By Moncrief                                            S.B. No. 833
         77R4009 CBH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to child-care services and to an exemption from the sales
 1-3     and use tax for certain equipment purchased or used to provide
 1-4     child-care services.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  SALES AND USE TAX EXEMPTION. (a)  The legislature
 1-7     finds that:
 1-8                 (1)  this state is experiencing a shortage of
 1-9     affordable child care;
1-10                 (2)  the cost of child care in this state is growing at
1-11     a rate few parents can afford;
1-12                 (3)  publicly subsidized child care does not meet the
1-13     current need for child care in low-income families in this state;
1-14     and
1-15                 (4)  it is necessary to offer incentives and
1-16     opportunities to child-care facilities to provide affordable child
1-17     care to low-income families in this state.
1-18           (b)  The purpose of this section is to offer tax relief to
1-19     child-care facilities that demonstrate an effort to assist this
1-20     state in addressing the need for affordable and high-quality child
1-21     care to low-income families.
1-22           (c)  Subchapter H, Chapter 151, Tax Code, is amended by
1-23     adding Section 151.333 to read as follows:
1-24           Sec. 151.333.  ITEMS PURCHASED OR USED BY CERTAIN CHILD-CARE
 2-1     FACILITIES. (a)  In this section, "child-care facility" has the
 2-2     meaning assigned by Section 42.002, Human Resources Code.
 2-3           (b)  A taxable item sold, leased, or rented to or stored,
 2-4     used, or consumed by a child-care facility that meets the
 2-5     requirements prescribed by Subsection (d) is exempt from the taxes
 2-6     imposed by this chapter if the taxable item is used in the
 2-7     provision of child-care services.
 2-8           (c)  Taxable items exempt under this section include:
 2-9                 (1)  furniture;
2-10                 (2)  cleaning supplies;
2-11                 (3)  computer hardware and software;
2-12                 (4)  office supplies;
2-13                 (5)  rugs, mats, and pillows;
2-14                 (6)  books and educational, writing, and coloring
2-15     supplies;
2-16                 (7)  kitchen appliances and other food preparation
2-17     equipment; and
2-18                 (8)  recreational equipment.
2-19           (d)  A child-care facility qualifies for the exemption
2-20     provided by this section only if at least 25 percent of the
2-21     children receiving child-care services at the facility are from
2-22     families whose household income is  not more than 85 percent of the
2-23     state median income, adjusted for family size.  In determining
2-24     whether a child-care facility qualifies under this section, the
2-25     facility may not include children whose child-care costs are
2-26     subsidized by federal child-care development funds.
2-27           (e)  The child-care facility must give the seller an
 3-1     exemption certificate that certifies in writing to the seller that
 3-2     the child-care facility has qualified for exemption under this
 3-3     section and that the taxable item qualifies as exempt under this
 3-4     section.
 3-5           SECTION 2. NEEDS ASSESSMENT. Subchapter C, Chapter 40, Human
 3-6     Resources Code, is amended by adding Section 40.0526 to read as
 3-7     follows:
 3-8           Sec. 40.0526.  NEEDS ASSESSMENT FOR CHILD-CARE SERVICES. (a)
 3-9     The department shall conduct a statewide assessment of the need for
3-10     child-care services that, at a minimum:
3-11                 (1)  evaluates existing services;
3-12                 (2)  identifies general gaps in statewide and urban
3-13     services;
3-14                 (3)  identifies gaps in services delivered to specific
3-15     age groups; and
3-16                 (4)  identifies barriers to the delivery of services.
3-17           (b)  The department may work with organizations that provide
3-18     child-care resources and referrals, including the Texas Association
3-19     of Child Care Resource and Referral Agencies, to complete the
3-20     assessment required by Subsection (a).
3-21           SECTION 3. TRAINING.  Section 42.0421(a), Human Resources
3-22     Code, is amended to read as follows:
3-23           (a)  The minimum training standards prescribed by the
3-24     department under Section 42.042(p) for an employee of a day-care
3-25     center or group day-care home must include:
3-26                 (1)  eight hours of initial training for an employee of
3-27     a day-care center who has no previous training or employment
 4-1     experience in a regulated child-care facility, to be completed
 4-2     before the employee is given responsibility for a group of
 4-3     children;
 4-4                 (2)  15 hours of annual training for each employee of a
 4-5     day-care center or group day-care home, excluding the director,
 4-6     which must include at least six hours of training in one or more of
 4-7     the following areas:
 4-8                       (A)  child growth and development;
 4-9                       (B)  guidance and discipline;
4-10                       (C)  age-appropriate curriculum; and
4-11                       (D)  teacher-child interaction; and
4-12                 (3)  20 hours of annual training for each director of a
4-13     day-care center or group day-care home, which must include at least
4-14     six hours of training in one or more of the following areas:
4-15                       (A)  child growth and development;
4-16                       (B)  guidance and discipline;
4-17                       (C)  age-appropriate curriculum; and
4-18                       (D)  teacher-child interaction.
4-19           SECTION 4. INSPECTIONS.  Section 42.0442, Human Resources
4-20     Code, is amended by adding Subsection (c) to read as follows:
4-21           (c)  The interagency task force shall establish an inspection
4-22     checklist based on the inspection protocol developed under
4-23     Subsection (b).  Each state agency that inspects a facility listed
4-24     in Subsection (a) shall use the inspection checklist in performing
4-25     an inspection.  The department shall collect from each state agency
4-26     the data gathered from the checklists and enter the data into the
4-27     inspection information database established under Section 42.0443.
 5-1           SECTION 5. DESIGNATION OF SCHOOL BUS LOCATION.  Section
 5-2     34.007(b), Education Code, is amended to read as follows:
 5-3           (b)  In establishing and operating the transportation system,
 5-4     the county or school district board:
 5-5                 (1)  shall employ school bus drivers certified in
 5-6     accordance with standards and qualifications adopted by the
 5-7     Department of Public Safety; and
 5-8                 (2)  may allow a parent to designate a child-care
 5-9     facility, as defined by Section 42.002, Human Resources Code,
5-10     instead of the child's residence as the regular location for
5-11     purposes of obtaining transportation under the system to and from
5-12     the child's school.
5-13           SECTION 6. TRANSPORTATION ALLOTMENT.  Section 42.155,
5-14     Education Code, is amended by adding Subsection (k) to read as
5-15     follows:
5-16           (k)  Notwithstanding any other provision of this section, the
5-17     commissioner may not reduce the allotment to which a district or
5-18     county is entitled under this section because the district or
5-19     county provides transportation for an eligible student to and from
5-20     a child-care facility, as defined by Section 42.002, Human
5-21     Resources Code, instead of the student's residence, as authorized
5-22     by Section 34.007, if the transportation is provided within the
5-23     approved routes of the district or county for the school the
5-24     student attends.
5-25           SECTION 7.  EFFECTIVE DATE.  (a)  Except as provided by
5-26     Subsection (b) of this section, this Act takes effect September 1,
5-27     2001.
 6-1           (b)  Section 151.333, Tax Code, as added by this Act, takes
 6-2     effect October 1, 2001.