| 1 | 1 | | 81R9644 KLA-D |
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| 2 | 2 | | By: Flores H.B. No. 2072 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the distribution of federal child care development |
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| 8 | 8 | | funds to local workforce development boards. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 302.0042, Labor Code, is amended by |
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| 11 | 11 | | adding Subsections (c), (d), and (e) to read as follows: |
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| 12 | 12 | | (c) The commission shall determine each local workforce |
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| 13 | 13 | | development board's average maximum reimbursement rate in effect |
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| 14 | 14 | | during the previous year before evaluating the formulas used to |
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| 15 | 15 | | distribute federal child care development funds as required by |
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| 16 | 16 | | Subsection (a). To determine that average rate, the commission |
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| 17 | 17 | | shall average the local workforce development area's maximum |
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| 18 | 18 | | reimbursement rates in effect for each type of care, but may not |
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| 19 | 19 | | weight the average according to the area's child care case mix. |
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| 20 | 20 | | (d) Each year after determining the average maximum |
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| 21 | 21 | | reimbursement rates as provided by Subsection (c), the commission |
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| 22 | 22 | | shall identify each local workforce development area that has an |
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| 23 | 23 | | average maximum reimbursement rate that is ranked in the fourth |
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| 24 | 24 | | quartile of those rates. The commission shall adjust the child care |
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| 25 | 25 | | development fund distribution formulas to provide sufficient funds |
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| 26 | 26 | | estimated to enable the local workforce development board in each |
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| 27 | 27 | | identified area to increase the average maximum reimbursement rate |
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| 28 | 28 | | to equal the overall average maximum reimbursement rate for all |
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| 29 | 29 | | local workforce development areas. |
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| 30 | 30 | | (e) Funds provided to a local workforce development board |
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| 31 | 31 | | under Subsection (d) may be used only to increase child care |
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| 32 | 32 | | reimbursement rates, and may not be used for administrative |
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| 33 | 33 | | expenses or to increase the number of children provided services. |
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| 34 | 34 | | The board shall provide a report to the commission at intervals |
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| 35 | 35 | | required by the commission that describes in detail the purposes |
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| 36 | 36 | | for which the funds were used. The commission shall compile the |
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| 37 | 37 | | reports into a single report and provide that report to the |
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| 38 | 38 | | legislature not later than December 1 of each even-numbered year. |
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| 39 | 39 | | SECTION 2. If before implementing any provision of this Act |
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| 40 | 40 | | a state agency determines that a waiver or authorization from a |
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| 41 | 41 | | federal agency is necessary for implementation of that provision, |
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| 42 | 42 | | the agency affected by the provision shall request the waiver or |
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| 43 | 43 | | authorization and may delay implementing that provision until the |
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| 44 | 44 | | waiver or authorization is granted. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2009. |
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