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By: Swinford H.B. No. 2378
A BILL TO BE ENTITLED
AN ACT
relating to the administration of the child care program for
children of state employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 663.001(2) and (3), Government Code,
are amended to read as follows:
(2) "Child care program" means the program developed
or administered under this chapter [by the commission] to provide
child care services for state employees.
(3) "Commission" means the Texas Building and
Procurement [General Services] Commission.
SECTION 2. Section 663.101, Government Code, is amended to
read as follows:
Sec. 663.101. ADMINISTRATION OF CHILD CARE PROGRAM. (a)
The commission shall provide child care services for state
employees by the development [and administration] of the child care
program.
(b) The commission by rule may establish methods to
[administer and] supervise the entity operating the child care
program.
SECTION 3. Subchapter C, Chapter 663, Government Code, is
amended by adding Sections 663.1011 and 663.1012 to read as
follows:
Sec. 663.1011. MEMORANDUM OF UNDERSTANDING. (a) The
commission may enter into a memorandum of understanding with The
University of Texas at Austin to operate the child care program.
(b) The memorandum of understanding must include the
responsibilities of the commission and the university regarding the
operation of the child care program, including:
(1) developing the curriculum for the child care
program;
(2) designating the location of child care facilities;
(3) providing and maintaining the buildings and other
property where the child care facilities are located;
(4) determining the size of the child care facilities
and the child–to–teacher ratio for each age group at the facility;
and
(5) performing the duties described by Section
663.108.
Sec. 663.1012. CONTRACT WITH ENTITY. (a) If the commission
does not enter into a memorandum of understanding with The
University of Texas at Austin to operate the child care program
under Section 663.1011, the commission shall contract with a
private or public entity to operate the child care program.
(b) Before the commission issues a request for proposal for
bids to operate the child care program, the commission shall
develop the request for proposal with the assistance of The
University of Texas at Austin.
SECTION 4. Section 663.102, Government Code, is amended to
read as follows:
Sec. 663.102. STANDARDS OF CHILD CARE PROGRAM. The
commission shall, in consultation with The University of Texas at
Austin, set specific performance standards for child care services
under the child care program that conform to the standards of
quality child care set by the National Association for the
Education of Young Children or the National Child Care Association.
SECTION 5. Section 663.106, Government Code, is amended to
read as follows:
Sec. 663.106. LEASE TO CHILD CARE PROVIDER. The commission
may [shall] lease to a child care provider selected by the
commission a site for a child care facility at a reasonable rate.
SECTION 6. Section 663.108, Government Code, is amended to
read as follows:
Sec. 663.108. DUTIES OF ENTITY OPERATING CHILD CARE PROGRAM
[PROVIDER]. The entity operating the [A provider for a] child care
program [facility] shall:
(1) obtain for each child care [the] facility a
license under Chapter 42, Human Resources Code;
(2) maintain liability insurance coverage by an
insurer [insurance company] approved by the Texas Department [State
Board] of Insurance in an amount approved by the commission;
(3) indemnify the state and the commission from:
(A) a claim, demand, or cause of action asserted
by a person as a result of the child care facility's operation; and
(B) an act or omission of the provider or the
child care facility's personnel;
(4) provide furniture, equipment, toys, or other
materials necessary for the child care facility;
(5) keep a list of child care applicants who are
waiting for enrollment in the child care facility; and
(6) pay salaries and provide insurance for persons
employed at the child care [employees of the] facility.
SECTION 7. Section 663.109, Government Code, is amended to
read as follows:
Sec. 663.109. MONITORING OF CHILD CARE PROGRAM
[FACILITIES]. The commission shall monitor the activities and
operations of the entity operating the child care program [a child
care facility by conducting regular visits to the facility during
operating hours to investigate, inspect, and evaluate the services
provided].
SECTION 8. Section 663.111(a), Government Code, is amended
to read as follows:
(a) The commission shall monitor the number of children
participating in the child care program and determine, in
consultation with the entity operating the child care program, when
additional child care facilities are needed [may begin procedures
to establish another child care facility when the number of
applicants on a waiting list to enroll in a facility is 50 or more].
SECTION 9. The heading to Section 663.112, Government Code,
is amended to read as follows:
Sec. 663.112. CHILD CARE PROGRAM [FACILITY] ACCOUNT.
SECTION 10. Section 663.112(a), Government Code, is amended
to read as follows:
(a) The legislature may appropriate money from the Texas
capital trust fund established under Chapter 2201 to establish and
operate the [a] child care program [facility under this chapter].
SECTION 11. Section 663.052, Government Code, is
redesignated as Section 663.114, Government Code, to read as
follows:
Sec. 663.114 [663.052]. REPORT OF COMMISSION. (a) The
commission shall report to the legislature each legislative
session.
(b) The report must:
(1) summarize the development and progress of the
child care program; and
(2) describe additional child care services needed by
state employees.
SECTION 12. Sections 663.001(4), 663.002, 663.051,
663.104, 663.107, 663.111(b), 2165.103, and 2166.551, Government
Code, are repealed.
SECTION 13. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.