75R9918 KKA-D
By Ellis, et al. S.B. No. 211
Substitute the following for S.B. No. 211:
By Yarbrough C.S.S.B. No. 211
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment and operation of the Texas child care
1-3 fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle B, Title 4, Labor Code, is amended by
1-6 adding Chapter 308 to read as follows:
1-7 CHAPTER 308. TEXAS CHILD CARE FUND
1-8 Sec. 308.001. DEFINITION. In this chapter, "fund" means the
1-9 Texas child care fund.
1-10 Sec. 308.002. TEXAS CHILD CARE FUND. (a) The Texas child
1-11 care fund is an account in the general revenue fund consisting of
1-12 state appropriations and money donated to the state by local
1-13 governments, businesses, nonprofit organizations, or other persons
1-14 for child care services.
1-15 (b) Money in the fund shall be used to provide child care
1-16 services in a manner that maximizes the state's entitlement to
1-17 receive federal matching money.
1-18 Sec. 308.003. ADMINISTRATION AND PROMOTION OF FUND.
1-19 (a) The commission, with assistance from the advisory board
1-20 appointed under Section 308.004, shall:
1-21 (1) administer the fund;
1-22 (2) solicit donations to the fund from all appropriate
1-23 sources, including local governments, businesses, and nonprofit
1-24 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;
2-26 (E) businesses and business organizations; and
2-27 (F) nonprofit organizations; and
3-1 (2) at least one consumer of child care services.
3-2 (b) The advisory board shall periodically evaluate the
3-3 operation of the fund and make recommendations to the commission on
3-4 the administration and promotion of the fund.
3-5 (c) A member of the advisory board serves at the will of the
3-6 commission.
3-7 (d) The advisory board is subject to Article 6252-33,
3-8 Revised Statutes, other than Section 8 of that article.
3-9 (e) The advisory board is subject to Chapter 325, Government
3-10 Code (Texas Sunset Act). Unless continued in existence as provided
3-11 by that chapter, the advisory board is abolished and this section
3-12 expires September 1, 2003.
3-13 SECTION 2. Subchapter D, Chapter 301, Labor Code, is amended
3-14 by adding Section 301.067 to read as follows:
3-15 Sec. 301.067. CHILD CARE MARKET SURVEY; COMPENSATION RATE.
3-16 (a) The commission shall ensure that a biennial survey is
3-17 conducted to determine the local market rates of child care
3-18 services provided throughout the state.
3-19 (b) Unless prohibited by federal law or regulations, a
3-20 provider of child care services that is reimbursed under a program
3-21 administered by the commission shall be reimbursed at a rate that
3-22 is the lesser of the provider's published rate to the general
3-23 public or the 75th percentile of the local market rate in the
3-24 provider's geographic area.
3-25 SECTION 3. Section 301.067(b), Labor Code, as added by this
3-26 Act, does not apply to child care services provided under a
3-27 contract entered into by a child care provider before the effective
4-1 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.