By: Ellis, et al. S.B. No. 211 A BILL TO BE ENTITLED AN ACT 1-1 relating to the establishment and operation of the Texas child care 1-2 fund. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle B, Title 4, Labor Code, is amended by 1-5 adding Chapter 308 to read as follows: 1-6 CHAPTER 308. TEXAS CHILD CARE FUND 1-7 Sec. 308.001. DEFINITION. In this chapter, "fund" means the 1-8 Texas child care fund. 1-9 Sec. 308.002. TEXAS CHILD CARE FUND. (a) The Texas child 1-10 care fund is an account in the general revenue fund consisting of 1-11 state appropriations and money donated to the state by local 1-12 governments, businesses, nonprofit organizations, or other persons 1-13 for child care services. 1-14 (b) Money in the fund shall be used to provide child care 1-15 services in a manner that maximizes the state's entitlement to 1-16 receive federal matching money. 1-17 Sec. 308.003. ADMINISTRATION AND PROMOTION OF FUND. 1-18 (a) The commission, with assistance from the advisory board 1-19 appointed under Section 308.004, shall: 1-20 (1) administer the fund; 1-21 (2) solicit donations to the fund from all appropriate 1-22 sources, including local governments, businesses, and nonprofit 1-23 organizations; 2-1 (3) distribute money in the fund to provide child care 2-2 services; and 2-3 (4) aggressively promote public awareness of the fund 2-4 and the need for donations to provide adequate child care services 2-5 in this state. 2-6 (b) To encourage local child care planning and local 2-7 participation in meeting matching requirements for state 2-8 entitlement to federal child care funding, the commission shall use 2-9 donated purchase agreements when appropriate. 2-10 (c) The commission shall ensure that a local government that 2-11 donates money to the fund receives child care services in the 2-12 geographical area served by the local government of a value at 2-13 least equal to the amount of money donated by the local government. 2-14 (d) The commission may adopt rules necessary for the 2-15 administration and promotion of the fund. 2-16 Sec. 308.004. ADVISORY BOARD. (a) The commission shall 2-17 appoint a permanent advisory board to assist and monitor the 2-18 commission in administering and promoting the fund. The advisory 2-19 board shall include: 2-20 (1) representatives from: 2-21 (A) the commission; 2-22 (B) the office of the comptroller; 2-23 (C) the Texas Department of Human Services; 2-24 (D) the Department of Protective and Regulatory 2-25 Services; 3-1 (E) businesses and business organizations; and 3-2 (F) nonprofit organizations; and 3-3 (2) at least one consumer of child care services. 3-4 (b) The advisory board shall periodically evaluate the 3-5 operation of the fund and make recommendations to the commission on 3-6 the administration and promotion of the fund. 3-7 (c) A member of the advisory board serves at the will of the 3-8 commission. 3-9 (d) The advisory board is subject to Article 6252-33, 3-10 Revised Statutes, other than Section 8 of that article. 3-11 SECTION 2. Subchapter D, Chapter 301, Labor Code, is amended 3-12 by adding Section 301.067 to read as follows: 3-13 Sec. 301.067. CHILD CARE MARKET SURVEY; COMPENSATION RATE. 3-14 (a) The commission shall ensure that a biennial survey is 3-15 conducted to determine the local market rates of child care 3-16 services provided throughout the state. 3-17 (b) Unless prohibited by federal law or regulations, a 3-18 provider of child care services that is reimbursed under a program 3-19 administered by the commission shall be reimbursed at a rate that 3-20 is the lesser of the provider's published rate to the general 3-21 public or the 75th percentile of the local market rate in the 3-22 provider's geographic area. 3-23 SECTION 3. Subsection (b), Section 301.067, Labor Code, as 3-24 added by this Act, does not apply to child care services provided 3-25 under a contract entered into by a child care provider before the 4-1 effective date of this Act. 4-2 SECTION 4. The Texas Workforce Commission shall appoint the 4-3 advisory board required by Section 308.004, Labor Code, as added by 4-4 this Act, not later than October 1, 1997. 4-5 SECTION 5. The importance of this legislation and the 4-6 crowded condition of the calendars in both houses create an 4-7 emergency and an imperative public necessity that the 4-8 constitutional rule requiring bills to be read on three several 4-9 days in each house be suspended, and this rule is hereby suspended, 4-10 and that this Act take effect and be in force from and after its 4-11 passage, and it is so enacted.