(a) Leveraging Local Funds.
  (1) The Commission encourages Boards to secure local public and private funds for the purpose of matching federal funds in order to maximize resources for child care needs in the community.
  (2) A Board is encouraged to secure additional local funds in excess of the amount required to match federal funds allocated to the Board in order to maximize its potential to receive additional federal funds should they become available.
  (3) A Board's performance in securing and leveraging local funds for match may make the Board eligible for incentive awards.
(b) The Commission accepts the following as local match:
  (1) Funds from a private entity that:
    (A) are donated without restrictions that require their use for:
      (i) a specific individual, organization, facility, or institution; or
      (ii) an activity not included in the CCDF State Plan or allowed under this chapter;
    (B) do not revert back to the donor's facility or use;
    (C) are not used to match other federal funds; and
    (D) are certified by both the donor and the Commission as meeting the requirements of subparagraphs (A) - (C) of this paragraph.
  (2) Funds from a public entity that:
    (A) are transferred without restrictions that would require their use for an activity not included in the CCDF State Plan or allowed under this chapter;
    (B) are not used to match other federal funds; and
    (C) are not federal funds, unless authorized by federal law to be used to match other federal funds.
  (3) Expenditures by a public entity certifying that the expenditures:
    (A) are for an activity included in the CCDF State Plan or allowed under this chapter;
    (B) are not used to match other federal funds; and
    (C) are not federal funds, unless authorized by federal law to be used to match other federal funds.
(c) A Board shall ensure that a public entity certifying expenditures for direct child care as described in §809.17(b)(3), determines and verifies that the expenditures are for child care provided to an eligible child. At a minimum, the public entity shall verify that the child:
  (1) is under 13 years of age, or at the option of the Board, is a child with disabilities under 19 years of age; and
  (2) resides with:
    (A) a family whose income does not exceed 85 percent of the state median income for a family of the same size; and
    (B) a parent who requires child care in order to work or attend a job training or educational program.
(d) A Board shall submit private donations, public transfers, and public certifications to the Commission for acceptance, with sufficient information to determine that the funds meet the requirements of subsection (b) of this section.
(e) Completing Private Donations, Public Transfers, and Public Certifications.
  (1) A Board shall ensure that:
    (A) private donations of cash and public transfers of funds are paid to the Commission; and
    (B) public certifications are submitted to the Commission.
  (2) Private donations and public transfers are considered complete when the funds have been received by the Commission.
  (3) Public certifications are considered complete to the extent that a signed written instrument is delivered to the Commission that reflects that the public entity has expended a specific amount of funds on eligible activities described in subsection (b)(3) of this section.
(f) A Board shall monitor the funds secured for match and the expenditure of any resulting funds to ensure that expenditures of federal matching funds available through the Commission do not exceed an amount that corresponds to the private donations, public transfers, and public certifications that are completed by the end of the program year.

Source Note: The provisions of this §809.17 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective October 1, 2016, 41 TexReg 7529