By Shapleigh S.B. No. 1391 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.