40 Tex. Admin. Code § 800.51 - Scope and Purpose
(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.
Notes
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