1. (a) Child care funds allocated by the Commission pursuant to its allocation rules (generally, Chapter 800, General Administration, Subchapter B, Allocation and Funding, and specifically §800.58, Child Care), including local public transferred funds and local private donated funds, as provided in §809.17, to the extent they are used for nondirect care quality improvement activities, may be expended on any quality improvement activity described in 45 CFR §98.51. These activities may include, but are not limited to:

   1. (1) activities designed to provide comprehensive consumer education to parents and the public;
   2. (2) activities that increase parental choice; and
   3. (3) activities designed to improve the quality and availability of child care.

2. (b) Boards must ensure compliance with 45 CFR §98.54(b) regarding construction expenditures, as follows:

   1. (1) State and local agencies and nonsectarian agencies or organizations.

      1. (A) Funds shall not be expended for the purchase or improvement of land, or for the purchase, construction, or permanent improvement of any building or facility.
      2. (B) Funds may be expended for minor remodeling, and for upgrading child care facilities to ensure that providers meet state and local child care standards, including applicable health and safety requirements.

   2. (2) Sectarian agencies or organizations.

      1. (A) The prohibitions in paragraph (1) of this subsection apply.
      2. (B) Funds may be expended for minor remodeling only if necessary to bring the facility into compliance with the health and safety requirements established pursuant to 45 CFR §98.41.
3. (c) Expenditures certified by a public entity, as provided in §809.17(b)(3), may include expenditures for any quality improvement activity described in 45 CFR §98.51.

Source Note:The provisions of this §809.16 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective January 8, 2013, 38 TexReg 155; amended to be effective February 16, 2015, 40 TexReg 708.