| (a) The purpose of this rule is to interpret Texas
Labor Code, §302.062, relating to the allocation of available
funds for workforce training and services from the Texas Workforce
Commission to workforce areas, as well as Texas Labor Code, §301.001
and §302.002, which establish the Texas Workforce Commission
to operate an integrated workforce development system in this state,
in particular through the consolidation of job training, employment,
and employment-related programs, and direct the executive director
to consolidate the administrative and programmatic functions under
the authority of the Commission, to achieve efficient and effective
delivery of services. It is the intent of the Commission to allocate
funds to workforce areas for the purpose of meeting or exceeding statewide
performance measures as set forth in the state General Appropriations
Act and consistent with the authority reflected in Texas Labor Code §302.004,
satisfying federal program requirements, and operating an integrated
workforce development system. This subchapter sets forth the funding
to be allocated to workforce areas and the methods and procedures
to be followed, in order to accomplish the consolidation and integration
of workforce development programs. The Commission is committed, whenever
possible, to allocating an amount of funds available for workforce
training and services greater than the minimum level set by law.
(b) Funds allocated or reallocated under this subchapter
will only be made available under the terms of a properly executed
contract between the Commission and a certified Board with an approved
plan or an AEL grant recipient with an approved contract with the
Commission.
(c) The allocation formulas described in this subchapter
will only be applicable for allocations and executed contracts for
a complete program year. For contract periods of less than a complete
program year, the allocated amounts will be negotiated between the
Commission and the Board or an AEL grant recipient, based upon the
remaining months of the program year.
(d) Subsections (a) - (c) of this section shall apply
to all sections contained in this subchapter unless a section specifically
states otherwise.
(e) Funds available to the Commission that are not
otherwise allocated or reallocated under this subchapter, may be used
by the Commission for purposes authorized by state and federal laws
and regulations.
(f) Notwithstanding any other provision of the rules
contained in this part, the level of funding allocated to a workforce
area may be determined, modified, or reallocated by the Commission
for one or more of the following reasons:
(1) to ensure full utilization of the funding;
(2) to ensure compliance with state and federal requirements
applicable to the state;
(3) to meet the state's federal participation rates;
(4) to respond to caseload changes; or
(5) to respond to unforeseen demographic or economic
changes.
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| Source Note: The provisions of this §800.51 adopted to be effective September 3, 2001, 26 TexReg 6719; amended to be effective August 23, 2004, 29 TexReg 8148; amended to be effective February 24, 2014, 39 TexReg 1195 |
