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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of child-care providers by the Texas |
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Workforce Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2308.315, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) Notwithstanding Subsection (b), a board may not |
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reimburse a provider under the reimbursement rates provided by |
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Subsection (b), unless the provider completes the commission's |
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market rate survey. |
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SECTION 2. Subchapter G, Chapter 2308, Government Code, is |
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amended by adding Sections 2308.3172, 2308.3173, 2308.3174, |
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2308.3175, and 2308.3176 to read as follows: |
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Sec. 2308.3172. CRITICAL LICENSING DEFICIENCY. (a) If a |
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Texas Rising Star Program provider with a 3-star or 4-star rating |
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receives two or more critical licensing deficiencies during the |
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preceding 12 months, the commission shall reduce the provider's |
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rating to a 2-star rating. |
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(b) If a Texas Rising Star Program provider with a 2-star |
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rating receives two or more critical licensing deficiencies during |
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the preceding 12 months, the commission shall revoke the provider's |
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Texas Rising Star Program certification. |
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Sec. 2308.3173. PROBATIONARY PERIOD FOR CERTAIN LICENSING |
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DEFICIENCIES. (a) If a Texas Rising Star Program provider with a |
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4-star or 3-star rating receives a licensing or critical licensing |
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deficiency, the commission shall place the provider on probation |
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for 60 days. During the 60-day probationary period, the provider |
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shall continue to be reimbursed as a Texas Rising Star Program |
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provider. |
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(b) A Texas Rising Star Program provider is not eligible for |
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probation if: |
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(1) the provider receives a licensing deficiency |
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related to the abuse, neglect, or exploitation of a child; or |
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(2) the provider receives a critical deficiency during |
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the preceding 12 months. |
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Sec. 2308.3174. SITE VISITS TO TEXAS RISING STAR PROGRAM |
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PROVIDERS. (a) The commission may not conduct an unannounced site |
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visit to a Texas Rising Star Program provider with a 4-star or |
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3-star rating unless the provider has received a citation for |
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noncompliance or for a critical deficiency during the preceding 12 |
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months. |
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(b) If the provider has not received a citation for |
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noncompliance or for a critical deficiency during the preceding 12 |
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months, the commission shall conduct at least one announced site |
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visit of the provider. |
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Sec. 2308.3175. BACKGROUND CHECKS FOR CERTAIN TEXAS RISING |
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STAR PROGRAM EMPLOYEES. A person who volunteers with a Texas Rising |
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Star Program provider who undergoes a background and criminal |
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history check is not required to have an additional background |
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check if the person becomes an employee of the provider. |
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Sec. 2308.3176. REVIEW OF TEXAS RISING STAR PROGRAM |
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PROVIDER REGULATIONS. The Health and Human Services Commission, |
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the commission, and the boards shall review the commission's Texas |
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Rising Star Program rules to ensure that the rules do not: |
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(1) negatively affect the ability of local providers |
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to provide quality child-care in the community; and |
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(2) prevent providers from using best practices. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the commissioner of the Texas Workforce Commission |
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shall adopt rules necessary to implement Section 2308.315, |
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Government Code, as amended by this Act, and Sections 2308.3172, |
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2308.3173, 2308.3174, 2308.3175, and 2308.3176, Government Code, |
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as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |