BILL ANALYSIS

Senate Research Center                                                                                                     H.B. 2961

79R9611 KSD-D                                                                                               By: Paxton (Nelson)

Business & Commerce

5/1/2005

Engrossed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

In 1987, the 70th Texas Legislature created parent advisory committees at certain child care centers to give parents a voice.  Only child care centers in which the enrollment consists of 30 percent or more children whose services are paid with government subsidies must have these committees.  The purpose of the advisory committees was to empower these parents with a voice in the child care center. 

However, in 1990, Congress passed the Child Care Development block grant which required parents to be given a choice in the selection of where their child received child care.  The advisory committees have become obsolete because these parents now have the freedom to choose any center.  Also obsolete is the provision which gives the executive director of the Texas Workforce Commission the authority to establish eligibility standards.  Section 44.002(a) of the Human Resources Code delegates rulemaking authority over eligibility standards to the Texas Workforce Commission which, in turn, operates within the guidelines of the United States Department of Health and Human Services. 

H.B. 2961 repeals obsolete provisions regarding the administration of federal and state day-care programs. 

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the executive commissioner of the Texas Workforce Commissioner is rescinded in SECTION 1 (Section 44.002, Human Resources Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1.  Repealer:  Sections 44.002(c) and (d) (relating to certain required rules governing the administration of federal and state day-care programs), Human Resources Code. 

SECTION 2.  Effective date:  upon passage or September 1, 2005.