Section 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.40 Tex. Admin. Code § 800.51
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