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79R8020 MCK-D
By: Swinford H.B. No. 2378
A BILL TO BE ENTITLED
AN ACT
relating to transferring responsibility for the child-care
facilities for state employees from the Texas Building and
Procurement Commission to the Health and Human Services Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 663.001, Government Code, is amended by
amending Subdivision (3) and adding Subdivision (5) to read as
follows:
(3) "Commission" means the Health and Human [General]
Services Commission.
(5) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
SECTION 2. Section 663.002, Government Code, is amended to
read as follows:
Sec. 663.002. DUTIES AND RESPONSIBILITIES NOT AFFECTED.
Sections 663.003, 663.103, 663.104, and 663.105 do not affect the
duties or responsibilities of the Texas Building and Procurement
Commission [commission] under Section 2166.551.
SECTION 3. Section 663.003, Government Code, is amended to
read as follows:
Sec. 663.003. GOOD FAITH STANDARD. The commission and the
executive commissioner [director of the commission] shall carry out
their responsibilities under this chapter in good faith.
SECTION 4. Section 663.051(b), Government Code, is amended
to read as follows:
(b) The executive commissioner may serve on the committee.
The commission may appoint to the committee:
(1) the executive director [directors] of[:
[(A) the commission; and
[(B)] the Texas Department of Housing and
Community Affairs;
(2) two representatives of nonprofit organizations
involved with the delivery or support of child care services;
(3) a representative of the corporate child
development fund;
(4) a representative of child care providers;
(5) one or more state employees subject to the state
classification plan:
(A) each of whom has at least one child in a child
care facility; and
(B) if more than one is appointed, each of whom
resides in a different geographic area of the state; and
(6) one or more individuals knowledgeable in child
care services or the need of working individuals for child care
services.
SECTION 5. Section 663.101(b), Government Code, is amended
to read as follows:
(b) The executive commissioner [commission] by rule may
establish methods to administer and supervise the child care
program.
SECTION 6. Section 663.106, Government Code, is amended to
read as follows:
Sec. 663.106. LEASE TO CHILD CARE PROVIDER. The Texas
Building and Procurement Commission [commission] shall lease to a
child care provider selected by the Health and Human Services
Commission [commission] a site for a child care facility at a
reasonable rate.
SECTION 7. (a) On November 1, 2005:
(1) all functions and activities relating to Chapter
663, Government Code, performed by the Texas Building and
Procurement Commission immediately before that date are
transferred to the Health and Human Services Commission;
(2) a reference in an administrative rule to the Texas
Building and Procurement Commission that relates to Chapter 663,
Government Code, means the Health and Human Services Commission;
(3) a complaint, investigation, or other proceeding
before the Texas Building and Procurement Commission that is
related to Chapter 663, Government Code, is transferred without
change in status to the Health and Human Services Commission, and
the Health and Human Services Commission assumes, as appropriate
and without a change in status, the position of the Texas Building
and Procurement Commission in an action or proceeding to which the
Texas Building and Procurement Commission is a party;
(4) all money, contracts, and obligations of the Texas
Building and Procurement Commission related to Chapter 663,
Government Code, are transferred to the Health and Human Services
Commission;
(5) all personal property in the custody of the Texas
Building and Procurement Commission related to Chapter 663,
Government Code, is transferred to the Health and Human Services
Commission; and
(6) the unexpended and unobligated balance of any
money appropriated by the legislature for the Texas Building and
Procurement Commission related to Chapter 663, Government Code, is
transferred to the Health and Human Services Commission.
(b) Subsection (a) of this section does not apply to the
Texas Building and Procurement Commission's responsibilities
regarding management of real property related to Chapter 663,
Government Code.
(c) Before November 1, 2005, the Texas Building and
Procurement Commission may agree with the Health and Human Services
Commission to transfer any property of the Texas Building and
Procurement Commission to the Health and Human Services Commission
to implement the transfer required by this section.
(d) In the period beginning on the effective date of this
Act and ending on November 1, 2005, the Texas Building and
Procurement Commission shall continue to perform functions and
activities under Chapter 663, Government Code, as if that chapter
had not been amended by this Act, and the former law is continued in
effect for that purpose.
SECTION 8. 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.