40 Tex. Admin. Code § 809.43
Priority for Child Care Services
Effective Dec 2, 202550 TexReg 7731Source Note: The provisions of this §809.43 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective September 8, 2008, 33 TexReg 7568; amended to be effective January 8, 2013, 38 TexReg 155; amended to be effective October 1, 2016, 41 TexReg 7529; amended to be effective December 2, 2025, 50 TexReg 7731.Texas Secretary of State
(a) A Board shall ensure that child care services are prioritized among the following three priority groups:
(1) The first priority group is assured child care services and includes children of parents eligible for the following:
- (A) Choices child care as referenced in §809.45 of this subchapter;
- (B) Temporary Assistance for Needy Families (TANF) Applicant child care as referenced in §809.46 of this subchapter;
- (C) SNAP E&T child care as referenced in §809.47 of this subchapter; and
- (D) Transitional child care as referenced in §809.48 of this subchapter.
(2) The second priority group is served subject to the availability of funds and includes, in the order of priority:
- (A) children who need to receive protective services child care as referenced in §809.49 of this subchapter;
- (B) children of a qualified veteran or qualified spouse as defined in §801.23 of this title;
- (C) children of a foster youth as defined in §801.23 of this title;
- (D) children experiencing homelessness as defined in §809.2 of this chapter and described in §809.52 of this subchapter;
- (E) children of parents on military deployment as defined in §809.2 of this chapter whose parents are unable to enroll in military-funded child care assistance programs;
- (F) children of teen parents as defined in §809.2 of this chapter;
- (G) children with disabilities as defined in §809.2 of this chapter; and
- (H) children of a child care worker as defined in §809.2 of this chapter.
- (3) The third priority group includes any other priority adopted by the Board.
- (b) A Board shall not establish a priority group under subsection (a)(3) of this section based on the parent's choice of an individual provider or provider type.
Source Note:The provisions of this §809.43 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective September 8, 2008, 33 TexReg 7568; amended to be effective January 8, 2013, 38 TexReg 155; amended to be effective October 1, 2016, 41 TexReg 7529; amended to be effective December 2, 2025, 50 TexReg 7731.