40 TAC §800.56
The Texas Workforce Commission (Commission) adopts on an
emergency basis amendments to §800.56, concerning Child Care Services.
The purpose of the amendments is to utilize the federal poverty level indicators
instead of the state median income levels as the mechanism for targeting At-Risk
children for child care services in areas of desperate need.
The language in §800.56(c) and (f) is changed from "75% of the state
median income" to "150% of the federal poverty guidelines."
The "federal poverty guidelines" are formally referenced as "the poverty
guidelines updated annually in the
Federal Register
by the U.S. Department of Health and Human Services under authority
of §673(2) of the Omnibus Budget Reconciliation Act of 1981."
The "state median income" is published in the 1990 US Census Data, which
contains the 1989 median family income data.
The use of the 75% of the state median income level instead of 150% of
the federal poverty guidelines to determine allocations to local workforce
development areas results in a shifting of funds away from areas of the state
that have substantial numbers of children living below or near the poverty
level. Use of the state median income level instead of the federal poverty
guidelines could result in parents leaving employment to care for children
or having to leave their children in unsafe situations, such as unsupervised
care, in order to maintain employment. For this reason, the use of the state
median income level presents an imminent peril to the public health, safety
or welfare of the children of the state.
Randy Townsend, Chief Financial Officer, 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 rule as amended;
There are no estimated reductions in costs to the state and to local governments
as a result of enforcing or administering the rule as amended;
There are no estimated losses or increases in revenue to the state or to
local governments as a result of enforcing or administering the rule as amended;
There are no foreseeable implications relating to costs or revenue of the
state or local government as a result of enforcing or administering the rule
as amended; and
There are no probable economic costs to persons required to comply with
the rule as amended.
Charlotte Brantley, Director of Child Care/Work and Family Clearinghouse,
has determined that:
There is no anticipated adverse impact on small businesses as a result
of enforcing or administering the amendments because the local workforce development
boards are recipients of funds and small businesses are not required to do
anything to comply with the rule as amended; and
For each year of the first five years that the amendments will be in effect,
the public benefit expected as a result of the adoption of the amendments
is that the amendments will ensure that children living below or near the
poverty level have increased access to child care funding.
The emergency amendments are adopted under Texas Labor Code,
§301.061 and §302.021, 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 emergency amendments affect Texas Labor Code Title 4, particularly
Chapters 301 and 302.
§800.56. Child Care Services.
(a)-(b)
(No change.)
(c)
For At-Risk child care, funds will be allocated among
workforce areas on the basis of:
(1)
the relative proportion of the total number of children
aged 0-12 years in families at or below
150% of the federal poverty guidelines
[
75% of the state median income
] residing within the workforce
area to the statewide total number of children aged 0-12 years in families
at or below
150% of the federal poverty guidelines
[
75% of
the state median income
], and
(2)
an adjustment for average net unit rates for At-Risk
child care.
(d)-(e)
(No change.)
(f)
For locally matched initiatives for child care and quality
improvements, funds will be allocated among workforce areas on the basis of
the relative proportion of children aged 0-12 years in families at or below
150% of the federal poverty guidelines
[
75% of the state median
income
] residing within the workforce area to the statewide total of
children aged 0-12 years in families at or below
150% of the federal
poverty guidelines
[
75% of the state median income
].
(g)-(j)
(No change.)
Filed with the Office of the Secretary of State,on
August 18, 1998.
TRD-9813120
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: August 18, 1998
Expiration date: December 16, 1998
For further information, please call: (512) 463-8812