(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;                   (B) Temporary Assistance for Needy Families (TANF) Applicant child care as referenced in §809.46;                   (C) SNAP E&T child care as referenced in §809.47; and                   (D) Transitional child care as referenced in §809.48.         
        (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;                   (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 and described in §809.52;                   (E) children of parents on military deployment as defined in §809.2 whose parents are unable to enroll in military-funded child care assistance programs;                   (F) children of teen parents as defined in §809.2; and                   (G) children with disabilities as defined in §809.2.         
        (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