Part 20.
TEXAS WORKFORCE COMMISSION
Chapter 800.
GENERAL ADMINISTRATION
The Texas Workforce Commission (Commission) adopts an amendment to
Subchapter A. General Provisions, §800.2. Definitions; the repeal of §§800.51,
800.52, 800.58, and 800.61 and new §§800.51, 800.52, 800.58, 800.61,
800.71-800.75 for Subchapter B, Allocations and Funding; and the repeal of
Subchapter C. Reallocation of Funds, §§800.81 - 800.86. Section
800.2, §800.74 and §800.75 are adopted with changes to the proposed
rules as published in the June 29, 2001 issue of the
Texas Register
(26 TexReg 4836). The remaining sections are adopted
without changes and will not be republished.
The purposes of the changes are to reorganize the allocation and reallocation
rules; to streamline the rules by removing the Funds Utilization and Service
Level Report and Plan requirements; to focus on target expenditure levels,
performance data relating to allocations and funds; and to set forth methods
of examining expenditure levels and performance data as they relate to the
provision of workforce services and training.
The Commission's intent in removing the Funds Utilization and Service Level
Report and Plan is to respond to the needs and requests of local workforce
development boards (Boards). The Commission strives for a method of ensuring
that funds are fully utilized in the areas that are allocated those funds
based on the federal formulas or as otherwise permitted by state law to be
formula allocated using a need-based formula. The Funds Utilization and Service
Level Report and Plan were initially developed to permit Boards to plan service
delivery and related expenditures more carefully, yet provide a mechanism
for the Commission to evaluate such performance, deobligate and quickly redistribute
unexpended funds to areas of the state demonstrating the ability to provide
services more efficiently and effectively, using funds in a timely manner.
In implementing the Funds Utilization and Service Level Reports and Plans,
it is apparent that the plans and reports created additional administrative
burdens and hindered flexibility. The Commission intends to remove any reporting
or planning requirements that are not necessary. The Commission also seeks
to simplify processes, yet maintain a predictable schedule for the redistribution
of allocated monies.
In §800.2, under the definition of child care, the reference to Welfare-to-Work
formula grants was deleted because the Welfare-to-Work funds include some
state General Revenue funds as well as formula grant funds. A change to the
definition of WIA formula allocated funds or services and activities was made
to delete the reference to services and activities and to emphasize WIA funding
categories.
Section 800.58(f)(4) removes the requirement that Boards expend at least
4% of the Child Care and Development Funds for quality improvement activities,
in order to give Boards more flexibility in determining the use of funds.
Section 800.61(c) changes the provisions relating to state general revenue
funds for Welfare-to-Work to allow for more flexibility in the use of those
funds. Section 800.61(e) is removed.
The rules numbers are consolidated into one subchapter for Allocation,
Deobligation and Reallocation by renumbering §§800.81 - 800.86 as §§800.71-800.75.
In Section 800.81(b) the intent provision is moved to §800.51 to locate
the provision so it is apparent that it applies to allocation, deobligation
and reallocation.
Section 800.81 is renumbered as §800.71 and in subsection (b) the
language is removed that excepts Welfare-to-Work and Workforce Investment
Act (WIA) formula allocated funds, including Adult, Youth and Dislocated Worker
funds, from the intent section; it also streamlines the reference to WIA throughout
the applicable rules by referencing WIA Adult, Youth and Dislocated Workers
as "WIA formula allocated funds."
In §800.81(c) and throughout the rest of §800.81, changes are
made to shorten the references from WIA Adult, WIA Dislocated Worker and WIA
Youth to "WIA formula allocated funds" and remove unnecessary provisions relating
to (c) (2) exceptions to the scope of the rules.
Section 800.82 repeals the rule and merges the definitions of expenditures,
monthly expenditure report, and obligation into §800.52 and deletes the
remaining definitions of Funds Utilization and Service Level Plan, Program
year, and service level report.
Section 800.83 is renumbered as §800.72 and the planning requirement
related to the Funds Utilization and Service Level Reports is removed.
The provision regarding necessary revisions to the monthly expenditure
report is eliminated throughout.
Section 800.84 is renumbered as §800.73 and a provision is added encouraging
Boards to meet targeted expenditure levels to achieve appropriate levels of
services. Subsection (b), the provision relating to carryover funds for Child
Care, is eliminated and replaced with the provision that allows the Commission
to consider obligated funds in reviewing the Boards' compliance with target
expenditure levels as well as other factors necessary to evaluate performance
of the Board.
Section 800.85 is renumbered as §800.74 and changes from required
expenditure levels to target expenditure levels and allows the consideration
of a Board's justification of current and projected service levels and related
performance data in determining an amount of funding to deobligate. This section
is also changed to clarify the procedure for requesting voluntary deobligation
of funds and includes the notification of the designated chief elected officials
in the local workforce development area.
Section 800.86 is renumbered as §800.75 and paragraph (b) (1) is changed
from a requirement to utilize specific criteria to allow the Commission to
consider factors including targeted expenditure levels.
For purposes of this preamble, the term "Agency" refers to the daily operations
of the Texas Workforce Commission under the direction of the executive director,
and the term "Commission" refers to the three-member body of governance composed
of Governor-appointed members.
Background. The Commission is charged with ensuring accountability among
Boards and subrecipients of the Agency. Boards are charged with the oversight
and management of the services and activities of the One-Stop Service Delivery
Network. Specifically, Board and Commission goals reflect WIA goals: streamlining
services; empowering individuals; universal access; increased accountability;
strong role for Boards and the private sector; and state and local flexibility.
The four principles of Texas' vision are: limited and efficient state government;
local control; personal responsibility; and support for strong families.
Texas Government Code Chapter 2308, Texas Labor Code Title 4 and WIA have
imposed on Boards a number of duties and responsibilities for the administration
of Commission-funded activities, including maintaining adequate fiscal systems,
complying with the uniform rules for administration of grants and agreements,
meeting contract performance measures, and complying with all applicable state
and federal statutes and regulations.
The rules emphasize the relationship between the Commission and Boards
in assuring compliance with federal and state requirements through performance
reviews, technical assistance, and contract oversight and monitoring.
The Commission received comments from the following local workforce development
boards and one organization: The Coastal Bend Workforce Development Board,
the North Central Workforce Development Board, the Southeast Texas Workforce
Development Board, the Texoma Workforce Development Board, the West Central
Workforce Development Board and the Center for Public Policy Priorities.
Comment: Regarding Section 800.2, one commenter stated a positive comment
about the Food Stamp Employment & Training (E&T) program allocation
coinciding with the fiscal year as with other programs, making it more uniform.
Another commenter stated that changing the program year for Food Stamp E&T
from September 1 - August 31 to October 1 - September 30, would require that
Board programs will follow three non-aligned program years and that such a
system would require an inordinate amount of time and duplicative efforts
to develop partial-year budgets and contracts for program operators. The second
commenter suggested that the Commission not change the Food Stamp E&T
program year so that it will continue to align with the program years of the
Child Care, Choices, and Welfare-to-Work programs. The second commenter further
recommended that all programs follow a single program year, where allowed
by law.
Response: The Commission recognizes that the establishment of policies
that align workforce services across differing categorical populations and
different program years plays an important part in the full integration of
programs within the Texas Workforce Centers. The proposal to change the Food
Stamp E&T program year to align with the federal fiscal year was an attempt
to simplify the financial reporting requirements and ensure timely closeouts.
However, with the expansion of these services into currently unserved counties
and desire to align services more closely with other workforce services, including
Choices, the Commission agrees to change the rule to retain the current program
year designation of September 1 through August 31.
Comment: Regarding §800.58(f)(1), one commenter stated that sufficient
funds must be used for direct child care services to ensure Commission-approved
child care targets are met. The commenter stated that the proposed rule indicates
that the Board's primary responsibility in administering the Child Care program
is to ensure that adequate quantities of children are placed in care and that
quality initiatives are a secondary priority. While quality child care initiatives
are provided through such vehicles as the TWC Train Our Teachers (TOT) program,
the Board does not believe that such activities are adequate to address the
needs for quality child care in its local workforce development area. The
commenter said that local control of quality child care funds has allowed
the Board to establish quality activities such as Child Development Associate
training and providing technical assistance to child care providers adding
that quality, affordable child care is essential to the success of workforce
development programs and to the long-term economic health of the State, both
now and in years to come. The commenter further stated the Board's commitment
to developing local quality child care resources and urged TWC to continue
in efforts to secure additional quality child care funding. Another commenter
asked whether the performance targets for Boards would be raised if the Board
expended less than 4% of the Child Care funds on quality activities. In other
words, the commenter asked whether their Boards would be required to serve
more children per day if the Board chose to spend less than 4% on quality
activities.
Response: The Commission recognizes that child care represents an essential
support service for low-income, working parents and has taken every opportunity
to communicate that belief during the legislative process in order to provide
child care services to low-income parents and to continue activities that
promote quality care for children. In the General Appropriations Act, 77th
Legislature, Regular Session, funding levels were set and the Commission and
local workforce boards were instructed to ensure that direct child care services
were provided to an average of 107,744 children whose families are transitioning
from welfare to employment or working and determined to be at-risk. As a result,
the Commission eliminated the previous requirement that Boards expend at least
4% of their total child care allocation on quality activities, allowing Boards
to determine what amount is appropriate to expend on quality activities in
the workforce area while continuing to meet the area's performance target.
Boards may also choose to use the federal funds drawn down through local donations,
transfers and certifications to support quality initiatives.
Comment: Two commenters supported the elimination of the Fund Utilization
and Service Level Report and Plan requirements. Due to the on-going enhancement
of state and local financial and programmatic reporting systems, this additional
report added little value to performance management.
Response: The Commission appreciates the support and feedback from the
Boards regarding enhancement of the state and local financial and reporting
systems.
Comment: Regarding §800.73, one commenter recommended changing the
expenditure requirements in (a) (1), (2) and (3) as follows: (1) expenditure
level of 20% by the end of the 4th month; (2) expenditure level of 50% by
end of 8th month; and (3) at least 90% for child care for all board areas,
regardless of allocation size, 90% for Choices and 90% for WtW general revenue
funds. The recommendation was based on the concern that as funds vary from
one contract period to the next, it is highly desirable to ensure continuity
of service if funding levels decrease. The ability to carry forward up to
10% of the prior year allocation would allow Board areas to be proactive in
ensuring service, in the event of a funding decrease in the subsequent year.
Response: The Commission appreciates the Board's desire to reserve a cushion
of funds for use in tight budget years. However, steps by Congress and the
Legislature to evaluate the timely expenditure of funds and rescind or otherwise
remove spending authority provides clear indication that states and local
workforce boards must spend funds during the period for which the appropriation
was made, and minimize amounts to be carried forward into future budget periods.
Therefore, the Commission does not agree to change the expenditure amounts
listed in the rule.
Comment: Regarding § 800.74(d), one commenter stated appreciation
for the flexibility allowing for the voluntary deobligation of funds by a
board. Another commenter recommended that because funds are allocated to a
local workforce development area on behalf of its residents, the Commission
should require that any request for voluntary deobligation of funds be in
writing and include the signatures of both the board chair and the designated
chief elected official for the area seeking deobligation. The Commenter stated
that such oversight will ensure that the interests of local communities are
taken into account in as full a manner as possible.
Response: The Commission understands the commenter's concern about the
Board chairs and chief elected officials (CEOs) being involved in their local
workforce board's decisions regarding the use of allocated funds. The Commission
notes that state law establishes the duties of CEOs, and directs that they
determine among themselves how local resources are to be allocated within
the workforce area and how they are to be kept informed regarding workforce
development activities. The Commission believes that mechanisms already exist
to allow each area to include CEO approval of voluntary deobligations, if
desired by the local community. However, the Commission believes access to
such information is critical. As a result, the Commission will amend the rule
to require that the Board chair sign any written request to the Commission
for voluntary deobligation of funds from an area and that the Board chair
notify the designated CEO of that area concurrently with the notification
to the Commission.
Comment: Regarding §800.75(b)(1)(G), one commenter stated concern
about the re-obligation of funds and not being available to an area if the
board is under sanction. Some flexibility of these rules may allow an area
to meet performance and come out from under sanctions. Regarding § 800.75(b)(2)
and (3), one commenter recommended that item (1)(G) be included for these
sections as well, which requires that a Board not be under sanction to receive
reallocated funds.
Response: The Commission agrees that the Commission should consider other
factors including sanctions to determine eligibility for reallocations and
that the provisions in §800.75(b)(1) where applicable should relate to §800.75(b)(2)
and (b)(3). For that reason the Commission agrees to clarify the language
in (b)(2) and (b)(3) to reflect that the factors in (b)(1) also may be considered
in evaluating reallocations.
Comment: One commenter recognized that the Commission is striving to ensure
that workforce funds are fully utilized while holding true to Texas' vision
for local control and efficient State government, congratulated the Commission
on this endeavor, and supported the effort to simplify these processes while
maintaining a system for the timely redistribution of allocated funds.
Response: The Commission appreciates the continued relationship with the
Local Workforce Development Boards and the feedback received from the Boards
and the public regarding the proposed rules. After consideration of the comments,
the Commission does see a need to change the rules as a result of the comments.
For information about the Commission please visit our web page at www.texasworkforce.org.
Subchapter A. GENERAL PROVISIONS
40 TAC §800.2
The amendment is adopted under Texas Labor Code §§301.061
and 302.002, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The amendment affects Texas Labor Code, Chapter 302, and Texas Human Resources
Code, Chapters 31 and 44.
§800.2.Definitions
The following words and terms, when used in this Part 20, relating
to the Texas Workforce Commission, shall have the following meanings, unless
the context clearly indicates otherwise.
(1)
Agency--The unit of state government established under
Texas Labor Code Chapter 301 that is presided over by the Commission and administered
by the Executive Director to operate the integrated workforce development
system and administer the unemployment compensation insurance program in this
state as established under the Texas Unemployment Compensation Act, Texas
Labor Code Annotated, Title 4, Subtitle A, as amended. The definition of "Agency"
shall apply to all uses of the term in rules contained in this Part 20, or
unless otherwise defined, relating to the Texas Workforce Commission that
are adopted after February 1, 2001.
(2)
Allocation--The amount approved by the Commission for expenditures
during a specified period, according to specific state and federal requirements.
(3)
Board--A Local Workforce Development Board created pursuant
to Texas Government Code §2308.253 and certified by the Governor pursuant
to Texas Government Code §2308.261. This includes such a Board when functioning
as the Local Workforce Investment Board as described in the Workforce Investment
Act §117 (29 U.S.C.A. §2832), including those functions required
of a Youth Council, as provided for under the Workforce Investment Act §117(i).
The definition of "Board" shall apply to all uses of the term in the rules
contained in this Part 20, or unless otherwise defined, relating to the Texas
Workforce Commission that are adopted after February 1, 2001.
(4)
Child Care--Child care services funded through the Agency,
which may include services funded under the Child Care and Development Fund,
Welfare-to-Work, WIA, and other funds available to the Agency or a Board to
provide quality child care to assist families seeking to become independent
from, or who are at risk of becoming dependent on, public assistance while
parents are either working or participating in educational or training activities
in accordance with state and federal statutes and regulations.
(5)
Choices--The employment and training activities created
under §31.0126 of the Human Resources Code and funded under TANF (42
U.S.C.A. 601 et seq.) to assist persons who are receiving temporary cash assistance,
transitioning off, or at risk of becoming dependent on temporary cash assistance
or other public assistance in obtaining and retaining employment. Formerly
known as Job Opportunities and Basic Skills Training (JOBS).
(6)
Commission--The body of governance of the Texas Workforce
Commission composed of three members appointed by the Governor as established
under Texas Labor Code §301.002 that includes one representative of labor,
one representative of employers and one representative of the public. The
definition of "Commission" shall apply to all uses of the term in rules contained
in this Part 20, or unless otherwise defined, relating to the Texas Workforce
Commission that are adopted after February 1, 2001.
(7)
Core Outcome Measures--Workforce development services performance
measures adopted by the Governor and developed and recommended through the
Texas Council on Workforce and Economic Competitiveness (TCWEC). The Core
Outcome Measures have been adjusted to allow for a follow-up period of six
months in lieu of the one-year period established by TCWEC.
(8)
Executive Director--The individual appointed by the Commission
to administer the daily operations of the Agency, which may include a person
delegated by the Executive Director to perform a specific function on behalf
of the Executive Director.
(9)
Food Stamp Employment and Training (FSE&T) Activities--The
activities authorized and engaged in as specified by federal Food Stamp Employment
and Training statutes and regulations (7 U.S.C.A. 2011), and Chapter 813 of
this title relating to Food Stamp Employment and Training.
(10)
One-Stop Service Delivery Network--A one-stop-based network
under which entities responsible for administering separate workforce investment,
educational and other human resources programs and funding streams collaborate
to create a seamless network of service delivery that shall enhance the availability
of services through the use of all available access and coordination methods,
including telephonic and electronic methods. Also referred to as the Texas
Workforce Network.
(11)
Performance Measure--An expected performance outcome or
result.
(12)
Performance Standard--A contracted numerical value setting
the acceptable and expected performance outcome or result to be achieved for
a performance measure, including Core Outcome Measures.
(13)
Program Year--The twelve-month period applicable to the
following as specified:
(A)
Child Care: September 1--August 31;
(B)
Choices: September 1--August 31;
(C)
Welfare-to-Work: September 1--August 31;
(D)
Food Stamp Employment and Training: September 1--August
31; and
(E)
WIA Adult, Dislocated Worker, and Youth: July 1--June 30.
(14)
TANF--Temporary Assistance for Needy Families, which may
include temporary cash assistance and other temporary assistance for eligible
individuals, as defined in the Personal Responsibility and Work Opportunities
Reconciliation Act of 1996, as amended (7 U.S.C.A. §201.1 et seq.) and
the Temporary Assistance for Needy Families statutes and regulations. (42
U.S.C.A. §601 et seq., 45 C.F.R. Parts 260-265) Formerly named Aid to
Families with Dependent Children (AFDC).
(15)
TCWEC--Texas Council on Workforce and Economic Competitiveness
appointed by the Governor pursuant to Texas Government Code §2308.052
and functioning as the State Workforce Investment Board (SWIB), as provided
for under the Workforce Investment Act §111(e) (29 U.S.C.A. §2821(e)).
In addition, pursuant to the Workforce Investment Act §194(a)(5) (29
U.S.C.A. §2944(a)(5)), TCWEC maintains the duties, responsibilities,
powers and limitations as provided in Texas Government Code §§2308.101-2308.105.
(16)
Texas Workforce Center Partner--an entity which carries
out a workforce investment, educational or other human resources program or
activity, and which participates in the operation of the One-Stop Service
Delivery Network in a local workforce development area consistent with the
terms of a memorandum of understanding entered into between the entity and
the Board.
(17)
WIA--Workforce Investment Act, Public Law 105-220, 29
U.S.C.A. §2801
et seq.
References to
WIA include references to WIA formula allocated funds unless specifically
stated otherwise.
(18)
WIA formula allocated funds--funds allocated by formula
to local workforce development areas for each of the following separate categories
of funding: WIA Adult, Dislocated Worker and Youth (excluding the Secretary's
and Governor's reserve funds and rapid response funds).
(19)
Local Workforce Development Area--Workforce development
areas designated by the Governor pursuant to Texas Government Code §2308.252
and functioning as a Local Workforce Investment Area, as provided for under
the Workforce Investment Act §116 and §189(i)(2) (29 U.S.C.A. §§2831
and 2939). Also referred to as workforce area.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on August 14, 2001.
TRD-200104682
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §§800.51, 800.52, 800.58, 800.61
The repeal is adopted under Texas Labor Code §§301.061
and 302.002, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The repeal affects Texas Labor Code, Chapter 302, and Texas Human Resources
Code, Chapters 31 and 44.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104683
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §§800.51, 800.52, 800.58, 800.61, 800.71 - 800.75
The new rules are adopted under Texas Labor Code §§301.061
and 302.002, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The new rules affect Texas Labor Code, Chapter 302, and Texas Human Resources
Code, Chapters 31 and 44.
§800.74.Deobligation of Funds
(a)
For deobligation of Child Care (excluding unmatched federal
Child Care funds that are contingent upon a Board securing local funds), Choices,
Welfare-to-Work general revenue funds, and Food Stamp Employment and Training
funds, the Commission may, for the category of funding:
(1)
deobligate all or part of the difference between a Board's
actual expenditure level and the target expenditure level described in §800.73(a)
and (b) of this subchapter, relating to Expenditure, Local Match and Obligation
Levels, as applicable for each category of funding for that period; and
(2)
consider a Board's justification of current and projected
service levels and related performance data in determining to deobligate.
(b)
For deobligation of unmatched federal Child Care funds
that are contingent upon a Board securing local funds, the Commission may
deobligate, at any time following the fourth month of the program year, all
or part of the difference between a Board's actual level of secured and completed
match and the level of performance that is required as described in §800.73(c)
of this subchapter, relating to Expenditure, Local Match, and Obligation Levels.
(c)
For deobligation of WIA formula allocated funds for each
separate category of funds related to WIA Adult, Dislocated Worker and Youth,
the Commission shall deobligate funds from each of these categories of funding
as follows:
(1)
after the end of the twelfth month following the beginning
of a program year, any unobligated funds which exceed 20% of the allocation
for each category of WIA formula allocated funds for that program year, less
any amount reserved up to 10% for costs of administration; and
(2)
after the end of the 24th month following the beginning
of a program year, any unexpended funds of the program year allocation for
each category of WIA formula allocated funds.
(d)
For voluntary deobligation, a Board may submit a written
request that the Commission deobligate a portion of the workforce area's allocation
for one or more categories of funding. The Board chair must sign the written
request and concurrently notify the designated chief elected official of the
workforce area of the written request for the deobligation of funding.
§800.75.Reallocation of Funds
(a)
Reallocation.
(1)
For reallocation of Child Care, including unmatched federal
funds that are contingent upon a Board securing local funds, Choices, Welfare-to-Work
general revenue funds, and Food Stamp Employment and Training funds, the Commission
may reallocate funds to an eligible workforce area based on the applicable
allocation method set forth in this subchapter and may modify the amount to
be reallocated by considering the following:
(A)
the amount specified in the Board's written request for
additional funds;
(B)
the ability of the Board to expend funds to address the
need for services in the workforce area;
(C)
Board performance during the prior program year; and
(D)
related factors as necessary to ensure that funds are fully
utilized.
(2)
For WIA formula fund allocations, the Commission shall
reallocate funds as provided in WIA §§128 and 133.
(b)
Eligibility.
(1)
For a workforce area to be eligible for a reallocation
of Child Care (excluding unmatched federal funds that are contingent upon
a Board securing local funds), Choices, Welfare-to-Work general revenue funds,
and Food Stamp Employment and Training funds, the Commission may consider
whether a Board:
(A)
has met targeted expenditure levels as required by §800.73(a)
and (b) of this subchapter, as applicable, for that period;
(B)
has not expended more than 100% of the workforce area's
allocation for the category of funding;
(C)
has demonstrated that expenditures conform to cost category
limits for funding;
(D)
has demonstrated the need for and ability to use additional
funds;
(E)
is current on expenditure reporting;
(F)
is current with all single audit requirements; and
(G)
is not under sanction.
(2)
For a workforce area to be eligible for a reallocation
of unmatched federal Child Care funds that are contingent upon a Board securing
local funds, the Commission may consider whether a Board has met the level
for securing and completing local match requirements set out in §800.73(c)
of this subchapter, relating to Expenditure, Local Match, and Obligation Levels.
The Commission may also consider the factors listed in paragraph (1) of this
section that apply, including factors referenced in subparagraphs (B) -(G).
(3)
For a workforce area to be eligible for a reallocation
of WIA formula allocated funds, the Commission may consider whether a Board
has met the obligation or expenditure requirement for the applicable category
of WIA formula allocated funds applicable to the program year. The Commission
may also consider the factors listed in paragraph (1) of this section that
apply, including factors referenced in subparagraphs (B) - (G).
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104680
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §§800.81 - 800.86
The repeal is adopted under Texas Labor Code §§301.061
and 302.002, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The repeal affects Texas Labor Code, Chapter 302, and Texas Human Resources
Code, Chapters 31 and 44.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104681
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
The Texas Workforce Commission (Commission) adopts amendments to Subchapter
A. General Provisions, §809.2; Subchapter B. General Management Requirements, §809.20
and §809.15; Subchapter G. Child Care for People Transitioning off Public
Assistance, §809.103 and §809.105; and Subchapter K. Funds Management, §§809.221
and 809.225, relating to child care services with changes to the proposed
text as published in the June 29, 2001 issue of the
Texas Register
(26 TexReg 4848). The Commission adopts amendments to
Subchapter A. General Provisions, §809.1; the repeal of Subchapter A.
General Provisions, §809.5; amendments to Subchapter B. General Management
Requirements, §809.11 and §809.14; Subchapter C. Requirements to
Provide Child Care, §§809.43, 809.46-809.48; Subchapter D. Self-Arranged
Care, §809.61; Subchapter G. Child Care for People Transitioning off
Public Assistance, §809.101, §809.102 and §809.104; the repeal
of Subchapter I. Child Care Training Center Pilot Programs, §§809.171-809.174;
and amendments to Subchapter K. Funds Management, §809.231 and §809.233
without changes to the proposed text. These rules will not be republished.
The purposes of amending the rules are to offer clarification of priorities
for service, adjust the parent's share of cost provision, incorporate the
new Texas Rising Star provider identity for Designated Vendors, which includes
higher reimbursement rates, and remove unnecessary provisions.
The rule amendments continue to require placing eligible Choices, Transitional
or Texas Workforce Applicants' children into care. However, the rule amendments
make clear that if necessary, due to the limitation of funds, a child's care
may be discontinued to ensure that the statutory and regulatory priorities
receive child care services. Therefore, a Board must ensure that policies
are in place for discontinuing child care services for families that are other
than Choices, Transitional, or Texas Workforce Applicants if funding is limited.
The amendments ensure that funds are used for low-income families who are
working or are in training or educational activities and who must receive
child care services to assist them in becoming self-sufficient.
The exemption to the parent's share of cost provision relating to Temporary
Assistance for Needy Families (TANF) is changed to an exemption for Choices
participants. The purpose for the rule change is to provide for the exemption
from paying a parent's share of cost for persons participating in the Choices
services or activities who are working, in training or in an education activity.
The intent of the rule change is to encourage parents to voluntarily participate
in Choices if they are still receiving TANF, thus making them eligible for
a broader range of services and further assisting them in becoming self-sufficient.
TANF recipients who are not mandatory or voluntary participants in a Choices
service or activity will be responsible for paying the parent's share of cost
as determined by the Board.
The rule amendments also remove the parent's share of cost exemption for
Supplemental Security Income (SSI) recipients to provide for the exemption
from the parent's share of cost to apply only to Choices participants.
The rule amendments replace the Designated Vendor title with the new Texas
Rising Star provider identity. This title has been established in coordination
with local Boards and contractors and more accurately describes the higher
quality of care that is found in these facilities. In addition, the rule amendments
incorporate references to the statutory change resulting from House Bill 3333,
76th Legislature, Regular Session (1999), which put into place a minimum five
percent increase in the reimbursement rate for Designated Vendor (Texas Rising
Star) providers as long as the rate does not exceed the published rate and
incorporated a provision that each Board shall establish graduated reimbursement
rates for child care based on the Texas Workforce Commission's Designated
Vendor program. Specifically, the bill required that the reimbursement rate
for Designated Vendors must be at least five percent greater than the maximum
rate established for nondesignated vendors for the same category of care and
that the Designated Vendor rate differential shall be funded with the federal
Child Care and Development Funds (CCDF) dedicated to quality improvement activities.
The rule amendments remove certain portions of the rules that are obsolete
or have expired, such as the child care training center pilot programs.
For purposes of this preamble, the term "Agency" refers to the daily operations
of the Texas Workforce Commission under the direction of the executive director,
and the term "Commission" refers to the three-member body of governance composed
of Governor-appointed members.
In §809.1, subsection (b), the word "or" replaces the word "and".
Also, in section (b), the phrase "continues to" is deleted, and the word "administer"
is changed to plural form.
In §809.2, paragraphs (1) and (2), the definitions regarding the Board
and Child Care are redefined which are consistent with §800.2. Changes
have been made to paragraph (2) clarification purposes regarding the role
of the Commission.
Section 809.5. Child Care State Advisory Committee is repealed in its entirety.
In §809.14, paragraph (3) of subsection (a), the phrase "Designed
Vendor standards of" is replaced by the phrase "Texas Rising Star criteria
as established by." In addition, the phrase "(formerly known as the Designated
Vendor criteria)" is appended to the end of subsection (b). In subsection
(d), the phrase "Designated Vendor" is replaced by the phrase "Texas Rising
Star Provider."
In §809.15, subsection (b), the phrase "Designated Vendor criteria"
is replaced by the phrase "Texas Rising Star Provider criteria." In addition,
the phrase "(formerly known as the Designated Vendor criteria)" is appended
to the end of subsection (b). In subsection (d), the phrase "Designated Vendor"
is replaced by the phrase "Texas Rising Star Provider."
In §809.20, subsection (f), changes have been made for clarification
purposes.
In §809.46, subparagraph (B) of paragraph (2) of subsection (a), the
sentence was removed, and the subsequent subsections were renamed appropriately.
In §809.61, a new subsection (c) was inserted between subsection (b)
and subsection (c). All subsections following the new subsection (c) were
renamed appropriately.
In §809.103, subsection (c), the phrase "one year" was replaced by
the phrase "12 months or until the family reaches the Board's income limit
for eligibility, whichever occurs first. Subject to the availability of funds
and the continuing employment of the parent(s), children who are otherwise
eligible for at-risk child care and whose time limit for Applicant child care
has expired, may be continued in care subject to the Board's policies for
at-risk child care. At-risk care includes eligibility under any provision
contained in Subchapter H of this title relating to Children of Parents At-Risk
of Becoming Dependent on Public Assistance."
In §809.105, changes were made to clarify TDPRS Child Care.
Subchapter I. Child Care Training Center Pilot Programs is repealed in
its entirety.
§809.221 was reworded entirely for clarification purposes.
In §809.225, subsection (c), the phrase "if eligible to receive care
based on other eligibility criteria or if the Texas Department of Protective
and Regulatory Services (TDPRS) or its case worker indicates that the child
is in need of protective services." was replaced by the phrase "if the children
are otherwise eligible under the Board's child care policies and meet the
minimum requirements for eligibility set forth in the federal regulations,
and if it does not result in removing another child from care. Children Needing
to Receive Child Protective Services (CPS) referred by a TDPRS CPS worker
that are no longer funded through TDPRS shall remain in care for the period
of time determined appropriate by TDPRS. The provision of care shall not exceed
six months and shall not result in another child being removed from care.
In addition, the entire subsection (d) was deleted. Changes were made to these
subsections to clarify TDPRS Child Care.
In §809.231, a new subsection (b) was added, subsequent subsections
were renamed appropriately, and a new subsection (e) was added.
In§809.233, paragraph (1), each phrase stating "parent fees" was replaced
by the phrase "parent's share of costs."
The Commission received comments on the rules from five commenters, which
included:
the Alamo Workforce Development Board,
the Coastal Bend Workforce Development Board,
the North Central Workforce Development Board,
the Southeast Workforce Development Board, and
the West Central Workforce Development Board.
The commenters expressed support for the rules and one commenter asked
questions related to the rules. The comment summaries and the responses are
as follows:
Comment: Regarding §809.46, Assessing and Collecting Parent's Share
of Cost, one commenter stated appreciation for the flexibility to review and
assess families for the parent's share of cost. The commenter also stated
that the proposed rule will provide the Board with the latitude of evaluating
and determining any policy changes of assessing parent's share of cost to
others if the financial circumstances require such action and that the parent's
share of cost is one tool to assist the families in assuming the parental
responsibilities that are a part of self-sufficiency.
The Commission agrees with the commenter's statements and appreciates the
feedback on the proposed changes to the rules.
Comment: Regarding §809.105, one commenter recommended that if continued
coordination with TDPRS is required, Boards should be able to count these
children in the Board's performance measures.
Response: The Commission agrees that any child care services for former
TDPRS children paid for out of the Commission's child care allocation to the
local workforce development areas should be counted in the Board's performance
measures. However, the performance targets stipulated by the Legislature for
the Commission and Boards currently are based on the child care funds allocated
by the Commission, which reflects the average number of children in care and
excludes children receiving child care services funded by TDPRS.
Comment: Regarding §809.225, one commenter questioned why the TDPRS
children should be given priority over other children in care, especially
in the light of the demands for funds resulting from the expected increase
in the number of Choices clients needing child care. The commenter explained
that if the TDPRS refers a child to an open slot and fills that slot and then
the following week a Choices eligible child needs care, there are no more
available slots because the TDPRS child is filling that slot. Regarding §809.225(c),
another commenter stated that it was not clear whether former TDPRS children
will need to meet income guidelines as a requirement for receiving care.
Response: The Commission acknowledges that there are concerns regarding
which children receive priority care. However, the Commission intends that,
consistent with the Federal CCDF regulations at 45 CFR 98.44, children with
special needs are given priority for care. Specifically, children needing
protective services are included in the definition of "children with special
needs" as reflected in the State's CCDF Plan. As §809.221 stipulates,
TDPRS children that were formerly funded by TDPRS, who have been determined
on a case-by-case basis by TDPRS to need protective services related child
care (former TDPRS children needing protective services related child care)
are in the second tier of priority and do not take precedence over children
eligible for Choices and Transitional child care. TDPRS children that were
formerly funded by TDPRS which have not been determined by TDPRS to need protective
services related child care (former TDPRS funded children not needing protective
services related child care) are not included in this priority; however, such
children may be eligible for care as at-risk care. Sections 809.221 and 809.225
both indicate that continuing former TDPRS children determined to need protective
services related child care after the children are no longer eligible for
TDPRS funding is contingent on not requiring that another child be removed
from care. Beyond those provisions, the Board is able to set further priorities
related to former TDPRS children not determined to need protective services
related child care.
Comment: Regarding §809.221(a)(2), one commenter recommended that
in order to enhance the funds allocation flexibility to the Boards, it would
be more feasible to allow Boards to set up priority groups to address local
needs and the commenter agreed that Choices Child Care be listed as 1, Transitional
Child Care listed as 2, Workforce Orientation for Applicants listed as 3 along
with at risk, teen parents and children with disabilities. Regarding §809.103
and §809.221, another commenter stated that clarification is appreciated
on the listing of priorities as well as the addition of TDPRS children in
the second priority.
Response: The State and federal welfare reform work requirements demand
that priority for child care services be given to parents participating in
Choices activities. A reference to the Choices Child Care in state law may
be found at Texas Human Resources Code Section 31.012(e) and is included in
Child Care rules at Section 809.102. State law further establishes Transitional
Child Care as a priority pursuant to Human Resources Code Section 31.0035(e).
This priority is specified in the Child Care rules at 40 TAC §809.101.
The Commission's own rules established Workforce Orientation Applicant (WOA)
Child Care as a priority in order to provide assistance to parents to enable
them to support themselves and their children. Child Care services may help
parents continue working or attending school or training; thus saving time-limited
benefits for the future. The Commission rule at 40 TAC §809.103 sets
forth the provisions relating to Texas Workforce Applicant Child Care.
The priority for TDPRS children is a requirement as referenced in the Federal
CCDF regulation at 45 CFR §98.44, which requires that children with special
needs be given priority for care. "Children with Special Needs" as defined
in the State's CCDF Plan, includes children needing protective services that
were formerly funded by TDPRS and which TDPRS has on a case-by-case basis
determined that the child needs protective services related Child Care.
Because of the statutory and policy rationale for the particular priorities
as set forth in this response, the Commission does not see a need to move
the priority for Texas Workforce Applicants to a lower priority. Once the
referenced priorities are served, the Commission intends that Boards may exercise
local flexibility to establish other priority groups for child care services
such as priorities for children in at-risk families, teen parents, and children
with disabilities.
Comment: Regarding §809.231(b), one commenter stated that the Texas
Rising Star providers have expressed concern about not being able to receive
higher payments as a result of providing higher quality care because their
published rate is under the Board's maximum rate. Private pay families force
the provider's published rate to stay lower. The commenter suggested that
the Commission might allow the payment of 5 percent over the published rate
but not to exceed the Board's maximum rates, affecting more providers operating
at lower rates.
Response: House Bill 3333, 76th Legislature, Regular Session (1999), which
put into place a minimum five percent increase in the reimbursement rate for
Texas Rising Star providers as long as the rate does not exceed the published
rate and incorporated a provision that each Board shall establish a graduated
reimbursement rate for child care based on the Texas Workforce Commission's
Designated Vendor (Texas Rising Star) program. Specifically, the bill required
that the reimbursement rate for Designated Vendors (Texas Rising Star Providers)
must be at least five percent greater than the maximum rate established for
nondesignated vendors for the same category of care and that the designated
vendor rate differential shall be funded with the federal CCDF dedicated to
quality improvement activities. The Boards have the flexibility to set maximum
rates consistent with the Commission's rule at §809.231 regarding Provider
Reimbursement Rates. The financial management reporting requirements dictate
that the State may not pay more than the published or market rate for a service.
Comment: One commenter expressed appreciation for the changes to the rule
that provide exemption for Choices participants rather than TANF recipients
from the co-payment process because the commenter believes that this change
will encourage individuals to voluntarily participate in the Choices program.
The commenter also stated that the Commission has done well in eliminating
unnecessary parts of the rule and adding local flexibility when possible.
Response: The Commission appreciates the support of and input from the
Boards in commenting on the rules and providing valuable feedback to assist
the Commission in setting policies designed to help working parents obtain
and retain a job.
After consideration of the comments received and for the reasons stated,
the Commission agrees to make some changes to the proposed language at this
time.
For information about the Commission please visit our web page at www.texasworkforce.org.
Subchapter A. GENERAL PROVISIONS
40 TAC §809.1, §809.2
The rule amendments are adopted under Texas Labor Code §§301.061
and 302.002, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The rules affect Texas Labor Code, Chapter 302, and Texas Human Resources
Code, Chapters 31 and 44.
§809.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Board--A Local Workforce Development Board created pursuant
to Texas Government Code §2308.253 and certified by the Governor pursuant
to Texas Government Code §2308.261. This includes such a Board when functioning
as the Local Workforce Investment Board as described in the Workforce Investment
Act §117 (29 U.S.C.A. §2832), including those functions required
of a Youth Council, as provided for under the Workforce Investment Act §117(i).
The definition of "Board" shall apply to all uses of the term in the rules
contained in this Part 20, or unless otherwise defined, relating to the Texas
Workforce Commission that are adopted after February 1, 2001.
(2)
Child Care--Child care services funded through the Commission,
which may include services funded under the Child Care and Development Fund,
Welfare-to-Work, WIA, and other funds available to the Commission or a Board
to provide quality child care to assist families seeking to become independent
from, or who are at risk of becoming dependent on public assistance while
parents are either working or participating in educational or training activities
in accordance with state and federal statutes and regulations.
(3)
Commission--The Texas Workforce Commission.
(4)
Grant Recipient--The entity approved by the Commission
under Texas Government Code §2308.263.
(5)
Local workforce development area--The designated geographic
area for which a Board provides services funded through the Commission, pursuant
to Texas Government Code §2308.252.
(6)
Parent--An individual responsible for the care and supervision
of the child identified as the child's natural parent, adoptive parent, stepparent,
or legal guardian.
(7)
Provider--A person or entity that meets the minimum qualifications
as set forth in this chapter for providing child care funded through the Commission.
Unless specifically stated otherwise, the term "provider" does not refer to
a self-arranged provider.
(8)
Self-arranged provider--A person or entity that meets the
minimum qualifications for providing self-arranged child care as set forth
in this chapter.
(9)
TANF--Temporary Assistance for Needy Families provided
for under the federal Personal Responsibility and Work Opportunity Reconciliation
Act and the Temporary Assistance for Needy Families block grant statutes and
regulations, as amended.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on August 14, 2001.
TRD-200104688
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §809.5
The rule is repealed under Texas Labor Code §§301.061
and 302.002, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The repeal affects Texas Labor Code, Chapter 302, and Texas Human Resources
Code, Chapters 31 and 44. Subchapter A. General Provisions
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104687
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §§809.11, 809.14, 809.15, 809.20
The rule amendments are adopted under Texas Labor Code §§301.061
and 302.002, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The rules affect Texas Labor Code, Chapter 302, and Texas Human Resources
Code, Chapters 31 and 44.
§809.15.Quality Improvement Activities.
(a)
A Board shall ensure that providers receive orientation,
technical assistance, and ongoing training to improve the quality of child
care.
(b)
A Board shall ensure that the quality of child care is
improved by recognizing providers who voluntarily exceed the minimum regulatory
standards set by the Texas Department of Protective and Regulatory Services
by using the Texas Rising Star Provider criteria (formerly known as the Designated
Vendor criteria) as established by the Commission.
(c)
A Board shall ensure that the quality of child care is
improved by using quality improvement activities including, but not limited
to, the activities described in 45 Code of Federal Regulations §98.51,
except the Boards may not provide loans.
(d)
In addition to the Texas Rising Star Provider criteria,
a Board may establish other voluntary criteria for improving quality and recognize
providers that meet or exceed the voluntary standards for quality.
(1)
The quality improvement criteria may include, but are not
limited to one or more of the following activities:
(A)
reducing group sizes;
(B)
improving health and safety conditions;
(C)
improving linkage to parents and community services; or
(D)
improving teacher training.
(2)
Boards may also choose to recognize professional accreditation
as a means to improve quality.
§809.20.Leveraging Local Resources.
(a)
Leveraging Local Funds. The Commission encourages Boards
to secure local public and private funds for match to the extent possible
to leverage all available resources for child care needs in the community.
(1)
A Board may secure local funds for match in the form of
one or more of the methods in order to leverage (match) against federal funds
available through the Commission:
(A)
donations of funds from a private entity;
(B)
transfers of funds from a public entity; or
(C)
certifications of expenditures by a public entity that
represent expenditures eligible for federal match.
(2)
A Board's performance in securing and leveraging local
funds for match may make the Board eligible for incentive awards.
(b)
Securing Local Funds to Access Federal Matching Funds from
the Commission.
(1)
A Board shall manage the securing of funds, including the
selection of pledged and completed donations, transfers, and certifications
that are used by the Board to receive federal matching funds through the Commission.
(2)
A Board shall ensure that federal matching funds are maximized
by securing local funds for match in an amount that may exceed the amount
required to match available federal funds.
(c)
Documenting Pledged Donations, Transfers and Certifications.
A Board shall maintain written documentation of pledged donations, transfers
and certifications that contain, at a minimum, the following:
(1)
the signature of the representative of the Board;
(2)
the signature of the potential contributor;
(3)
the potential contributor's commitment to fulfill the pledge
of the donation, transfer or certification by paying or certifying the funds
to the Commission for use in a specific workforce area on a set payment or
certification schedule;
(4)
the Board's commitment to use the donated or transferred
funds as requested by the contributor, as long as it is consistent with federal
regulations at 45 CFR §98.53; and
(5)
sufficient information to determine that the funds will
be used in a manner consistent with 45 CFR §98.53.
(d)
Submitting Pledged Donations, Transfers and Certifications
for Acceptance by the Commission. A Board shall submit pledged donations,
transfers, and certifications to the Commission for acceptance.
(e)
Completing Donations, Transfers and Certifications.
(1)
A Board shall ensure that donations of cash and transfers
of funds are paid to the Agency and that certifications are also submitted
to the Agency.
(2)
Donations and transfers are considered complete to the
extent that the funds have been paid to the Agency.
(3)
Certifications are considered complete to the extent that
a signed written instrument is delivered to the Agency that reflects that
the public entity has expended a specific amount of funds on eligible child
care services.
(f)
Reporting. A Board shall report information relating to
pledged and completed donations, transfers and certifications as referenced
in subsections (d) and (e) of this section and §800.72. Reporting Requirements.
(g)
Monitoring. A Board shall monitor the funds secured for
match and the expenditure of any resulting funds to ensure that expenditures
of unmatched federal funds available through the Commission do not exceed
an amount that corresponds to the donations, transfers, and certifications
that are completed by the end of the program year.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104686
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §§809.43, 809.46 - 809.48
The rule amendments are adopted under Texas Labor Code §§301.061
and 302.002, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The rules affect Texas Labor Code, Chapter 302, and Texas Human Resources
Code, Chapters 31 and 44.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104685
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §809.61
The rule amendment is adopted under Texas Labor Code §§301.061
and 302.002, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The rule affects Texas Labor Code, Chapter 302, and Texas Human Resources
Code, Chapters 31 and 44.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104684
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §§809.101 - 809.105
The rule amendments are adopted under Texas Labor Code §§301.061
and 302.002, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The rules affect Texas Labor Code, Chapter 302, and Texas Human Resources
Code, Chapters 31 and 44.
§809.103.Workforce Orientation Applicant Child Care.
(a)
Children are eligible for Applicant Child Care if their
parents meet the criteria for eligibility of children living at low incomes,
as detailed in §809.121 of this chapter, (relating to Children Living
At Low Incomes), and meet all of the following criteria:
(1)
need child care to accept employment;
(2)
receive a referral from the Texas Department of Human Services
to attend a Workforce Orientation for Applicants; and
(3)
locate employment prior to TANF certification.
(b)
To receive Applicant Child Care, parents shall not have
voluntarily terminated paid employment of at least 30 hours a week within
30 days prior to receiving the referral from the Texas Department of Human
Services to attend a Workforce Orientation for Applicants, unless the voluntary
termination was for good cause connected with the parent's work.
(c)
Subject to the availability of funds and the continued
employment of the parent(s), Applicant Child Care shall be provided for up
to 12 months or until the family reaches the Board's income limit for eligibility,
whichever occurs first. Subject to the availability of funds, children who
are otherwise eligible for at-risk child care and whose time limit for Applicant
child care has expired, may be continued in care subject to the Board's policies
for at-risk child care. At-risk care includes eligibility under any provision
contained in Subchapter H. of this title relating to Children of Parents at
Risk of Becoming Dependent on Public Assistance.
§809.105.Children Receiving or Needing Protective Services.
(a)
A Board shall ensure that determinations of eligibility
for children needing protective services are performed by the Texas Department
of Protective and Regulatory Services (TDPRS). Child care continues as long
as authorized and funded by the TDPRS.
(b)
In closed TDPRS Child Protective Services cases (TDPRS
cases) where child care is no longer funded by the TDPRS, the following shall
apply:
(1)
Former TDPRS Children Needing Protective Services Related
Child Care. Regardless of whether the family meets the income eligibility
requirements of the Board or is working, or in an education or training activity,
if the TDPRS determines on a case-by-case basis that the child continues to
need protective services and child care is integral to that need, then the
Board shall continue the child care by using other funds, including funds
received through the Commission, for the child care slot for up to six months
after the TDPRS case is closed; and
(2)
Former TDPRS Children Not Needing Protective Services Related
Child Care. If the family meets income eligibility requirements of the Board
and if the TDPRS does not state on a case-by-case basis that the child continues
to need protective services or child care is not integral to that need, then
the Board may provide care subject to the availability of funds. To receive
care under this paragraph (2) of this subsection, the parent must be working,
or in a training or education activity.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104689
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §§809.171 - 809.174
The rules are repealed under Texas Labor Code §§301.061
and 302.002, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The repeal affects Texas Labor Code, Chapter 302, and Texas Human Resources
Code, Chapters 31 and 44.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104690
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §§809.221, 809.225, 809.231, 809.233
The rule amendments are adopted under Texas Labor Code §§301.061
and 302.002, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The rules affect Texas Labor Code, Chapter 302, and Texas Human Resources
Code, Chapters 31 and 44.
§809.221.General Funds Management.
Boards shall ensure that resources are proportionately allocated among
the following priority groups so that child care services are assured for
the first priority group, and then subject to the availability of funds, the
remaining priorities in descending order are served.
(1)
The first priority group includes children of parents eligible
for the following:
(A)
Choices Child Care as referenced in 809.102; and
(B)
Transitional Child Care as referenced in 809.101.
(2)
The second priority group includes:
(A)
children of parents eligible for Workforce Orientation
Applicant Child Care; and
(B)
children who need to receive protective services related
child care as referenced in §809.105(b)(1) of this Chapter.
(3)
The third priority group includes any other priority adopted
by the Board, which may include but is not limited to:
(A)
teen parents;
(B)
children with disabilities; or
(C)
other persons at risk of becoming dependent on public assistance
that meet the income eligibility level as determined by the Board.
§809.225. Continuity of Care.
(a)
General Principle. Enrolled children shall receive child
care as long as the parent remains eligible for any available source of Commission-funded
child care except as otherwise provided under subsection (b) of this section.
(b)
Exceptions. Nothing in this chapter shall be interpreted
in a manner as to result in a child being removed from care, except when removal
from care is required for child care to be provided to a child of parents
eligible for one or more of the following types of priority child care:
(1)
Choices Child Care under §809.102 of this Chapter,
(2)
Transitional Child Care under §809.101 of this Chapter,
or
(3)
Workforce Orientation Applicant Child Care under §809.103
of this Chapter.
(c)
Former Texas Department of Protective and Regulatory Services
(TDPRS) children as referenced in §809.105(b)(1) of this Chapter shall
also continue receiving child care funded through the Commission for the period
chosen by TDPRS, which shall not exceed six months, so long as it does not
result in another child being removed from care.
(d)
Former TDPRS children as referenced in §809.105(b)(2)
of this Chapter may continue receiving child care funded through the Commission
if it does not result in removing another child from care.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104691
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
The Texas Workforce Commission (Commission) adopts the repeal of Chapter
813, Subchapter A. General Provisions, §813.1 and §813.2; Subchapter
B. Expenditure of Funds, §§813.11-813.14; Subchapter C. Allowable
Activities for Participants, §§813.21-813.23; Subchapter D. Support
Services for Participants, §§813.31-813.33; Subchapter E. Complaints
and Appeals, §§813.41-813.43; and new Chapter 813, Subchapter A.
General Provisions, §§813.1-813.3; Subchapter B. Access to Employment
and Training Activities and Support Services, §813.11 and §813.12;
Subchapter C. Expenditure of Funds, §813.22; Subchapter D. Allowable
Activities, §813.31 and §813.32; Subchapter E. Support Services
for Participants, §813.41; and Subchapter F. Complaints and Appeals, §§813.51-813.53,
without changes as published in the June 29, 2001 issue of the
Texas Register
(26 TexReg 4856). The rules will not be republished.
The purposes of the repeal and new rules are to support the expansion of
Food Stamp Employment and Training (E&T) activities and support services
statewide by aligning Food Stamp E&T, Choices, work search and complementary
requirements associated with Unemployment Insurance, and other work-related
services through the Texas Workforce Network, and to provide more flexibility
to assist Boards in the integration of Food Stamp E&T activities and support
services into the Texas Workforce Centers as set forth in 40 TAC Chapter 801
Subchapter B relating to the Texas Workforce Center Network. The purpose of
the new rules is also to more clearly state the role of the Boards in the
oversight and management of the delivery of Food Stamp E&T activities
and support services.
Subchapter A sets out the General Provisions. Section 813.1 states the
purpose, §813.2 sets out the definitions and terms used in this chapter,
and §813.3 sets out the general Board responsibilities.
Subchapter B sets out the provisions for access to employment and training
activities and support services. Section 813.11 sets out board responsibilities
regarding access to Food Stamp E&T Activities and Support Services, and §813.12
sets out participant responsibilities.
Subchapter C sets out Expenditure of Funds. Section 813.21 states who is
to be served, §813.22 states what funds are designated for able-bodied
adults without dependents (ABAWDs).
Subchapter D sets out the Allowable Activities. Section 813.31 sets out
the allowable activities for ABAWDs, and §813.32 sets out the activities
for all Food Stamp E&T mandatory work registrants.
Subchapter E sets out the Support Services for Participants. Section 813.41
is the general provision on support services, §813.42 discusses Child
Care services, and §813.43 discusses the transportation assistance.
Subchapter F sets out Complaints and Appeals. Section 813.51 addresses
appeals of decisions made on food stamp applications and benefits, §813.52
addresses appeals of Food Stamp E&T activities and services decisions,
and §813.53 addresses discrimination complaints.
Statutory Background: The Food Stamp Act of 1977 requires non-exempt adults
at least 16 years of age but less than 60 years of age, referred to the Texas
Workforce Commission by the Texas Department of Human Services, to register
for work and take part in Food Stamp E&T activities and support services.
Failure to comply with these requirements may result in disqualification from
the receipt of Food Stamp benefits. The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 requires able-bodied food stamp recipients at least
18 years of age but less than 50 years of age with no dependent children (ABAWDs)
to work or participate in specific activities in order to receive Food Stamp
benefits. Failure of ABAWDs to comply with these federal requirements will
limit their assistance to three out of thirty-six (36) months.
Food Stamp E&T activities and support services are funded with 100%
federal grant funds (100% funds) as well as 50% federal and 50% state funds
(50/50 funds). Regarding the 100% funds, the Balanced Budget Act of 1997 authorized
additional funds for ABAWDs and mandated that states utilize at least eighty
percent (80%) of the 100% funds for qualifying work activities for ABAWDs.
The remaining twenty percent (20%) of the 100% funds may be used to provide
work activities specified in the Texas Food Stamp E&T State Plan, approved
by the U.S. Department of Agriculture, for all mandatory work registrants.
The remaining twenty percent (20%) of funds are not subject to the restrictions
placed upon the eighty percent (80%) of the federal funds. The 50/50 funds
may be used for Food Stamp E&T activities in addition to support services
such as Child Care, transportation, and other expenses to assist participants
in Food Stamp E&T activities with becoming self sufficient.
Purpose: The purpose of the rule changes related to Food Stamp E&T
activities and support services is to facilitate the maintenance and continuous
improvement of the One-Stop Service Delivery Network as established in Texas
Government Code, Chapter 2308, and Texas Labor Code, Chapters 301 and 302.
The rules provide the Boards with flexibility to more fully integrate Food
Stamp E&T into the One-Stop Service Delivery Network. As part of the network,
the goals of Food Stamp E&T activities and support services are consistent
with and reflective of the Workforce Investment Act (WIA) one-stop principles
and the principles of Texas' vision. The WIA principles are: streamlining
services, empowering individuals, universal access, increased accountability,
a strong role for Boards and the private sector, and state and local flexibility.
The four principles of Texas' vision are: limited and efficient state government,
local control, personal responsibility, and support for strong families.
The oversight and management by Boards of the delivery of Food Stamp E&T
activities and support services outlined in the rules are intended to emphasize
the role of the Boards in providing a seamless network of information and
services that is responsive to the individual needs of customers, including
persons engaged in the Food Stamp E&T activities and support services.
The Commission intends that the Food Stamp E&T activities and support
services be fully integrated through the available one-stop centers with the
added flexibility identified in the rules.
The Commission received two comments on the rules. The commenters expressed
support and agreement with the new rules. The two commenters included the
Coastal Bend Workforce Development Board and the West Central Workforce Development
Board. Comment summaries and responses are as follows.
One commenter expressed general support for all of the rules and expressed
appreciation for the inclusion of additional activities in the rules that
allow local areas to provide services in an integrated approach by allowing
provision of activities similar to other workforce funding streams. Regarding §813.31
and §813.32, another commenter expressed support for the improvement
the new rules provide over the current system. The commenter stated that the
new rules allow Boards to better integrate Food Stamp services into Workforce
activities, and offer a more positive approach to assisting Food Stamp clients,
via the provisions to more basic skills, GED, and vocational training as well
as a range of supportive services.
Response: The Commission appreciates the Boards' support of the new Food
Stamp E&T Rules. The Commission agrees that the inclusion of additional
activities will enhance integration by allowing the provision of services
similar to other workforce funding streams. The Commission also agrees that
this may help with the recruitment and enrollment of Food Stamp work registrants
and increase their ability to secure employment and promote long-term self-sufficiency.
Comment: Regarding § 813.41(c)(1), one commenter indicated that the
listing of Child Care as an allowable support service for Food Stamp clients
was included in the rule and that currently the Board's Food Stamp E&T
Child Care allocation was only sufficient to provide full time care for a
few children. The commenter stated that the new rules should allow services
to many more non-ABAWDs with children, and thus greatly increase the need
for Child Care funding. The commenter also indicated that once the Food Stamp
E&T Child Care allocation is exhausted, the only other source of funding
would be Child Care allocation for Income Eligible children, which will be
limited in FY2002 due to the increase in anticipated Choices clients and their
need for Child Care. The commenter further suggested that the rules should
allow Boards to reassign the Food Stamp E&T allocation as needed for Child
Care.
Response: The Commission appreciates the concerns regarding the availability
of Child Care funds for Food Stamp E&T participants. Regarding the ability
to reassign a portion of the Food Stamp E&T allocation to the Food Stamp
E&T Child Care allocation, the General Appropriations Act set the amount
of child care funds for Food Stamp E&T participants at $200,000 for the
state. The Commission recognizes that expansion of these services statewide
could also produce growth in the need for child care services among the general
Food Stamp population that has work requirements, and would accept requests
from the Boards to increase the Food Stamp E&T Child Care allocation as
funds are needed . Such a request might be fulfilled through the deobligation
and reallocation process, before consideration is given to a transfer of additional
funds into the Food Stamp E&T Child Care strategy. The Commission would
also note that the work requirement only applies to Food Stamp recipients
with children age 6 or older. Boards may be able to minimize the need for
child care in this group by offering Food Stamp E&T component activities
during school hours. The Commission will continue to analyze the Boards' expenditure
patterns for Food Stamp E&T Child Care funds as the expansion to statewide
coverage of the E&T program transpires.
After considering the comments and responses, the Commission does not see
a need for the changes to the rules as proposed.
For information about the Commission please visit our web page at www.texasworkforce.org.
Subchapter A. GENERAL PROVISIONS
40 TAC §813.1, §813.2
The rules are repealed under Texas Labor Code, §301.061
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 Commission activities and services.
Texas Labor Code, Title 4 and particularly Chapter 301 and Chapter 302
will be affected by the repeals.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the
Office of the Secretary of State on August 14, 2001.
TRD-200104693
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §§813.1 - 813.3
The new rules are adopted under Texas Labor Code, §301.061
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 Commission services and activities.
Texas Labor Code, Title 4 and particularly Chapter 301 and Chapter 302
will be affected by the new rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104695
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §§813.11 - 813.14
The rules are repealed under Texas Labor Code, §301.061
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 Commission activities and services.
Texas Labor Code, Title 4 and particularly Chapter 301 and Chapter 302
will be affected by the repeals.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104694
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §813.11, §813.12
The new rules are adopted under Texas Labor Code, §301.061
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 Commission services and activities.
Texas Labor Code, Title 4 and particularly Chapter 301 and Chapter 302
will be affected by the new rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104696
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §§813.21 - 813.23
The rules are repealed under Texas Labor Code, §301.061
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 Commission services and activities.
Texas Labor Code, Title 4 and particularly Chapter 301 and Chapter 302
will be affected by the repeals.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104698
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §813.22
The new rule is adopted under Texas Labor Code, §301.061
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 Commission services and activities.
Texas Labor Code, Title 4 and particularly Chapter 301 and Chapter 302
will be affected by the new rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104697
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §§813.31 - 813.33
The rules are repealed under Texas Labor Code, §301.061
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 Commission services and activities.
Texas Labor Code, Title 4 and particularly Chapter 301 and Chapter 302
will be affected by the repeals.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104702
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §813.31, §813.32
The new rules are adopted under Texas Labor Code, §301.061
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 Commission services and activities.
Texas Labor Code, Title 4 and particularly Chapter 301 and Chapter 302
will be affected by the new rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104701
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
40 TAC §§813.41 - 813.43
The rules are repealed under Texas Labor Code, §301.061
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 Commission services and activities.
Texas Labor Code, Title 4 and particularly Chapter 301 and Chapter 302
will be affected by the repeals.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 14, 2001.
TRD-200104699
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: September 3, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-2573
Subchapter B. ALLOCATIONS AND FUNDING
Subchapter C. REALLOCATION OF FUNDS
Chapter 809.
CHILD CARE AND DEVELOPMENT
Subchapter B. GENERAL MANAGEMENT REQUIREMENTS
Subchapter C. REQUIREMENTS TO PROVIDE CHILD CARE
Subchapter D. SELF-ARRANGED CARE
Subchapter G. CHILD CARE FOR PEOPLE TRANSITIONING OFF PUBLIC ASSISTANCE
Subchapter I. CHILD CARE TRAINING CENTER PILOT PROGRAMS
Subchapter K. FUNDS MANAGEMENT
Chapter 813.
FOOD STAMP EMPLOYMENT AND TRAINING
Subchapter B. EXPENDITURE OF FUNDS
Subchapter B. ACCESS TO EMPLOYMENT AND TRAINING ACTIVITIES AND SUPPORT SERVICES
Subchapter C. ALLOWABLE ACTIVITIES FOR PARTICIPANTS
Subchapter C. EXPENDITURE OF FUNDS
Subchapter D. SUPPORT SERVICES FOR PARTICIPANTS
Subchapter D. ALLOWABLE ACTIVITIES
Subchapter E. COMPLAINTS AND APPEALS
Subchapter E. SUPPORT SERVICES FOR PARTICIPANTS