By: Barrientos S.B. No. 1496
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the reassignment of the responsibilities of the Child
1-3 Care Development Board.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 663.001 and 663.002, Government Code,
1-6 are amended to read as follows:
1-7 Sec. 663.001. DEFINITIONS. In this chapter:
1-8 (1) ["Board" means the Child Care Development Board.]
1-9 [(2)] "Child care facility" includes only a child care
1-10 facility established under this chapter.
1-11 (2) [(3)] "Child care program" means the program
1-12 developed by the commission [board] to provide child care services
1-13 for state employees.
1-14 (3) [(4)] "Commission" means the General Services
1-15 Commission.
1-16 (4) [(5)] "Committee" means the Child Care Advisory
1-17 Committee.
1-18 Sec. 663.002. DUTIES AND RESPONSIBILITIES NOT AFFECTED.
1-19 Sections 663.003, 663.103, 663.104, and 663.105 do not affect the
1-20 duties or responsibilities of the [board or] commission under
1-21 Section 2166.551.
1-22 SECTION 2. Subchapter B, Chapter 663, Government Code, is
1-23 amended to read as follows:
2-1 SUBCHAPTER B. CHILD CARE ADVISORY COMMITTEE
2-2 [DEVELOPMENT BOARD]
2-3 Sec. 663.051. [CHILD CARE DEVELOPMENT BOARD. The Child Care
2-4 Development Board is an agency of the state.]
2-5 [Sec. 663.052. COMPOSITION OF BOARD. (a) The board is
2-6 composed of:]
2-7 [(1) the governor;]
2-8 [(2) the lieutenant governor;]
2-9 [(3) the attorney general;]
2-10 [(4) the comptroller; and]
2-11 [(5) the commissioner of the General Land Office.]
2-12 [(b) An officer listed in Subsection (a) may designate a
2-13 representative to serve for the officer.]
2-14 [Sec. 663.053. STAFF, EQUIPMENT, AND SUPPLIES. The board
2-15 may use the staff, equipment, and supplies of an agency represented
2-16 on the board to assist the board as necessary in performing its
2-17 duties under this chapter.]
2-18 [Sec. 663.054.] ADVISORY COMMITTEE. (a) The commission
2-19 [board] shall appoint a child care advisory committee composed of
2-20 individuals who are interested in child care services for state
2-21 employees.
2-22 (b) The commission [board] may appoint to the committee:
2-23 (1) the executive directors of:
2-24 (A) the commission; and
2-25 (B) the Texas Department of Housing and
2-26 Community Affairs;
3-1 (2) two representatives of nonprofit organizations
3-2 involved with the delivery or support of child care services [a
3-3 representative of the child care working group of the United Way of
3-4 Texas;]
3-5 [(3) a representative of the Texas Association for the
3-6 Education of Young Children];
3-7 (3) [(4)] a representative of the corporate child
3-8 development fund;
3-9 (4) [(5)] a representative of child care providers;
3-10 (5) [(6)] one or more state employees subject to the
3-11 state classification plan:
3-12 (A) each of whom has at least one child in a
3-13 child care facility; and
3-14 (B) if more than one is appointed, each of whom
3-15 resides in a different geographic area of the state; and
3-16 (6) [(7)] one or more individuals knowledgeable in
3-17 child care services or the need of working individuals for child
3-18 care services.
3-19 (c) The committee shall advise the commission [board] on
3-20 the:
3-21 (1) location, size, and design of the child care
3-22 facilities; and
3-23 (2) curriculum a child care facility must provide to
3-24 ensure the provision of developmentally appropriate services of a
3-25 high quality.
3-26 Sec. 663.052 [663.055]. REPORT OF COMMISSION [BOARD].
4-1 (a) The commission [board or the board's designated
4-2 representative] shall report to the legislature each legislative
4-3 session.
4-4 (b) The report must:
4-5 (1) summarize the development and progress of the
4-6 child care program; and
4-7 (2) describe additional child care services needed by
4-8 state employees.
4-9 SECTION 3. Sections 663.101 through 663.104, Government
4-10 Code, are amended to read as follows:
4-11 Sec. 663.101. ADMINISTRATION OF CHILD CARE PROGRAM.
4-12 (a) The commission [board] shall provide child care services for
4-13 state employees by the development and administration of the child
4-14 care program.
4-15 (b) The commission [board] by rule may establish methods to
4-16 administer and supervise the child care program.
4-17 Sec. 663.102. STANDARDS OF CHILD CARE PROGRAM. The
4-18 commission [board] shall set specific performance standards for
4-19 child care services under the child care program that conform to
4-20 the standards of quality child care set by the National Association
4-21 for the Education of Young Children.
4-22 Sec. 663.103. SPECIFICATIONS FOR CHILD CARE FACILITY SITES.
4-23 The commission [board] shall set [give the commission the]
4-24 specifications for each child care facility site, including the
4-25 location, size, and design for the facility.
4-26 Sec. 663.104. ESTABLISHMENT OF CHILD CARE FACILITIES.
5-1 [(a)] To establish a child care facility, the commission[, at the
5-2 direction of the board,] shall:
5-3 (1) acquire necessary real and personal property,
5-4 including mobile and prefabricated buildings; or
5-5 (2) build, renovate, repair, or equip a building,
5-6 including constructing or placing a new building on real property
5-7 the state owns.
5-8 [(b) The board, in establishing a child care facility, must
5-9 specify the terms or conditions under which the commission is
5-10 required to act and may adopt a schedule for implementation of the
5-11 activity. The board may request, add to, or delete a term or
5-12 condition and may request a progress report from the commission.]
5-13 [(c) If activity is delayed or cannot be implemented under
5-14 the board's terms and conditions, the commission immediately shall
5-15 advise the board and may postpone further action until the
5-16 commission receives an instruction from the board.]
5-17 SECTION 4. Sections 663.106 through 663.111, Government
5-18 Code, are amended to read as follows:
5-19 Sec. 663.106. LEASE TO CHILD CARE PROVIDER. [(a)] The
5-20 commission shall lease to a child care provider selected by the
5-21 commission [board] a site for a child care facility at a reasonable
5-22 rate [set by the board].
5-23 [(b) The board by rule may require, or prohibit the
5-24 inclusion of, specified provisions in a lease.]
5-25 Sec. 663.107. NUMBER OF CHILDREN SERVED BY CHILD CARE
5-26 FACILITY. The commission [board] shall set the number of children
6-1 a child care facility may serve.
6-2 Sec. 663.108. DUTIES OF CHILD CARE PROVIDER. A provider for
6-3 a child care facility shall:
6-4 (1) obtain for the facility a license under Chapter
6-5 42, Human Resources Code;
6-6 (2) maintain liability insurance coverage by an
6-7 insurance company approved by the State Board of Insurance in an
6-8 amount approved by the commission [board];
6-9 (3) indemnify the state[, members of the board,] and
6-10 the commission from:
6-11 (A) a claim, demand, or cause of action asserted
6-12 by a person as a result of the facility's operation; and
6-13 (B) an act or omission of the provider or the
6-14 facility's personnel;
6-15 (4) provide furniture, equipment, toys, or other
6-16 materials necessary for the facility;
6-17 (5) keep a list of child care applicants who are
6-18 waiting for enrollment in the facility; and
6-19 (6) pay salaries and provide insurance for the
6-20 employees of the facility.
6-21 Sec. 663.109. MONITORING OF CHILD CARE FACILITIES. The
6-22 commission [board] shall monitor the activities and operations of a
6-23 child care facility by conducting regular visits to the facility
6-24 during operating hours to investigate, inspect, and evaluate the
6-25 services provided.
6-26 Sec. 663.110. ENROLLMENT IN CHILD CARE FACILITY. (a) The
7-1 commission [board] shall establish procedures for application for
7-2 enrollment in a child care facility established under this chapter.
7-3 (b) A provider for a child care facility shall give
7-4 preference in enrollment to the individual whose application date
7-5 is the earliest, except that the commission [board] may permit
7-6 enrollment because of a special circumstance as defined by the
7-7 commission [board], including financial need or other hardship.
7-8 Sec. 663.111. ADDITIONAL CHILD CARE FACILITIES. (a) The
7-9 commission [board] may begin procedures to establish another child
7-10 care facility when the number of applicants on a waiting list to
7-11 enroll in a facility is 50 or more.
7-12 (b) [The commission shall provide the board with a list of
7-13 sites available for a new or expanded child care facility not later
7-14 than the 120th day after the date on which the commission receives
7-15 from the board the specifications for a child care facility under
7-16 Section 663.103.]
7-17 [(c) If the commission cannot provide the board with a
7-18 suitable site, the board shall select a site that the board
7-19 considers suitable.]
7-20 [(d)] After a site has been selected, the commission shall
7-21 give priority to implementing the plan to prepare the child care
7-22 facility over other building construction, repairs, or renovations.
7-23 SECTION 5. Subsection (a), Section 663.113, Government Code,
7-24 is amended to read as follows:
7-25 (a) The commission [board] may solicit [a] private donations
7-26 [donation] of property or money for renovations, equipment, or
8-1 other items necessary to provide child care services.
8-2 SECTION 6. Section 1232.203, Government Code, is amended to
8-3 read as follows:
8-4 Sec. 1232.203. LEASE OF SPACE FOR [TO] CHILD CARE FACILITY
8-5 [DEVELOPMENT BOARD]. (a) The commission, when acting under
8-6 Chapter 663, [Child Care Development Board] is not an occupying
8-7 state agency for purposes of Section 1232.201.
8-8 (b) The commission or the appropriate state agency[, with
8-9 the cooperation and assistance of the Child Care Development
8-10 Board,] shall include in the schedules developed under Section
8-11 1232.201(a) the method of charging state agencies that occupy all
8-12 or part of a building to which Section 1232.201 applies for the
8-13 space in the building that is used for a child-care facility under
8-14 Chapters 663, 2165, and 2166.
8-15 (c) An occupying agency's share shall be determined at least
8-16 in part on the ratio of the number of the occupying agency's
8-17 employees who work in the building to the total number of state
8-18 employees who work in the building.
8-19 SECTION 7. Section 2165.103, Government Code, is amended to
8-20 read as follows:
8-21 Sec. 2165.103. CHILD CARE FACILITY [DEVELOPMENT BOARD]
8-22 STANDARDS. (a) The commission, in consultation with the Child
8-23 Care Advisory Committee, [Development Board by rule] shall by rule
8-24 adopt standards regarding the type, size, and location of child
8-25 care services that may be needed by a state agency based on an
8-26 agency's location and employee demographics.
9-1 (b) The commission shall apply standards adopted [by the
9-2 board] under this section in fulfilling the commission's
9-3 responsibilities relating to the establishment of child care
9-4 facilities.
9-5 SECTION 8. Subsections (b) and (c), Section 2165.206,
9-6 Government Code, are amended to read as follows:
9-7 (b) If the commission allocates space for the purpose of
9-8 providing child care services for state employees, the commission
9-9 shall designate the use of the space most appropriate for child
9-10 care [at the direction of the Child Care Development Board].
9-11 (c) Notwithstanding any other provision of this subtitle,
9-12 the commission shall lease at a rate set by the commission [Child
9-13 Care Development Board] suitable space in state-owned buildings to
9-14 child care providers selected [by the board,] as provided by
9-15 Chapter 663.
9-16 SECTION 9. Subsection (b), Section 2165.207, Government
9-17 Code, is amended to read as follows:
9-18 (b) If the space is leased for the purpose of providing
9-19 child care services for state employees, the commission [Child Care
9-20 Development Board, in its sole discretion,] may select the child
9-21 care provider through procedures other than competitive bidding.
9-22 SECTION 10. Subsection (b), Section 2165.208, Government
9-23 Code, is amended to read as follows:
9-24 (b) The commission shall furnish utilities and custodial
9-25 services to a child care provider selected by the commission under
9-26 Chapter 663 [Child Care Development Board] at cost.
10-1 SECTION 11. Sections 2165.209 and 2165.210, Government Code,
10-2 are amended to read as follows:
10-3 Sec. 2165.209. Subleases and Assignments. [(a)] The
10-4 commission may permit a private tenant to sublease or assign space
10-5 that the tenant leases. The commission must approve in writing all
10-6 subleases and assignments of leases.
10-7 [(b) If the private tenant is a child care provider, the
10-8 Child Care Development Board must also approve in writing a
10-9 sublease or assignment of the lease.]
10-10 Sec. 2165.210. Refusal to Lease Space or Permit an Activity.
10-11 The commission may refuse to lease space to a person or to permit
10-12 an activity in a space if the commission considers the refusal to
10-13 be in the state's best interests[, except that on the Child Care
10-14 Development Board's selection and approval of suitable space for a
10-15 child care facility in a state-owned building, the commission may
10-16 not refuse to lease the space to that child care provider].
10-17 SECTION 12. Section 2166.551, Government Code, is amended to
10-18 read as follows:
10-19 Sec. 2166.551. Child Care Facility in State Building.
10-20 (a) The commission, in consultation with the Child Care Advisory
10-21 Committee, [Development Board] shall determine whether a child care
10-22 facility may be included in a state-owned office building
10-23 constructed after September 1, 1989, that contains 100,000 square
10-24 feet or more of net usable space [and shall notify the commission
10-25 of that determination].
10-26 (b) Before developing a rehabilitation or renovation plan
11-1 for [The commission shall notify the Child Care Development Board
11-2 of] a project to rehabilitate or renovate substantially an existing
11-3 state-owned office building containing 100,000 square feet or more
11-4 of net usable space [before developing the rehabilitation or
11-5 renovation plan.]
11-6 [(c) Not later than the 30th day after the date the Child
11-7 Care Development Board receives the notice required by Subsection
11-8 (b)], the commission, in consultation with the Child Care Advisory
11-9 Committee, [board] shall determine whether a child care facility
11-10 may be included in the rehabilitation or renovation project [and
11-11 shall notify the commission of that determination].
11-12 (c) [(d)] The commission shall include a child care facility
11-13 in a construction, rehabilitation, or renovation project if the
11-14 commission, in consultation with the Child Care Advisory Committee,
11-15 [Development Board] determines that the child care facility should
11-16 be included.
11-17 SECTION 13. Subsections (a), (d), and (e), Section 2167.104,
11-18 Government Code, are amended to read as follows:
11-19 (a) Subject to restrictions imposed by a lease or other
11-20 enforceable contract, the commission, [at the direction of the
11-21 Child Care Development Board and] at the request of the occupying
11-22 agency, shall sublease part of a space leased under this chapter to
11-23 a child care provider for the operation of a child care facility.
11-24 (d) The occupying agency and the commission [Child Care
11-25 Development Board] may agree to:
11-26 (1) procedures relating to the selection of the child
12-1 care provider;
12-2 (2) granting some preference in enrollment to children
12-3 of officers and employees of the occupying state agency; and
12-4 (3) any other matter regarding the operation of the
12-5 child care facility.
12-6 (e) The commission shall sublease space under this section
12-7 to a child care provider approved by the commission under Chapter
12-8 663 [Child Care Development Board] at a rate set by the commission
12-9 [board].
12-10 SECTION 14. Subsection (b), Section 81.002, Labor Code, is
12-11 amended to read as follows:
12-12 (b) The executive director of the commission shall appoint
12-13 the members of the committee, to be composed of not more than 12
12-14 members. The committee must be composed of corporate, consumer,
12-15 and provider representatives from the public and private sectors.
12-16 [One member of the committee must be a representative of the Child
12-17 Care Development Board.]
12-18 SECTION 15. (a) This Act takes effect September 1, 2001.
12-19 (b) The Child Care Development Board is abolished on the
12-20 effective date of this Act.
12-21 (c) The rules, policies, procedures, and decisions of the
12-22 Child Care Development Board are continued in effect as rules,
12-23 policies, procedures, and decisions of the General Services
12-24 Commission until superseded by rule or other appropriate action of
12-25 the General Services Commission.
12-26 (d) The change in law made by this Act does not affect the
13-1 validity of any action taken by the Child Care Development Board
13-2 before the effective date of this Act.