Subchapter A. GENERAL PROVISIONS

The Texas Workforce Commission (Commission) adopts new §§845.1, 845.2, and 845.11 - 845.13, relating to the Texas Work & Family Clearinghouse, without changes to the proposed text as published in the November 12, 1999, issue of the Texas Register (24 TexReg 9985).

The purpose of the rules is to set forth the procedures applicable to the Work and Family Clearinghouse (Clearinghouse) grant request and award process pursuant to Texas Labor Code Chapter 81. The process incorporated in the rules is based on methods found to be efficient in administering grants and programs similar to the Clearinghouse grants.

Background: The Clearinghouse provides technical assistance and information on dependent care and other employment-related family issues to public and private employers, state agencies, policymakers, and individuals. The Clearinghouse also conducts research on child care and other employment-related family issues based on the recommendations of the Work and Family Policy Advisory Committee.

The statute provides that the Clearinghouse may establish a grant program to provide funds to public or private persons to conduct demonstration dependent care projects. The Code Construction Act provides that a person includes a corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. Therefore, a private or public person may include faith-based organizations, community-based organizations and employers. A demonstration dependent care project includes community-level initiatives that improve support for working families and is not limited to model or start-up type projects.

The rules outline criteria for the awarding of grants authorized under the statute. The rules also provide for cancellation of a grant if the Commission determines that the grant recipient has failed to perform or to substantially comply with the terms in the request for proposal, request for application, contract, or agreement. The rules also allow the Commission to take corrective action in lieu of cancellation of the grant.

Comments were received from the South Plains Local Workforce Development Board (Board) and the Upper Rio Grande Board.

Comment: The commenter stated that it was appropriate for Boards to be given priority consideration for any funds from the Clearinghouse that could be used to expand employer and individual participation in the local workforce development system.

Response: The Commission disagrees that Boards should receive a priority for Clearinghouse funds as the Commission must observe the state law which requires the Commission to initiate a fair, public, competitive bid process for all initiatives funded by the Clearinghouse. Prioritizing applicants in advance would violate that statutory requirement. However, Boards may apply for funds from the Clearinghouse and will receive the earliest possible notice of fund availability.

Comment: One commenter supported the proposed rules and stated that the program appears to be a good one. The commenter also alluded to a need for guidelines to be in place to identify what would qualify as a dependent care program.

Response: The Commission appreciates the commenter's support of the proposed rules and agrees that dependent care demonstration projects provide valuable support to working families with dependent care needs. The Commission also wants to call attention to the definition of Dependent Care found at §845.2 in the rules as published. As the preamble to the proposed rules indicated, demonstration dependent care projects include community-level initiatives that improve support for working families and are not limited to model or start-up type activities.

Subchapter A. GENERAL PROVISIONS