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 * * * * *