By Villarreal H.B. No. 3577
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of child care services.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1. DEFINITION OF QUALITY CHILD CARE PROGRAMS
1-5 SECTION 1.01. Chapter 44, Human Resource Code, is amended by
1-6 adding Section 44.034(c) to read as follows:
1-7 Section 44.034(c). The executive director of the commission
1-8 shall define quality child care programs as those programs that
1-9 provide a safe and nurturing environment while promoting the
1-10 physical, social, emotional, and intellectual development of young
1-11 children. Quality child care programs include:
1-12 (1) frequent, positive, warm interaction among adults
1-13 and children,
1-14 (2) planned learning activities appropriate to
1-15 children's age and development,
1-16 (3) specially trained teachers,
1-17 (4) enough adults to respond to individual children,
1-18 (5) many, varied age-appropriate materials,
1-19 (6) a healthy and safe environment for children,
1-20 (7) nutritious meals and/or snacks,
1-21 (8) regular communication with parents who are
1-22 welcomed to observe, discuss, and recommend policies, and
1-23 participate in programs activities at all times.
2-1 (9) effective administration, and
2-2 (10) ongoing, systematic evaluation.
2-3 ARTICLE 2. CHILD-CARE RESOURCE AND REFERRAL NETWORK
2-4 SECTION 2.01. Subtitle B, Title 4, Labor Code, is amended by
2-5 adding Chapter 310 to read as follows:
2-6 CHAPTER 310. CHILD-CARE RESOURCE AND REFERRAL NETWORK
2-7 Sec. 310.001. DEFINITIONS. In this chapter:
2-8 (1) "Member" means a nonprofit public or private
2-9 organization that contracts with the commission to provide
2-10 child-care resource and referral services.
2-11 (2) "Network" means the child-care resource and
2-12 referral network administered by the commission.
2-13 (3) "Service area" means the geographic area for which
2-14 a member has contracted to provide child-care resource and referral
2-15 services.
2-16 Sec. 310.002. CHILD-CARE RESOURCE AND REFERRAL NETWORK. (a)
2-17 The commission, through funds allocated to the commission as the
2-18 agency designated to administer the grant under the Child Care and
2-19 Development Block Grant Act of 1990 (42 U.S.C. Section 9858 et
2-20 seq.), as amended, and specifically appropriated to the commission
2-21 for that purpose, shall:
2-22 (1) develop a child-care resource and referral
2-23 network; and
2-24 (2) administer the network in compliance with the
2-25 requirements of the block grant program.
2-26 (b) To develop the network required by this section, the
3-1 commission shall use a system of competitive procurement to award
3-2 contracts to nonprofit public and private organizations that have
3-3 proven experience in child care.
3-4 (c) A contract awarded under this section must specify the
3-5 service are for which a member shall provide resource and referral
3-6 services.
3-7 (d) To the extent funds from the block grant program are
3-8 available for that purpose, the commission shall award contracts
3-9 under this section in a manner that will allow for the provision of
3-10 child-care resource and referral services in each region of this
3-11 state that demonstrates a need for the services.
3-12 Sec. 310.003. RESOURCE SERVICES. (a) A member of the
3-13 network shall provide and continually update resource information
3-14 regarding child-care services in each county of this state that is
3-15 included in the member's service area, including:
3-16 (1) the name, address, and telephone number of each
3-17 day-care center, group day-care home, and family home located in
3-18 the county;
3-19 (2) information relating to the services provided by
3-20 the day-care center, group day-care home, or family home,
3-21 including:
3-22 (A) the designation of the facility as a
3-23 day-care center, group day-care home, or family home under Chapter
3-24 42, Human Resources Code;
3-25 (B) the group size for each age group receiving
3-26 care;
4-1 (C) the ages of children accepted for child
4-2 care;
4-3 (D) the ability of the facility to accept
4-4 additional children for child care;
4-5 (E) the level of training of staff and
4-6 management of the facility;
4-7 (F) the hours during which services are
4-8 available at the facility;
4-9 (G) the cost of child care at the facility; and
4-10 (H) the types of public subsidies accepted at
4-11 the facility or the types of scholarships or other financial
4-12 assistance offered by the facility; and
4-13 (3) information to educate consumers regarding general
4-14 child-care issues.
4-15 (b) The commission and the Department of Protective
4-16 Regulatory Services shall provide assistance to the member in
4-17 collecting, aggregating, and updating the information required by
4-18 Subsection (a).
4-19 Sec. 310.004. REFERRAL SERVICES. (a) A member of the
4-20 network shall provide referral services to:
4-21 (1) a person who is seeking child care, including a
4-22 person who is referred by a local workforce development board; and
4-23 (2) an employer in the service area seeking child-care
4-24 assistance for an employee through:
4-25 (A) a consultation regarding the availability of
4-26 child care; or
5-1 (B) a contract to provide specialized services
5-2 to the employer or its employees.
5-3 (b) Child-care referrals must be:
5-4 (1) available by telephone;
5-5 (2) accessible through all career development centers
5-6 located in a local workforce development area in which a local
5-7 workforce development board has been certified and a local plan has
5-8 been approved by the governor; and
5-9 (3) provided only for child-care facilities that are
5-10 licensed, listed, or registered under Chapter 42, Human Resources
5-11 Code, or programs or other types of child care that are exempt from
5-12 state regulation.
5-13 (c) A member of the network shall, in addition to providing
5-14 referrals to child care, provide referrals to support services
5-15 available in the service area, including:
5-16 (1) parenting education classes; and
5-17 (2) services for parents or children offered by health
5-18 and human services agencies, as defined by Section 531.001,
5-19 Government Code.
5-20 Sec. 310.005. COLLECTION OF CHILD-CARE DATA. (a) A member
5-21 of the network shall maintain records of requests made to the
5-22 member for resources and referrals shall make the records available
5-23 in an aggregate format to state and local agencies and private
5-24 organizations.
5-25 (b) The records required by Subsection (a) must include:
5-26 (1) the number of requests made for resources and
6-1 referrals during a specified period;
6-2 (2) the age of each child for whom a request for
6-3 resources and referrals is made;
6-4 (3) for each person requesting resources and
6-5 referrals:
6-6 (A) the hours during which the person is seeking
6-7 child care; and
6-8 (B) the reason the person is seeking child care;
6-9 and
6-10 (4) any other information as determined by the
6-11 commission to be useful in assessing the supply and demand for
6-12 child-care information and services in the service area.
6-13 (c) The commission shall provide assistance to the member in
6-14 collecting, aggregating, and updating the records required by this
6-15 section.
6-16 Sec. 310.006. ASSISTANCE FOR CHILD-CARE PROVIDERS. (a) A
6-17 member of the network shall provide to a child-care provider or a
6-18 person interested in becoming a child-care provider information
6-19 about:
6-20 (1) the general requirements for applying for and
6-21 maintaining a license, listing, or registration under Chapter 42,
6-22 Human Resources Code;
6-23 (2) the availability of:
6-24 (A) financial resources, including loans
6-25 available under the linked deposit program established under
6-26 Section 481.193, Government Code;
7-1 (B) educational, technical, and other training
7-2 opportunities, including management skills training and continuing
7-3 education programs for operators and employees of those child-care
7-4 facilities; and
7-5 (C) services provided by and a toll-free
7-6 telephone number of the Texas Business and Community Economic
7-7 Development Clearinghouse established under Section 481.167,
7-8 Government Code; and
7-9 (3) current issues affecting the delivery of
7-10 child-care services.
7-11 (b) The commission and the Department of Protective and
7-12 Regulatory Services shall provide assistance to the member in
7-13 collecting, aggregating, and updating the information required by
7-14 Subsection (a).
7-15 Sec. 310.007. ADVERTISEMENT OF SERVICES. (a) A member of
7-16 the network shall inform parent's child-care consumers, child-care
7-17 providers, and employers located in the member's service area of:
7-18 (1) the resource and referral services available from
7-19 the network; and
7-20 (2) the methods by which a person may contact the
7-21 member to access resource and referral services.
7-22 (b) The member may provide the information under Subsection
7-23 (a) through the media and alternative means, including:
7-24 (1) local community, job, and health fairs;
7-25 (2) public service announcements and advertisements;
7-26 (3) career development centers;
8-1 (4) offices of health and human services agencies
8-2 located in the service area; and
8-3 (5) direct contacts with employers and child-care
8-4 providers located in the service area.
8-5 (c) In addition to the means described by Subsection (b),
8-6 the member may provide the information under Subsection (a) to
8-7 child-care providers located in the member's service area through:
8-8 (1) solicitation of child-care providers;
8-9 (2) information provided to child-care providers by
8-10 the Department of Protective and Regulatory Services; and
8-11 (3) orientations and referrals for child-care
8-12 providers provided by the Department of Protective and Regulatory
8-13 Services.
8-14 Sec. 310.008. STATEWIDE DATA COLLECTION. (a) The commission
8-15 shall collect from each member of the network data maintained by
8-16 the member in an aggregate format under Section 310.005. Based on
8-17 the data, the commission shall compile statistics for each region
8-18 of this state regarding the supply and demand for child-care
8-19 information and services and shall update the statistics each
8-20 fiscal quarter.
8-21 (b) The commission shall make the data and statistics
8-22 required by Subsection (a) available to state and local agencies
8-23 and private organization.
8-24 Sec. 310.009. RULES. The commission may adopt rules
8-25 necessary to implement this chapter, including rules regarding the
8-26 minimum qualifications required for an organization to be awarded a
9-1 contract under this chapter.
9-2 SECTION 2.02 The Texas Workforce Commission shall award
9-3 contracts to establish the child-care resource and referral network
9-4 required by Chapter 310, Labor Code, as added by this Article, not
9-5 later than the first day of every even year.
9-6 ARTICLE 3. INVENTORY OF QUALITY CHILD CARE PROGRAMS
9-7 SECTION 3.01. Subchapter A, Chapter 302, Labor Code, is
9-8 amended by adding Section 302.0045 to read as follows:
9-9 Sec. 302.0045. COLLECTION OF STATE AND LOCAL INFORMATION.
9-10 (a) The commission shall collect state and local information
9-11 relating to the workforce development services provided in this
9-12 state. The commission shall assess the information collected and
9-13 evaluate the effectiveness of the services, with particular
9-14 emphasis on the extent to which local workforce development boards
9-15 are spending money allocated to the boards on quality programs.
9-16 (b) In performing its duties under this section, the
9-17 commission shall report to the legislature and other interested
9-18 persons on local programs and services that show promise in
9-19 expanding access to quality early education.
9-20 ARTICLE 4. QUALITY CHILD-CARE DEMONSTRATION GRANTS
9-21 SECTION 4.01. Subchapter D, Chapter 301, Labor Code, is
9-22 amended by adding Section 301.069 to read as follows:
9-23 Sec. 301.069. CHILD-CARE DEMONSTRATION PROJECT GRANTS. (a)
9-24 The commission shall make grants available on a one-time basis to
9-25 local workforce development boards to enable the boards to design
9-26 and implement child-care demonstration projects. The commission
10-1 shall make at least 12 but not more than 16 grants available and
10-2 shall award the grants through a competitive bidding process.
10-3 (b) A local workforce development board that receives a
10-4 grant under this section shall use the grant to design and
10-5 implement a demonstration project that:
10-6 (1) expands child-care services in under-served rural
10-7 local workforce development areas, including:
10-8 (A) home-based child-care services;
10-9 (B) child-care services at nontraditional times,
10-10 including services that accommodate the child-care needs of parents
10-11 who work shift-schedules, evenings, and weekends; and
10-12 (C) services to link child-care programs,
10-13 pre-kindergarten programs under Subchapter E, Chapter 29, Education
10-14 Code, and the federal Head Start program;
10-15 (2) creates or expands existing pilot programs based
10-16 on demonstrated models, including the North Carolina T.E.A.C.H.
10-17 project, that provide strategies for successfully recruiting and
10-18 retaining child-care providers;
10-19 (3) creates pilot programs designed to assist
10-20 low-income, at-risk parents receiving child-care services provided
10-21 by the commission with career counseling and locating employment
10-22 with the potential for career advancement; and
10-23 (4) develops initiatives that foster school readiness
10-24 in young children and encourage pre-reading and problem-solving
10-25 skills in those children.
10-26 (c) To be eligible for a grant under this section, a local
11-1 workforce development board must:
11-2 (1) conduct the demonstration project for which the
11-3 grant is made:
11-4 (A) for a period of at least 12 but not more
11-5 than 24 months on an annual budget of not more than $400,000; and
11-6 (B) in a manner that allows replication of the
11-7 project in whole or part by other local workforce development
11-8 boards to address similar child-care service needs in under-served
11-9 local workforce development areas; and
11-10 (2) use the grant to directly provide child-care
11-11 services that, at the conclusion of the demonstration project, will
11-12 be funded through existing local workforce development board
11-13 resources for child-care services or other local resources.
11-14 ARTICLE 5. SCHOLARSHIPS FUNDED BY THE FEDERAL
11-15 CHILD CARE DEVELOPMENT FUND
11-16 SECTION 5.01. Sections 302.006(c) and (e), Labor Code, as
11-17 added by Chapter 1433, Acts of the 76th Legislature, Regular
11-18 Session, 1999, are amended to read as follows:
11-19 (c) To be eligible to receive a scholarship awarded under
11-20 this section, a person must:
11-21 (1) be employed in a child-care facility, as defined
11-22 by Section 42.002, Human Resources Code;
11-23 (2) intend to obtain a credential, certificate, or
11-24 degree specified in Subsection (b);
11-25 (3) agree to work for at least 18 additional months in
11-26 a child-care facility, as defined by Section 42.002, Human
12-1 Resources Code, that is located within an underperforming school
12-2 district or an economically disadvantaged community [for at least
12-3 18 additional months]; and
12-4 (4) satisfy any other requirements adopted by the
12-5 commission.
12-6 (e) In addition, the commission may provide for payment of a
12-7 bonus or wage supplementation to a scholarship recipient who for 18
12-8 months after the date of receiving the scholarship provides care
12-9 for children younger than six years of age while remaining in the
12-10 employment of the child-care facility that employed the person when
12-11 the scholarship was awarded. Any bonus or wage supplementation
12-12 provided under this subsection shall be paid in equal shares by the
12-13 scholarship recipient's employer and the commission. The
12-14 commission shall determine the amount of any bonus and the amount
12-15 and duration of any wage supplementation provided under this
12-16 subsection.
12-17 SECTION 5.02. The change in law made by this article applies
12-18 only to a recipient of a scholarship funded by the federal Child
12-19 Care Development Fund who accepts the scholarship on or after the
12-20 effective date of this article.
12-21 ARTICLE 6. ALLOCATION OF CHILD CARE FUNDS
12-22 SECTION 6.01. Section 302.062(b), Labor Code, is amended to
12-23 read as follows:
12-24 (b) Except as otherwise provided by this subsection, in [In]
12-25 the case of funds that are allocated to this state or regions of
12-26 this state through the application of established formulas, the
13-1 commission shall allocate amounts across the state using the same
13-2 formula that was used to provide the funds to the state or that
13-3 region. The commission shall allocate funds for child care
13-4 services through the application of a need-based formula only. The
13-5 need-based formula applied under this subsection must be designed
13-6 to target services to children from households having income of not
13-7 more than 85 percent of the state median income.
13-8 ARTICLE 7. EFFECTIVE DATE
13-9 SECTION 7.01. This Act takes effect immediately if it
13-10 receives a vote of two-thirds of all the members elected to each
13-11 house, as provided by Section 39, Article III, Texas Constitution.
13-12 If this Act does not receive the vote necessary for immediate
13-13 effect, this Act takes effect September 1, 2001.