By Coleman H.B. No. 3535
76R7608 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the allocation by the Texas Workforce Commission of
1-3 certain funds for child care services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 302, Labor Code, is amended
1-6 by adding Section 302.064 to read as follows:
1-7 Sec. 302.064. ALLOCATION OF FUNDS FOR CHILD CARE SERVICES.
1-8 (a) Funds available to the commission for child care services
1-9 shall be allocated to local workforce development areas using
1-10 need-based formulas as provided by this section.
1-11 (b) The following funds are allocated according to the
1-12 relative proportion of the total number of children in a local
1-13 workforce development area who are under five years of age and live
1-14 in families having income that does not exceed 100 percent of the
1-15 poverty level as compared to the total number of children statewide
1-16 who are under five years of age and live in families having income
1-17 that does not exceed 100 percent of the poverty level:
1-18 (1) federal child care and development fund mandatory
1-19 funds authorized under Section 418(a)(1) of the federal Social
1-20 Security Act (42 U.S.C. Section 618) as amended;
1-21 (2) general revenue maintenance of effort funds;
1-22 (3) federal social service block grant funds; and
1-23 (4) federal temporary assistance for needy families
1-24 (TANF) funds appropriated for child care other than funds withheld
2-1 for state-level responsibilities.
2-2 (c) The following funds are allocated according to the
2-3 relative proportion of the total number of children in a local
2-4 workforce development area who are under 13 years of age and live
2-5 in families having income that does not exceed 100 percent of the
2-6 poverty level as compared to the total number of children statewide
2-7 who are under 13 years of age and live in families having income
2-8 that does not exceed 100 percent of the poverty level:
2-9 (1) federal child care and development fund matching
2-10 funds authorized under Section 418(a)(2) of the federal Social
2-11 Security Act (42 U.S.C. Section 618) as amended; and
2-12 (2) state general revenue matching funds and estimated
2-13 appropriated receipts of donated funds.
2-14 (d) Federal child care and development fund discretionary
2-15 funds authorized under the federal Social Security Act (42 U.S.C.
2-16 Section 301 et seq.) as amended shall be allocated according to
2-17 the relative proportion of the total number of children in a local
2-18 workforce development area who are under 13 years of age and live
2-19 in families having income that does not exceed 150 percent of the
2-20 poverty level as compared to the total number of children statewide
2-21 who are under 13 years of age and live in families having income
2-22 that does not exceed 150 percent of the poverty level.
2-23 (e) Federal food stamp employment and training child care
2-24 funds shall be allocated among the local workforce development
2-25 areas according to the relative proportion of the total number of
2-26 children in a local workforce development area who are at least six
2-27 years of age and not more than 12 years of age and live in the
3-1 household of a mandatory food stamp work registrant as compared to
3-2 the total number of children statewide who are at least six years
3-3 of age and not more than 12 years of age and live in the household
3-4 of a mandatory food stamp work registrant.
3-5 (f) The following requirements apply to Subsections (b)-(d):
3-6 (1) not more than five percent of the funds allocated
3-7 may be used for administrative costs as defined by federal
3-8 regulations in 45 C.F.R. Section 98.52 as amended;
3-9 (2) at least four percent of the funds allocated are
3-10 required to be used to improve the quality of child care, as
3-11 defined by federal regulations in 45 C.F.R. Section 98.51 as
3-12 amended;
3-13 (3) a person who is a transitional client eligible for
3-14 child care for a child of the person or a choices client shall be
3-15 served on a priority basis to enable the person to participate in
3-16 work, education, or training activities;
3-17 (4) the percentage of the funds allocated that is
3-18 spent for direct child care services must be equal to or exceed the
3-19 percentage of the funds allocated for direct child care services in
3-20 fiscal year 1999; and
3-21 (5) a local workforce development board is required to
3-22 comply with any additional requirement adopted by the commission or
3-23 contained in the board contract.
3-24 SECTION 2. This Act takes effect September 1, 1999.
3-25 SECTION 3. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.