Section 800.63 - Workforce Innovation and Opportunity Act WIOA Allocations(a) Definitions. The following words and terms when used in this section shall have the following meanings, unless the context clearly indicates otherwise. (1) Area of substantial unemployment--As defined in WIOA §132(b)(1)(B)(v)(III) (29 USC § 3172(b)(1)(B)(v)(III)).(2) Disadvantaged adult--As defined in WIOA §132(b)(1)(B)(v)(IV - V) (29 USC § 3172(b)(1)(B)(v) (IV-V)).(3) Disadvantaged youth--As defined in WIOA §127(b)(2)(C) (29 USC §31622(b)(2)(C)).(b) Scope and Authority. Funds available to the Commission under Title I of WIOA for youth activities, adult employment and training activities, and dislocated worker employment and training activities shall be allocated to workforce areas or reserved for statewide activities in accordance with:(1) the provisions of prior consistent state law as authorized by WIOA §193(a)(1)(A) (29 USC § 3253(a)(1)(A)), including, but not limited to, Texas Labor Code § 302.062, as amended, and Subchapter B of this title;(2) WIOA and related federal regulations as amended; and(c) Reserves and Allocations for Youth and Adult Employment and Training Activities. The Commission shall reserve no more than 15 percent and shall allocate to workforce areas at least 85 percent of the youth activities and adult employment and training activities allotments from the US Department of Labor.(d) Reserves and Allocations for Dislocated Worker Employment and Training Activities. The Commission shall allocate the dislocated worker employment and training allotment in the following manner:(1) reserve no more than 15 percent for statewide workforce investment activities;(2) reserve no more than 25 percent for state-level rapid response and additional local assistance activities, and determine the proportion allocated to each activity; and(3) allocate at least 60 percent to workforce areas.(e) State-Adopted Elements, Formulas, and Weights. The Commission shall implement the following elements, formulas, and weights adopted for Texas in the WIOA State Plan in allocating WIOA funds to workforce areas.(1) WIOA adult employment and training activities funds not reserved by the Commission under §800.63(c) of this section shall be allocated to the workforce areas as provided in WIOA §133(b)(2) (29 USC § 3173(b)(2)) based on the following:(A) 33-1/3 percent on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each workforce area, compared to the total number of unemployed individuals in areas of substantial unemployment in the state;(B) 33-1/3 percent on the basis of the relative excess number of unemployed individuals in each workforce area, compared to the total excess number of unemployed individuals in the state; and(C) 33-1/3 percent on the basis of the relative number of disadvantaged adults in each workforce area, compared to the total number of disadvantaged adults in the state.(2) 33-1/3 dislocated worker employment and training activities funds not reserved by the State of Texas under subsection (d) of this section shall be allocated to the workforce areas as provided in WIOA §133(b)(2) (29 USC § 3173(b)(2)) based on the following factors:(A) insured unemployment data;(B) unemployment concentrations;(C) plant closings and mass layoff data;(D) declining industries data;(E) farmer-rancher economic hardship data; and(F) long-term unemployment data.(3) WIOA youth activities funds not reserved by the Commission under §800.63(c) of this section shall be allocated to the workforce areas as provided in WIOA §128(b)(2) (29 USC § 3163(b)(2)) based on the following:(A) 33-1/3 percent on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each workforce area, compared to the total number of unemployed individuals in all areas of substantial unemployment in the state;(B) 33-1/3 percent on the basis of the relative excess number of unemployed individuals in each workforce area, compared to the total excess number of unemployed individuals in the state; and(C) 33-1/3 percent on the basis of the relative number of disadvantaged youth in each workforce area, compared to the total number of disadvantaged youth in the state.(f) In making allocations of WIOA formula funds, the Commission will apply minimum funding procedures, as set forth in federal regulations (20 CFR 683.125).(g) No more than 10 percent of the funds expended as part of a workforce area's allocation shall be used for administrative costs, as defined by federal regulations and Commission policy.(h) Reserved Funds. The Commission shall make available the funds reserved under subsection (c) and (d)(1) of this section to provide required and, if funds are available, allowable statewide activities as outlined in WIOA §129(b) and §134(a) (29 USC § 3164 and § 3174(a)).(i) The Commission may allocate such proportion of available WIOA Statewide Funding as it determines appropriate.40 Tex. Admin. Code § 800.63
The provisions of this §800.63 adopted to be effective September 12, 2000, 25 TexReg 9014; amended to be effective August 23, 2004, 29 TexReg 8148; Amended by Texas Register, Volume 49, Number 40, October 4, 2024, TexReg 8174, eff. 10/7/2024