By: Paxton, et al. H.B. No. 2959
A BILL TO BE ENTITLED
AN ACT
relating to the use of federal child care and development block
grant funds by local workforce development boards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 2308.315 and 2308.316, Government Code,
are amended to read as follows:
Sec. 2308.315. REIMBURSEMENT RATES FOR CHILD CARE. Each
board may [shall] establish graduated reimbursement rates for child
care based on the Texas Workforce Commission's designated vendor
program. If a board establishes graduated reimbursement rates for
child care, the [The] minimum reimbursement rate for designated
vendors must be at least five percent greater than the maximum rate
established for nondesignated vendors for the same category of
care. A [The] designated vendor rate differential established in
this section shall be funded with federal child care development
funds dedicated to quality improvement activities.
Sec. 2308.316. FUNDING OF COMPETITIVE PROCUREMENT PROCESS
FOR INFANT AND EARLY CHILDHOOD CHILD CARE. Each board may [shall]
allocate a portion of the board's federal child care development
funds dedicated to quality improvement activities to a competitive
procurement process for a system for quality child care for
children under four years of age that encourages child care
providers to voluntarily meet the criteria of the Texas Workforce
Commission's designated vendor program or national accreditation.
If a board allocates [In allocating] funds under this section,
special consideration shall be given to funding child care for
children under four years of age in low-income communities. This
section may not be interpreted to limit parental choice.
SECTION 2. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Sections 42.061 and 42.062 to read as follows:
Sec. 42.061. USE OF CERTAIN DEDICATED CHILD-CARE FUNDS.
(a) If the state is required to dedicate more than four percent of
the amount of federal child-care development funds for the purposes
provided by 42 U.S.C. Section 9858e, the Texas Workforce
Commission, unless otherwise required by federal law and
notwithstanding any other state law, shall ensure that the
additional quality money required will be used to establish and
implement the grant program for quality improvement activities
under Section 42.062.
(b) The Texas Workforce Commission shall enter into a
memorandum of understanding with the department under which:
(1) the commission transfers the dedicated funds in
excess of four percent as described by Subsection (a) to the
department; and
(2) the department uses the transferred funds to
implement the grant program for quality improvement activities
under Section 42.062.
Sec. 42.062. QUALITY IMPROVEMENT ACTIVITIES FOR CHILD-CARE
SERVICES. (a) Subject to the availability of funds under Section
42.061 or from another source, the executive commissioner by rule
shall establish a program under which the department awards grants
to child-care providers and community-based organizations for use
in providing quality improvement activities to improve the quality
and availability of child-care services.
(b) The executive commissioner by rule shall prescribe
eligibility criteria for receipt of a grant under the program.
(c) In developing the program under this section, the
executive commissioner shall adopt a list of quality improvement
activities for which a provider or organization is eligible to
receive funding through the program. The list of activities must
include:
(1) comprehensive consumer education encompassing:
(A) parent education programs;
(B) publication of quality indicators to
evaluate child-care services;
(C) data collection regarding child-care and
early childhood education programs; and
(D) parent referral services;
(2) professional development activities for
providers, including:
(A) training, educational materials, or
technical assistance;
(B) scholarship information and assistance; and
(C) strategies to increase salaries or other
forms of compensation;
(3) teacher training programs, mentoring programs, or
other programs or activities that promote early development of
language, literacy, and mathematical skills in young children;
(4) programs or activities that promote inclusive
child care;
(5) activities promoted by the State Center for Early
Childhood Development and other activities designed to promote the
school readiness of young children;
(6) use of infant and toddler specialists to educate
parents and provide training and technical assistance to child–care
providers; and
(7) other activities the department determines will
increase parental choice and improve the quality and availability
of child-care services.
(d) To the extent allowed by federal law, the department
shall use federal child-care development funds transferred under
Section 42.061 for the purposes of the program. The department may
use other available funds for the purposes of the program.
(e) In developing the program, the executive commissioner
shall ensure that the department administers the program in a
manner that allows local providers and organizations to choose
which of the quality improvement activities described by Subsection
(c) the provider or organization wants to provide under the
program.
(f) In awarding grants under the program, the department
shall give priority to quality improvement activities for programs
that serve infants and toddlers younger than three years of age.
(g) The department shall submit to the legislature an annual
report regarding the operation of the program during the preceding
year. At a minimum, the report must include the number and total
amount of grants awarded by the department during the period
covered by the report.
SECTION 3. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary for the
implementation of Section 42.062, Human Resources Code, as added by
this Act.
SECTION 4. This Act takes effect September 1, 2005.