Texas Workforce Commission adopts final childcare services rule amendments to Chapter 809

The Texas Workforce Commission on Wednesday adopted final amendments to 40 Texas Administrative Code Chapter 809, reshaping how the agency manages childcare service rules and implementing a priority waiting list for children of childcare workers required by Senate Bill 462.

Bridal O'Brien of the commission's Office of General Counsel told commissioners the amendments do two things: give the commission authority to suspend rules temporarily to improve efficiency or implement statewide initiatives, and implement a priority waiting list for children of childcare workers. "These amendments give the commission more flexibility to allow the commissioners to suspend a rule if it helps TWC improve the efficiency and delivery of child care services," O'Brien said.

O'Brien said the commission approved proposed amendments on Aug. 19 and published them in the Texas Register on Sept. 5 for a 30-day public comment period; staff received no public comments. She noted one non-substantive change affecting effective dates: the suspension authority would go into effect 20 days after adoption (Dec. 2), while the definition of "childcare worker" and the priority-waiting-list provisions will take effect Jan. 5 to allow system upgrades to be completed.

Commissioner Trevino moved to adopt the amendments as recommended by staff and Commissioner Connaught seconded. Chairman Esparza voted in favor and the motion passed.

The commission authorized staff to make minor non-substantive changes needed for publication in the Texas Register and to comply with the secretary of state's requirements. No public comments were received during the rulemaking notice period, per staff.

What happens next: with adoption complete, the suspension provision becomes effective 20 days from the adoption date and the childcare-worker definition and priority-waiting-list function will go into effect Jan. 5, pending completion of necessary system upgrades.