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A BILL TO BE ENTITLED
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AN ACT
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relating to local workforce development boards and the regulation |
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of child-care providers by the Texas Workforce Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2308.256(g), Government Code, is amended |
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to read as follows: |
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(g) At least one of the members of a board appointed under |
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Subsection (a) must be a licensed child-care provider with, in |
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addition to the qualifications required for the member under that |
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subsection, [have] expertise in child care or early childhood |
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education. |
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SECTION 2. Section 2308.260, Government Code, is amended to |
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read as follows: |
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Sec. 2308.260. [TECHNICAL] ADVISORY GROUPS. (a) A board |
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may create technical advisory groups composed of both council and |
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noncouncil members to provide assistance to the board. |
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(b) Each board shall create a child-care advisory group |
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consisting of both Texas Rising Star Program providers and |
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child-care providers who do not participate in the Texas Rising |
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Star Program. |
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SECTION 3. Section 2308.315(b), Government Code, is amended |
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to read as follows: |
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(b) The [minimum] reimbursement rate for a Texas Rising Star |
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Program provider must be greater than the maximum rate established |
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for a provider who is not a Texas Rising Star Program provider for |
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the same category of care. [The reimbursement rate must be: |
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[(1) at least five percent higher for a provider with a |
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two-star rating; |
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[(2) at least seven percent higher for a provider with |
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a three-star rating; and |
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[(3) at least nine percent higher for a provider with a |
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four-star rating.] |
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SECTION 4. Section 2308.3155, Government Code, is amended |
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by amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) The commission shall adopt rules to administer the Texas |
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Rising Star Program, including: |
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(1) guidelines for rating a child-care provider who |
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provides child care to a child younger than 13 years of age, |
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including infants and toddlers, enrolled in the subsidized program; |
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[and] |
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(2) a timeline and process for regularly reviewing and |
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updating the quality standards used to determine the rating system |
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that includes the commission's consideration of input from |
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interested parties regarding those standards; and |
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(3) rules requiring each Texas Rising Star Program |
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evaluator and mentor to have knowledge of the Health and Human |
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Services Commission's child-care licensing requirements. |
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(b-1) In adopting rules related to the evaluation of Texas |
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Rising Star Program providers, the commission shall coordinate with |
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the Health and Human Services Commission's child-care licensing |
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division to streamline the process for inspecting a facility and |
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eliminate any conflicting requirements. |
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SECTION 5. Subchapter G, Chapter 2308, Government Code, is |
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amended by adding Sections 2308.3173, 2308.3174, and 2308.3175 to |
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read as follows: |
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Sec. 2308.3173. PROBATIONARY PERIOD FOR CERTAIN LICENSING |
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DEFICIENCIES. (a) If a Texas Rising Star Program provider with a |
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4-star or 3-star rating receives a licensing or critical licensing |
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deficiency, the commission shall place the provider on probation |
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for 60 days. During the 60-day probationary period: |
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(1) the provider shall maintain the provider's rating |
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status and continue to be reimbursed as a Texas Rising Star Program |
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provider; |
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(2) the Health and Human Services Commission shall |
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provide technical assistance to the provider relating to child-care |
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licensing issues to help the provider avoid a future licensing |
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deficiency; and |
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(3) the commission shall provide mentorship |
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assistance on issues relating to the quality of child-care services |
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to ensure the provider improves the quality of the child-care |
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services it provides. |
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(b) A Texas Rising Star Program provider is not eligible for |
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probation if: |
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(1) the provider receives a licensing deficiency |
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related to the abuse, neglect, or exploitation of a child; or |
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(2) the provider receives a critical deficiency during |
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the preceding 12 months. |
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Sec. 2308.3174. SITE VISITS TO TEXAS RISING STAR PROGRAM |
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PROVIDERS. (a) Except as provided by Subsection (b), the |
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commission may not conduct more than one unannounced site visit to a |
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Texas Rising Star Program provider. |
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(b) If a Texas Rising Star Program provider has received a |
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citation for noncompliance or for a critical deficiency during the |
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preceding 12 months, the commission may conduct more than one |
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unannounced site visit. |
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Sec. 2308.3175. BACKGROUND CHECKS FOR CERTAIN TEXAS RISING |
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STAR PROGRAM EMPLOYEES. A person who volunteers with a Texas Rising |
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Star Program provider who undergoes a background and criminal |
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history check required by state or federal law is not required to |
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have an additional background check if the person becomes an |
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employee of the provider. |
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SECTION 6. Section 2308.315(d), Government Code, is |
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repealed. |
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SECTION 7. As soon as practicable after the effective date |
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of this Act, the commissioner of the Texas Workforce Commission |
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shall adopt rules necessary to implement Section 2308.3155(b), |
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Government Code, as amended by this Act, and Sections 2308.3173, |
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2308.3174, and 2308.3175, Government Code, as added by this Act. |
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SECTION 8. This Act takes effect September 1, 2021. |