other than dishonorable; or

      2. (ii) in 38 U.S.C. §4211 as a person who:

         1. (I) served on active duty for a period of more than 180 days and was discharged or released therefrom with other than a dishonorable discharge;
         2. (II) was discharged or released from active duty because of a service-connected disability; or
         3. (III) as a member of a reserve component under an order to active duty pursuant to 10 U.S.C. §12301(a), (d), or (g), §12302, or §12304, served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and was discharged or released from such duty with other than a dishonorable discharge.

   2. (B) The spouse of any of the following individuals:

      1. (i) Any veteran who died of a service-connected disability.

      2. (ii) Any member of the Armed Forces serving on active duty who, at the time of application for assistance under this section, is listed, pursuant to 37 U.S.C. §556 and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than 90 days:

         1. (I) Missing in action;
         2. (II) Captured in line of duty by a hostile force; or
         3. (III) Forcibly detained or interned in line of duty by a foreign government or power.
      3. (iii) Any veteran who has a total disability resulting from a service-connected disability.
      4. (iv) Any veteran who died while a disability, as defined in clause (iii) of this subsection, was in existence.

5. (5) Eligible Foster Youth--An eligible foster youth is a:

   1. (A) Current Foster Youth--A youth, age 14 or older, who is receiving substitute care services under the managing conservatorship of the Texas Department of Family and Protective Services (DFPS). This includes youth residing in private foster homes, group homes, residential treatment centers, juvenile correctional institutions, and relative care; or

   2. (B) Former Foster Youth--A youth up to 23 years of age, who formerly was under the managing conservatorship of DFPS, until:

      1. (i) the conservatorship was transferred by a court;
      2. (ii) the youth was legally emancipated (i.e., the youth's minority status was removed by a court); or
      3. (iii) the youth attained 18 years of age.
6. (6) National Emergency--A condition declared by the President by virtue of powers previously vested in that office to authorize certain emergency actions to be undertaken in the national interest pursuant to 50 U.S.C. §1621.

7. (7) State Qualified Veteran--An individual who meets the criteria of Texas Government Code §657.002(c) is entitled to a preference (i.e., priority) for training or assistance under a job training or employment assistance program or service funded in whole or in part by state funds if the individual:

   1. (A) served in the military for not less than 90 consecutive days during a national emergency declared in accordance with federal law or was discharged from military service for an established service-connected disability;
   2. (B) was honorably discharged from military service; and
   3. (C) is competent as defined in paragraph (1) of this section.

Source Note:The provisions of this §801.23 adopted to be effective May 25, 2000, 25 TexReg 4591; amended to be effective October 18, 2006, 31 TexReg 8563.