AN ACT
1-1 relating to the establishment and operation of the Texas child care
1-2 fund and to the development of a statewide guide on child care.
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 (e) The advisory board is subject to Chapter 325, Government
3-12 Code (Texas Sunset Act). Unless continued in existence as provided
3-13 by that chapter, the advisory board is abolished and this section
3-14 expires September 1, 2003.
3-15 SECTION 2. Subchapter D, Chapter 301, Labor Code, is amended
3-16 by adding Section 301.067 to read as follows:
3-17 Sec. 301.067. CHILD-CARE MARKET SURVEY; COMPENSATION RATE.
3-18 (a) The commission shall ensure that a biennial survey is
3-19 conducted to determine the local market rates of child-care
3-20 services provided throughout the state.
3-21 (b) Local market rates in a geographic area in which a
3-22 substantial number of child-care service providers charge a rate
3-23 that is less than the actual cost of providing service in that area
3-24 may be adjusted to reflect the actual cost of providing service.
3-25 (c) Unless prohibited by federal law or regulations, a
4-1 provider of child-care services that is reimbursed under a program
4-2 administered by the commission shall be reimbursed at a rate that
4-3 is the lesser of the provider's published rate to the general
4-4 public or the 75th percentile of the local market rate, as adjusted
4-5 under Subsection (b) if appropriate, in the provider's geographic
4-6 area.
4-7 SECTION 3. Subchapter D, Chapter 301, Labor Code, is amended
4-8 by adding Section 301.068 to read as follows:
4-9 Sec. 301.068. CHILD-CARE ADMINISTRATION. (a) The
4-10 commission, or a local workforce development board that accepts
4-11 child-care funds from the commission, shall contract with
4-12 government organizations, public nonprofit agencies, or
4-13 community-based organizations, as defined by 20 U.S.C. Section
4-14 1201a and its subsequent amendments, to administer the subsidized
4-15 child-care program through the existing uniform statewide brokered
4-16 system.
4-17 (b) An entity with whom the commission or a board contracts
4-18 must demonstrate:
4-19 (1) a variety of social service experiences with the
4-20 local client population; and
4-21 (2) experience in a federal and state funded system of
4-22 child-care vendor management in this state, child development,
4-23 support services, and financial management.
4-24 (c) Not later than November 15, 1998, the commission shall
4-25 submit a comprehensive report on local child-care administration to
5-1 the governor, the lieutenant governor, and the speaker of the house
5-2 of representatives. The report shall include information on:
5-3 (1) the performance of each child-care administration
5-4 contractor;
5-5 (2) the success in each local workforce development
5-6 area of integrating child-care services into the workforce
5-7 development system; and
5-8 (3) the readiness of each local workforce development
5-9 board to procure contracts for child-care administration.
5-10 (d) This section expires September 1, 1999.
5-11 SECTION 4. Subchapter B, Chapter 403, Government Code, is
5-12 amended by adding Section 403.026 to read as follows:
5-13 Sec. 403.026. CHILD-CARE GUIDE; INTERAGENCY WORK GROUP.
5-14 (a) The comptroller shall develop and periodically update a
5-15 statewide guide for child care designed to assist child-care
5-16 consumers in making informed choices regarding available child-care
5-17 services and to provide useful information regarding the child-care
5-18 industry to child-care service providers. The guide must:
5-19 (1) contain comprehensive and current information on:
5-20 (A) child-care services, including consumer
5-21 information on staff-child ratios, group sizes, level of training
5-22 of staff and management, hours of availability, price information,
5-23 and other relevant consumer information;
5-24 (B) early childhood development and factors to
5-25 consider in making informed child-care choices;
6-1 (C) child care for children with disabilities;
6-2 (D) training opportunities in the child-care
6-3 profession;
6-4 (E) child-care financing options;
6-5 (F) technical assistance for child-care service
6-6 providers; and
6-7 (G) other relevant topics that will assist a
6-8 child-care consumer in making informed child-care choices as
6-9 determined by the comptroller and the interagency work group
6-10 created under Subsection (b); and
6-11 (2) enable a child-care consumer to identify and
6-12 assess each option available for meeting a child-care consumer's
6-13 individual needs.
6-14 (b) An interagency work group is created to assist the
6-15 comptroller in developing and updating the guide. The work group
6-16 is composed of representatives of:
6-17 (1) the comptroller's office, appointed by the
6-18 comptroller;
6-19 (2) the Texas Workforce Commission, appointed by the
6-20 executive director of that agency;
6-21 (3) the Texas Department of Human Services, appointed
6-22 by the commissioner of human services;
6-23 (4) the Department of Protective and Regulatory
6-24 Services, appointed by the executive director of that agency;
6-25 (5) businesses and business organizations, appointed
7-1 by the comptroller;
7-2 (6) resource and referral agencies, appointed by the
7-3 comptroller;
7-4 (7) nonprofit organizations, appointed by the
7-5 comptroller;
7-6 (8) child-care consumers, appointed by the
7-7 comptroller;
7-8 (9) child-care providers, appointed by the
7-9 comptroller; and
7-10 (10) agencies or organizations that contract with the
7-11 Texas Workforce Commission or a local workforce development board
7-12 for the management of child-care services, appointed by the Texas
7-13 Workforce Commission.
7-14 (c) A member of the work group serves at the will of the
7-15 appointing agency.
7-16 (d) The comptroller shall appoint a member of the work group
7-17 to serve as presiding officer, and members of the work group shall
7-18 elect any other necessary officers.
7-19 (e) The work group shall meet at the call of the presiding
7-20 officer.
7-21 (f) The appointing entity is responsible for the expenses of
7-22 a member's service on the work group. A member of the work group
7-23 receives no additional compensation for serving on the work group.
7-24 (g) The work group is not subject to Article 6252-33,
7-25 Revised Statutes.
8-1 (h) The entities listed in Subsection (b) shall take all
8-2 action necessary to assist the comptroller in developing and
8-3 updating the guide, including providing staff with expertise in
8-4 information and referral services and other necessary resources,
8-5 but may not diminish services required to be provided by other law.
8-6 (i) The comptroller shall make the guide available to the
8-7 public in electronic format and through the Internet.
8-8 SECTION 5. Not later than January 1, 1998, the comptroller
8-9 of public accounts shall complete development of the child-care
8-10 guide required by Section 403.026, Government Code, as added by
8-11 this Act, and make the guide available in the manner required by
8-12 that section.
8-13 SECTION 6. Subsection (c), Section 301.067, Labor Code, as
8-14 added by this Act, does not apply to child-care services provided
8-15 under a contract entered into by a child-care provider before the
8-16 effective date of this Act.
8-17 SECTION 7. The Texas Workforce Commission shall appoint the
8-18 advisory board required by Section 308.004, Labor Code, as added by
8-19 this Act, not later than October 1, 1997.
8-20 SECTION 8. The importance of this legislation and the
8-21 crowded condition of the calendars in both houses create an
8-22 emergency and an imperative public necessity that the
8-23 constitutional rule requiring bills to be read on three several
8-24 days in each house be suspended, and this rule is hereby suspended,
8-25 and that this Act take effect and be in force from and after its
9-1 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 211 passed the Senate on
February 13, 1997, by the following vote: Yeas 31, Nays 0; and
that the Senate concurred in House amendments on May 28, 1997, by
the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 211 passed the House, with
amendments, on May 25, 1997, by the following vote: Yeas 110,
Nays 25, one present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor