By: West S.B. No. 1269

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of and federal funding for certain child-care providers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 42.0221, Human Resources Code, is amended by amending Subsections (a) and (b) and adding Subsections (e-1), (e-2), and (e-3) to read as follows:

(a) The committee on licensing standards is composed of nine [seven] members appointed by the governor as follows:

(1) one member who operates a residential child-care facility licensed by the department;

(2) one member who operates a child-placing agency licensed by the department;

(3) one member who operates a licensed child-care facility that provides care for children for less than 24 hours a day;

(4) one member who is a parent, guardian, or custodian of a child who uses a facility licensed by the department;

(5) one member who is an expert in the field of child care and child development; [and]

(6) two members employed by the department who work with facilities licensed by the department; and

(7) two members who represent child advocacy organizations.

(b) Members of the committee serve two-year terms, with the terms of [three or] four or five members, as appropriate, expiring February 1 of each year.

(e-1) The committee shall review and analyze nationwide best practices of child-care providers and other state standards related to staff-to-child ratios and group sizes applicable to nonresidential child-care facilities that provide care for less than 24 hours a day and make recommendations to the department for policy and statutory changes related to the ratios and group sizes.

(e-2) From the recommendations provided under Subsection (e-1), the department shall annually reduce the staff-to-child ratios and group sizes applicable to nonresidential child-care facilities that provide care for less than 24 hours a day subject to the following limitations:

(1) the reduced ratios and group sizes may not be higher than the ratios and group sizes in the department's proposed rules published in the Texas Register on June 11, 2010;

(2) ratios may not be reduced by more than three children per each age group; and

(3) the staff-to-child ratios for children ages 17 months of age and younger may not be reduced.

(e-3) Subsection (e-2) and this subsection expire September 1, 2020.

SECTION 2. Subchapter A, Chapter 302, Labor Code, is amended by adding Section 302.0048 to read as follows:

Sec. 302.0048. FEDERAL MONEY FOR CHILD CARE. (a) In allocating federal grant money to local workforce development boards to purchase nonresidential child-care services from facilities that provide care for less than 24 hours a day, the commission shall authorize each board to increase the reimbursement rates for the child-care services to amounts the board determines affordable based on the total amount allocated to the board by the commission.

(b) From the money allocated to a local workforce development board under Subsection (a), the board must reimburse the providers of nonresidential child-care services described by Subsection (a) at a rate equal to at least 85 percent of the average rate charged by the local providers of those services.

(c) The commission may not establish a maximum rate of reimbursement by local workforce development boards for nonresidential child-care services described in this section.

SECTION 3. Not later than October 1, 2015, the governor shall appoint the nine members to the committee on licensing standards as provided by Section 42.0221, Human Resources Code, as amended by this Act. The initial members of the committee on licensing standards appointed under this section shall draw lots to determine which members will serve terms expiring February 1, 2016, and which members will serve terms expiring February 1, 2017.

SECTION 4. This Act takes effect September 1, 2015.