By West                                          S.B. No. 339

      75R3352 KKA-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the establishment of the Texas child care fund and

 1-3     compensation of certain child care providers.

 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     money donated to the state for child care services.

1-13           (b)  Money in the fund shall be used to provide child care

1-14     services in a manner that maximizes the state's entitlement to

1-15     receive federal matching money.

1-16           Sec. 308.003.  ADMINISTRATION AND PROMOTION OF FUND.

1-17     (a)  The commission, with assistance from the advisory board

1-18     appointed under Section 308.004, shall:

1-19                 (1)  administer the fund;

1-20                 (2)  solicit donations to the fund from all appropriate

1-21     sources, including businesses and nonprofit organizations;

1-22                 (3)  distribute money in the fund to provide child care

1-23     services; and

1-24                 (4)  aggressively promote public awareness of the fund

 2-1     and the need for donations to provide adequate child care services

 2-2     in this state.

 2-3           (b)  Subject to Section 308.002(b), the commission may enter

 2-4     into a contract with a donor governing the use of money contributed

 2-5     by the donor to the fund.

 2-6           (c)  The commission may adopt rules necessary for the

 2-7     administration and promotion of the fund.

 2-8           Sec. 308.004.  ADVISORY BOARD.  (a)  The commission shall

 2-9     appoint a permanent advisory board to assist and monitor the

2-10     commission in administering and promoting the fund.  The advisory

2-11     board shall  include representatives from:

2-12                 (1)  the commission;

2-13                 (2)  the office of the comptroller;

2-14                 (3)  the Texas Department of Human Services;

2-15                 (4)  businesses and business organizations; and

2-16                 (5)  nonprofit organizations.

2-17           (b)  The advisory board shall periodically evaluate the

2-18     operation of the fund and make recommendations to the commission on

2-19     the administration and promotion of the fund.

2-20           (c)  A member of the advisory board serves at the will of the

2-21     commission.

2-22           (d)  The advisory board is subject to Article 6252-33,

2-23     Revised Statutes, other than Section 8 of that article.

2-24           SECTION 2.  Subchapter D, Chapter 301, Labor Code, is amended

2-25     by adding Section 301.067 to read as follows:

2-26           Sec. 301.067.  CHILD CARE MARKET SURVEY; COMPENSATION RATE.

2-27     (a)  The commission shall conduct a biennial survey to determine

 3-1     the market price of child care services provided throughout the

 3-2     state.

 3-3           (b)  Unless prohibited by federal law, the commission shall

 3-4     compensate a provider of child care services under a program

 3-5     administered by the commission at a rate equal to at least 75

 3-6     percent of the market price of the services in the area in which

 3-7     the services are provided.

 3-8           SECTION 3.  Section 301.067(b), Labor Code, as added by this

 3-9     Act, does not apply to child care services provided under a

3-10     contract entered into by a child care provider before the effective

3-11     date of this Act.

3-12           SECTION 4.  The Texas Workforce Commission shall appoint the

3-13     advisory board required by Section 308.004, Labor Code, as added by

3-14     this Act, not later than October 1, 1997.

3-15           SECTION 5.  The importance of this legislation and the

3-16     crowded condition of the calendars in both houses create an

3-17     emergency and an imperative public necessity that the

3-18     constitutional rule requiring bills to be read on three several

3-19     days in each house be suspended, and this rule is hereby suspended,

3-20     and that this Act take effect and be in force from and after its

3-21     passage, and it is so enacted.