40 TAC §800.58
The Texas Workforce Commission (Commission) proposes amendments
to §800.58, concerning allocation of child care funds to local workforce
development areas (workforce areas).
The purpose of the amendments is to allow local workforce development boards
(Boards) to have more flexibility in the use of funds at the local level and
to allocate the funds in the most effective manner based on the needs of the
workforce areas. It is the Commission's intent to assist the greatest number
of families already working or transitioning to the workforce through participating
in education or training activities by providing affordable, accessible, quality
child care services. This goal is met by the Boards' meeting and exceeding
statewide performance targets as set forth in the state's General Appropriations
Act.
The amendments revise the method of determining the maximum amount of funds
that may be used for administrative costs in the workforce area that are necessary
to administer child care. The amendments will also maximize the amount of
funds expended on direct child care services, instead of administrative and
related activities.
The Commission is committed, when possible, to allocating an amount of
funds available for workforce training and services greater than the minimum
level set by law.
The specific amount of funds available for allocation to workforce areas
will be determined during the Commission's budgetary process. The amendments
to the rule are designed to be responsive to the needs of workforce areas.
The proposed amendments specify the method the Commission will employ in
carrying out the allocation of funds to the workforce areas and the use of
those funds for certain child care services. The child care services are provided
under Texas Human Resources Code, Chapter 44.
If a Board fails to comply with the provisions contained in the rule, the
Board shall be subject to the sanctions as detailed in Title 40, Texas Administrative
Code, Chapter 800, Subchapter E, Sanctions.
Randy Townsend, Director of Finance, has determined that for each year
of the first five years the amendments will be in effect the following statements
will apply:
There are no additional estimated costs to the state and to local governments
expected as a result of enforcing or administering the amendments;
There are no estimated reductions in costs to the state and to local governments
as a result of enforcing or administering the amendments;
There are no estimated losses or increases in revenue to the state or to
local governments as a result of enforcing or administering the amendments;
There are no foreseeable implications relating to costs or revenue of the
state or local governments as a result of enforcing or administering the amendments;
and
There are no anticipated economic costs to persons required to comply with
the amendments.
Mr. Townsend has also determined that there is no anticipated adverse impact
on small businesses as a result of enforcing or administering the rule because
small businesses are not regulated by or required to do anything by these
amendments.
Mark Hughes, Director of Labor Market Information, has determined that
there is no significant negative impact upon employment conditions in this
state as a result of these proposed amendments.
Jean Mitchell, Director of Workforce and Development, has determined that
for each year of the first five years the amendments are in effect, the public
benefit anticipated as a result of enforcing the amendments will be to help
ensure a more effective use of child care funds to assist Boards in supporting
employment, training, and education.
Comments on the proposal may be submitted to David Coufal, Texas Workforce
Commission Building, 101 East 15th Street, Room 434T, Austin, Texas 78778,
(512) 463-2668. Comments may also be submitted via fax to (512) 936-3223 or
e-mailed to: David.Coufal@twc.state.tx.us. Comments must be received by the
Commission within thirty days from the date of the publication in the Texas Register
.
The amendments to the rule are proposed under Texas Labor Code,
Title 4, which provides the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission programs.
The amendments to the rule affect Texas Labor Code, Chapter 302, particularly
§302.002, and Texas Human Resources Code, Chapters 31 and 44.
§800.58.Child Care Allocations.
(a)-(e)
(No change.)
(f)
The following provisions apply to the funds allocated in
subsections (b)-(d) of this section:
(1)
The Commission will determine the maximum amount that
can be expended in the workforce area for administrative costs. This amount
will include a base amount for each workforce area and a variable amount based
on the total expenditure of funds allocated in subsections (b)-(d) of this
section.
[
No more than 5% of the total expenditure of funds may
be used for administrative costs as defined in federal regulations contained
in 45 Code of Federal Regulations §98.52, as may be amended.
]
(2)
At least 4% of the total expenditure of funds must
be used for activities to improve the quality of child care as defined in
federal regulations contained in 45 Code of Federal Regulations §98.51,
as may be amended. At the local workforce development board's (Board) discretion,
more than 4% of the expenditures may be used for these activities.
(3)
Transitional clients who are eligible for child care
for their children and Choices clients who are eligible for child care for
their children shall be served on a priority basis to enable parents to participate
in work, education, or training activities.
(4)
Sufficient funds must be used for direct child
care services to ensure Commission-approved performance targets are met.
[
The percentage of the total expenditure of the funds allocated for child
care that is expended in direct child care services in fiscal year 2000 and
all succeeding fiscal years, shall equal, or exceed, the percentage of the
total expenditure of funds allocated for child care that was expended for
direct child care services in fiscal year 1999.
]
(5)
The Board shall comply with any additional requirements
adopted by the Commission or contained in the Board contract.
(g)
The provisions in this section shall be applicable to allocations
for child care beginning in fiscal year 2000.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August
2, 1999.
TRD-9904709
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: September 12, 1999
For further information, please call: (512) 463-8812