1-1     By:  Barrientos                                       S.B. No. 1496
 1-2           (In the Senate - Filed March 9, 2001; March 13, 2001, read
 1-3     first time and referred to Committee on Health and Human Services;
 1-4     April 10, 2001, reported favorably by the following vote:  Yeas 7,
 1-5     Nays 0; April 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the reassignment of the responsibilities of the Child
 1-9     Care Development Board.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Sections 663.001 and 663.002, Government Code,
1-12     are amended to read as follows:
1-13           Sec. 663.001.  DEFINITIONS.  In this chapter:
1-14                 (1)  ["Board" means the Child Care Development Board.]
1-15                 [(2)]  "Child care facility" includes only a child care
1-16     facility established under this chapter.
1-17                 (2) [(3)]  "Child care program" means the program
1-18     developed by the commission [board] to provide child care services
1-19     for state employees.
1-20                 (3) [(4)]  "Commission" means the General Services
1-21     Commission.
1-22                 (4) [(5)]  "Committee" means the Child Care Advisory
1-23     Committee.
1-24           Sec. 663.002.  DUTIES AND RESPONSIBILITIES NOT AFFECTED.
1-25     Sections 663.003, 663.103, 663.104, and 663.105 do not affect the
1-26     duties or responsibilities of the [board or] commission under
1-27     Section 2166.551.
1-28           SECTION 2.  Subchapter B, Chapter 663, Government Code, is
1-29     amended to read as follows:
1-30                 SUBCHAPTER B. CHILD CARE ADVISORY COMMITTEE
1-31                             [DEVELOPMENT BOARD]
1-32           Sec. 663.051.  [CHILD CARE DEVELOPMENT BOARD.  The Child Care
1-33     Development Board is an agency of the state.]
1-34           [Sec. 663.052.  COMPOSITION OF BOARD.  (a)  The board is
1-35     composed of:]
1-36                 [(1)  the governor;]
1-37                 [(2)  the lieutenant governor;]
1-38                 [(3)  the attorney general;]
1-39                 [(4)  the comptroller; and]
1-40                 [(5)  the commissioner of the General Land Office.]
1-41           [(b)  An officer listed in Subsection (a) may designate a
1-42     representative to serve for the officer.]
1-43           [Sec. 663.053.  STAFF, EQUIPMENT, AND SUPPLIES.  The board
1-44     may use the staff, equipment, and supplies of an agency represented
1-45     on the board to assist the board as necessary in performing its
1-46     duties under this chapter.]
1-47           [Sec. 663.054.]  ADVISORY COMMITTEE.  (a)  The commission
1-48     [board] shall appoint a child care advisory committee composed of
1-49     individuals who are interested in child care services for state
1-50     employees.
1-51           (b)  The commission [board] may appoint to the committee:
1-52                 (1)  the executive directors of:
1-53                       (A)  the commission; and
1-54                       (B)  the Texas Department of Housing and
1-55     Community Affairs;
1-56                 (2)  two representatives of nonprofit organizations
1-57     involved with the delivery or support of child care services [a
1-58     representative of the child care working group of the United Way of
1-59     Texas;]
1-60                 [(3)  a representative of the Texas Association for the
1-61     Education of Young Children];
1-62                 (3) [(4)]  a representative of the corporate child
1-63     development fund;
1-64                 (4) [(5)]  a representative of child care providers;
 2-1                 (5) [(6)]  one or more state employees subject to the
 2-2     state classification plan:
 2-3                       (A)  each of whom has at least one child in a
 2-4     child care facility; and
 2-5                       (B)  if more than one is appointed, each of whom
 2-6     resides in a different geographic area of the state; and
 2-7                 (6) [(7)]  one or more individuals knowledgeable in
 2-8     child care services or the need of working individuals for child
 2-9     care services.
2-10           (c)  The committee shall advise the commission [board] on
2-11     the:
2-12                 (1)  location, size, and design of the child care
2-13     facilities; and
2-14                 (2)  curriculum a child care facility must provide to
2-15     ensure the provision of developmentally appropriate services of a
2-16     high quality.
2-17           Sec. 663.052 [663.055].  REPORT OF COMMISSION [BOARD].
2-18     (a)  The commission [board or the board's designated
2-19     representative] shall report to the legislature each legislative
2-20     session.
2-21           (b)  The report must:
2-22                 (1)  summarize the development and progress of the
2-23     child care program; and
2-24                 (2)  describe additional child care services needed by
2-25     state employees.
2-26           SECTION 3.  Sections 663.101 through 663.104, Government
2-27     Code, are amended to read as follows:
2-28           Sec. 663.101.  ADMINISTRATION OF CHILD CARE PROGRAM.
2-29     (a)  The commission [board] shall provide child care services for
2-30     state employees by the development and administration of the child
2-31     care program.
2-32           (b)  The commission [board] by rule may establish methods to
2-33     administer and supervise the child care program.
2-34           Sec. 663.102.  STANDARDS OF CHILD CARE PROGRAM.  The
2-35     commission [board] shall set specific performance standards for
2-36     child care services under the child care program that conform to
2-37     the standards of quality child care set by the National Association
2-38     for the Education of Young Children.
2-39           Sec. 663.103.  SPECIFICATIONS FOR CHILD CARE FACILITY SITES.
2-40     The commission [board] shall set [give the commission the]
2-41     specifications for each child care facility site, including the
2-42     location, size, and design for the facility.
2-43           Sec. 663.104.  ESTABLISHMENT OF CHILD CARE FACILITIES.
2-44     [(a)]  To establish a child care facility, the commission[, at the
2-45     direction of the board,] shall:
2-46                 (1)  acquire necessary real and personal property,
2-47     including mobile and prefabricated buildings; or
2-48                 (2)  build, renovate, repair, or equip a building,
2-49     including constructing or placing a new building on real property
2-50     the state owns.
2-51           [(b)  The board, in establishing a child care facility, must
2-52     specify the terms or conditions under which the commission is
2-53     required to act and may adopt a schedule for implementation of the
2-54     activity.  The board may request, add to, or delete a term or
2-55     condition and may request a progress report from the commission.]
2-56           [(c)  If activity is delayed or cannot be implemented under
2-57     the board's terms and conditions, the commission immediately shall
2-58     advise the board and may postpone further action until the
2-59     commission receives an instruction from the board.]
2-60           SECTION 4.  Sections 663.106 through 663.111, Government
2-61     Code, are amended to read as follows:
2-62           Sec. 663.106.  LEASE TO CHILD CARE PROVIDER.  [(a)]  The
2-63     commission shall lease to a child care provider selected by the
2-64     commission [board] a site for a child care facility at a reasonable
2-65     rate [set by the board].
2-66           [(b)  The board by rule may require, or prohibit the
2-67     inclusion of, specified provisions in a lease.]
2-68           Sec. 663.107.  NUMBER OF CHILDREN SERVED BY CHILD CARE
2-69     FACILITY.  The commission [board] shall set the number of children
 3-1     a child care facility may serve.
 3-2           Sec. 663.108.  DUTIES OF CHILD CARE PROVIDER.  A provider for
 3-3     a child care facility shall:
 3-4                 (1)  obtain for the facility a license under Chapter
 3-5     42, Human Resources Code;
 3-6                 (2)  maintain liability insurance coverage by an
 3-7     insurance company approved by the State Board of Insurance in an
 3-8     amount approved by the commission [board];
 3-9                 (3)  indemnify the state[, members of the board,] and
3-10     the commission from:
3-11                       (A)  a claim, demand, or cause of action asserted
3-12     by a person as a result of the facility's operations; and
3-13                       (B)  an act or omission of the provider or the
3-14     facility's personnel;
3-15                 (4)  provide furniture, equipment, toys, or other
3-16     materials necessary for the facility;
3-17                 (5)  keep a list of child care applicants who are
3-18     waiting for enrollment in the facility; and
3-19                 (6)  pay salaries and provide insurance for the
3-20     employees of the facility.
3-21           Sec. 663.109.  MONITORING OF CHILD CARE FACILITIES.  The
3-22     commission [board] shall monitor the activities and operations of a
3-23     child care facility by conducting regular visits to the facility
3-24     during operating hours to investigate, inspect, and evaluate the
3-25     services provided.
3-26           Sec. 663.110.  ENROLLMENT IN CHILD CARE FACILITY.  (a)  The
3-27     commission [board] shall establish procedures for application for
3-28     enrollment in a child care facility established under this chapter.
3-29           (b)  A provider for a child care facility shall give
3-30     preference in enrollment to the individual whose application date
3-31     is the earliest, except that the commission [board] may permit
3-32     enrollment because of a special circumstance as defined by the
3-33     commission [board], including financial need or other hardship.
3-34           Sec. 663.111.  ADDITIONAL CHILD CARE FACILITIES.  (a)  The
3-35     commission [board] may begin procedures to establish another child
3-36     care facility when the number of applicants on a waiting list to
3-37     enroll in a facility is 50 or more.
3-38           (b)  [The commission shall provide the board with a list of
3-39     sites available for a new or expanded child care facility not later
3-40     than the 120th day after the date on which the commission receives
3-41     from the board the specifications for a child care facility under
3-42     Section 663.103.]
3-43           [(c)  If the commission cannot provide the board with a
3-44     suitable site, the board shall select a site that the board
3-45     considers suitable.]
3-46           [(d)]  After a site has been selected, the commission shall
3-47     give priority to implementing the plan to prepare the child care
3-48     facility over other building construction, repairs, or renovations.
3-49           SECTION 5.  Subsection (a), Section 663.113, Government Code,
3-50     is amended to read as follows:
3-51           (a)  The commission [board] may solicit [a] private donations
3-52     [donation] of property or money for renovations, equipment, or
3-53     other items necessary to provide child care services.
3-54           SECTION 6.  Section 1232.203, Government Code, is amended to
3-55     read as follows:
3-56           Sec. 1232.203.  LEASE OF SPACE FOR [TO] CHILD CARE FACILITY
3-57     [DEVELOPMENT BOARD].  (a)  The commission, when acting under
3-58     Chapter 663, [Child Care Development Board] is not an occupying
3-59     state agency for purposes of Section 1232.201.
3-60           (b)  The commission or the appropriate state agency[, with
3-61     the cooperation and assistance of the Child Care Development
3-62     Board,] shall include in the schedules developed under Section
3-63     1232.201(a) the method of charging state agencies that occupy all
3-64     or part of a building to which Section 1232.201 applies for the
3-65     space in the building that is used for a child-care facility under
3-66     Chapters 663, 2165, and 2166.
3-67           (c)  An occupying agency's share shall be determined at least
3-68     in part on the ratio of the number of the occupying agency's
3-69     employees who work in the building to the total number of state
 4-1     employees who work in the building.
 4-2           SECTION 7.  Section 2165.103, Government Code, is amended to
 4-3     read as follows:
 4-4           Sec. 2165.103.  CHILD CARE FACILITY [DEVELOPMENT BOARD]
 4-5     STANDARDS.  (a)  The commission, in consultation with the Child
 4-6     Care Advisory Committee, [Development Board by rule] shall by rule
 4-7     adopt standards regarding the type, size, and location of child
 4-8     care services that may be needed by a state agency based on an
 4-9     agency's location and employee demographics.
4-10           (b)  The commission shall apply standards adopted [by the
4-11     board] under this section in fulfilling the commission's
4-12     responsibilities relating to the establishment of child care
4-13     facilities.
4-14           SECTION 8.  Subsections (b) and (c), Section 2165.206,
4-15     Government Code, are amended to read as follows:
4-16           (b)  If the commission allocates space for the purpose of
4-17     providing child care services for state employees, the commission
4-18     shall designate the use of the space most appropriate for child
4-19     care [at the direction of the Child Care Development Board].
4-20           (c)  Notwithstanding any other provision of this subtitle,
4-21     the commission shall lease at a rate set by the commission [Child
4-22     Care Development Board] suitable space in state-owned buildings to
4-23     child care providers selected [by the board,] as provided by
4-24     Chapter 663.
4-25           SECTION 9.  Subsection (b), Section 2165.207, Government
4-26     Code, is amended to read as follows:
4-27           (b)  If the space is leased for the purpose of providing
4-28     child care services for state employees, the commission [Child Care
4-29     Development Board, in its sole discretion,] may select the child
4-30     care provider through procedures other than competitive bidding.
4-31           SECTION 10.  Subsection (b), Section 2165.208, Government
4-32     Code, is amended to read as follows:
4-33           (b)  The commission shall furnish utilities and custodial
4-34     services to a child care provider selected by the commission under
4-35     Chapter 663 [Child Care Development Board] at cost.
4-36           SECTION 11.  Sections 2165.209 and 2165.210, Government Code,
4-37     are amended to read as follows:
4-38           Sec. 2165.209.  Subleases and Assignments.  [(a)]  The
4-39     commission may permit a private tenant to sublease or assign space
4-40     that the tenant leases.  The commission must approve in writing all
4-41     subleases and assignments of leases.
4-42           [(b)  If the private tenant is a child care provider, the
4-43     Child Care Development Board must also approve in writing a
4-44     sublease or assignment of the lease.]
4-45           Sec. 2165.210.  Refusal to Lease Space or Permit an Activity.
4-46     The commission may refuse to lease space to a person or to permit
4-47     an activity in a space if the commission considers the refusal to
4-48     be in the state's best interests[, except that on the Child Care
4-49     Development Board's selection and approval of suitable space for a
4-50     child care facility in a state-owned building, the commission may
4-51     not refuse to lease the space to that child care provider].
4-52           SECTION 12.  Section 2166.551, Government Code, is amended to
4-53     read as follows:
4-54           Sec. 2166.551.  Child Care Facility in State Building.
4-55     (a)  The commission, in consultation with the Child Care Advisory
4-56     Committee, [Development Board] shall determine whether a child care
4-57     facility may be included in a state-owned office building
4-58     constructed after September 1, 1989, that contains 100,000 square
4-59     feet or more of net usable space [and shall notify the commission
4-60     of that determination].
4-61           (b)  Before developing a rehabilitation or renovation plan
4-62     for [The commission shall notify the Child Care Development Board
4-63     of] a project to rehabilitate or renovate substantially an existing
4-64     state-owned office building containing 100,000 square feet or more
4-65     of net usable space [before developing the rehabilitation or
4-66     renovation plan.]
4-67           [(c)  Not later than the 30th day after the date the Child
4-68     Care Development Board receives the notice required by Subsection
4-69     (b)], the commission, in consultation with the Child Care Advisory
 5-1     Committee, [board] shall determine whether a child care facility
 5-2     may be included in the rehabilitation or renovation project [and
 5-3     shall notify the commission of that determination].
 5-4           (c) [(d)]  The commission shall include a child care facility
 5-5     in a construction, rehabilitation, or renovation project if the
 5-6     commission, in consultation with the Child Care Advisory Committee,
 5-7     [Development Board] determines that the child care facility should
 5-8     be included.
 5-9           SECTION 13.  Subsections (a), (d), and (e), Section 2167.104,
5-10     Government Code, are amended to read as follows:
5-11           (a)  Subject to restrictions imposed by a lease or other
5-12     enforceable contract, the commission, [at the direction of the
5-13     Child Care Development Board and] at the request of the occupying
5-14     agency, shall sublease part of a space leased under this chapter to
5-15     a child care provider for the operation of a child care facility.
5-16           (d)  The occupying agency and the commission [Child Care
5-17     Development Board] may agree to:
5-18                 (1)  procedures relating to the selection of the child
5-19     care provider;
5-20                 (2)  granting some preference in enrollment to children
5-21     of officers and employees of the occupying state agency; and
5-22                 (3)  any other matter regarding the operation of the
5-23     child care facility.
5-24           (e)  The commission shall sublease space under this section
5-25     to a child care provider approved by the commission under Chapter
5-26     663 [Child Care Development Board] at a rate set by the commission
5-27     [board].
5-28           SECTION 14.  Subsection (b), Section 81.002, Labor Code, is
5-29     amended to read as follows:
5-30           (b)  The executive director of the commission shall appoint
5-31     the members of the committee, to be composed of not more than 12
5-32     members.  The committee must be composed of corporate, consumer,
5-33     and provider representatives from the public and private sectors.
5-34     [One member of the committee must be a representative of the Child
5-35     Care Development Board.]
5-36           SECTION 15.  (a)  This Act takes effect September 1, 2001.
5-37           (b)  The Child Care Development Board is abolished on the
5-38     effective date of this Act.
5-39           (c)  The rules, policies, procedures, and decisions of the
5-40     Child Care Development Board are continued in effect as rules,
5-41     policies, procedures, and decisions of the General Services
5-42     Commission until superseded by rule or other appropriate action of
5-43     the General Services Commission.
5-44           (d)  The change in law made by this Act does not affect the
5-45     validity of any action taken by the Child Care Development Board
5-46     before the effective date of this Act.
5-47                                  * * * * *