Texas 2013 - 83rd Regular

Texas House Bill HB376 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Strama, et al. (Senate Sponsor - Zaffirini) H.B. No. 376
2	2	(In the Senate - Received from the House May 6, 2013;
3	3	May 7, 2013, read first time and referred to Committee on Health
4	4	and Human Services; May 15, 2013, reported favorably by the
5	5	following vote: Yeas 6, Nays 0; May 15, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the regulation of child-care providers by the Texas
11	11	Workforce Commission and local workforce development boards.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 29.158(d), Education Code, is amended to
14	14	read as follows:
15	15	(d) In coordinating child-care services under this section
16	16	and in making any related decision to contract with another
17	17	provider for child-care services, the agency, Texas Workforce
18	18	Commission, local workforce development boards, and each
19	19	prekindergarten program provider, Head Start and Early Head Start
20	20	program provider, and provider of an after-school child-care
21	21	program provided at a school shall consider the quality of the
22	22	services involved in the proposed coordination or contracting
23	23	decision and shall give preference to services of the highest
24	24	quality. Any appropriate indicator of quality services may be
25	25	considered under this subsection, including whether the provider of
26	26	the services:
27	27	(1) meets [the] Texas Rising Star Program
28	28	certification [Provider] criteria [described by 40 T.A.C. Section
29	29	809.15(b)];
30	30	(2) is accredited by a nationally recognized
31	31	accrediting organization approved by the Texas Workforce
32	32	Commission and the Department of Family and Protective [and
33	33	Regulatory] Services;
34	34	(3) meets standards developed by the State Center for
35	35	Early Childhood Development; or
36	36	(4) has achieved any other measurable target relevant
37	37	to improving the quality of child care in this state.
38	38	SECTION 2. Section 2155.202, Government Code, is amended to
39	39	read as follows:
40	40	Sec. 2155.202. MENTAL HEALTH AND MENTAL RETARDATION
41	41	COMMUNITY CENTERS; ASSISTANCE ORGANIZATIONS; CHILD-CARE
42	42	PROVIDERS. The following entities may purchase goods and services
43	43	through the comptroller:
44	44	(1) a community center for mental health and mental
45	45	retardation services that receives state grants-in-aid under
46	46	Subchapter B, Chapter 534, Health and Safety Code;
47	47	(2) an assistance organization as defined by Section
48	48	2175.001 that receives state funds; and
49	49	(3) a child-care provider that meets [the] Texas
50	50	Rising Star Program certification [Provider] criteria [described
51	51	by Texas Workforce Commission rules].
52	52	SECTION 3. Section 2308.315, Government Code, is amended to
53	53	read as follows:
54	54	Sec. 2308.315. REIMBURSEMENT RATES FOR CHILD CARE. (a)
55	55	Each board shall establish graduated reimbursement rates for child
56	56	care based on the commission's Texas Rising Star Program [Texas
57	57	Workforce Commission's designated vendor program].
58	58	(b) The minimum reimbursement rate for a Texas Rising Star
59	59	Program provider [designated vendors] must be [at least five
60	60	percent] greater than the maximum rate established for a provider
61	61	who is not a Texas Rising Star Program provider [nondesignated
62	62	vendors] for the same category of care. The reimbursement rate must
63	63	be:
64	64	(1) at least five percent higher for a provider with a
65	65	two-star rating;
66	66	(2) at least seven percent higher for a provider with a
67	67	three-star rating; and
68	68	(3) at least nine percent higher for a provider with a
69	69	four-star rating.
70	70	(c) The Texas Rising Star Program [designated vendor] rate
71	71	differential established in this section shall be funded with
72	72	federal child care development funds [dedicated to quality
73	73	improvement activities].
74	74	(d) Notwithstanding Subsection (b), a board may not
75	75	reimburse a provider under the reimbursement rates provided by
76	76	Subsection (b) before the date any revisions to rules recommended
77	77	by the Texas Rising Star Program review work group under Section
78	78	2308.321 are adopted by the commission.
79	79	SECTION 4. Subchapter G, Chapter 2308, Government Code, is
80	80	amended by adding Section 2308.3155 to read as follows:
81	81	Sec. 2308.3155. TEXAS RISING STAR PROGRAM. (a) The Texas
82	82	Rising Star Program is a voluntary, quality-based child care rating
83	83	system of child care providers participating in the commission's
84	84	subsidized child care program.
85	85	(b) The commission shall adopt rules to administer the Texas
86	86	Rising Star Program, including guidelines for rating a child-care
87	87	provider who provides child care to a child younger than 13 years of
88	88	age, including infants and toddlers, enrolled in the subsidized
89	89	program.
90	90	(c) The commission shall make money available to each board
91	91	to hire necessary employees to provide technical assistance under
92	92	Section 2308.320 from the child care and development block grant.
93	93	In addition, a board may use money available from other public or
94	94	private sources to hire necessary employees for the program.
95	95	SECTION 5. Section 2308.316, Government Code, is amended to
96	96	read as follows:
97	97	Sec. 2308.316. FUNDING OF COMPETITIVE PROCUREMENT PROCESS
98	98	FOR INFANT AND EARLY CHILDHOOD CHILD CARE. Each board shall
99	99	allocate a portion of the board's federal child care development
100	100	funds dedicated to quality improvement activities to a competitive
101	101	procurement process for a system for quality child care for
102	102	children under four years of age that encourages child care
103	103	providers to voluntarily meet the certification criteria of the
104	104	commission's Texas Rising Star Program [Texas Workforce
105	105	Commission's designated vendor program or national accreditation].
106	106	In allocating funds under this section, special consideration shall
107	107	be given to funding child care for children under four years of age
108	108	in low-income communities. This section may not be interpreted to
109	109	limit parental choice.
110	110	SECTION 6. Section 2308.317, Government Code, is amended by
111	111	amending Subsection (a) and adding Subsections (c) and (d) to read
112	112	as follows:
113	113	(a) Notwithstanding any other law, the commission [Texas
114	114	Workforce Commission] shall ensure that, to the extent federal
115	115	child care development funds dedicated to quality improvement
116	116	activities are used to improve quality and availability of child
117	117	care, those funds are used [only] for:
118	118	(1) quality child care programs, including programs:
119	119	(A) whose director receives mentoring; or
120	120	(B) that are in the process of obtaining a Texas
121	121	Rising Star Program rating;
122	122	(2) technical assistance for providers as described by
123	123	Section 2308.320;
124	124	(3) professional development for child care
125	125	providers, directors, and employees;
126	126	(4) educational materials for children served by child
127	127	care providers; and
128	128	(5) educational information for parents important for
129	129	the development of a child under five years of age.
130	130	(c) Each board shall use at least two percent of the board's
131	131	yearly allocation from the commission for quality child care
132	132	initiatives. In addition, a board may use money available from
133	133	other public or private sources for quality child care initiatives.
134	134	A board shall give priority to quality child care initiatives that
135	135	benefit child care facilities that are working toward Texas Rising
136	136	Star certification or are Texas Rising Star certified providers
137	137	working toward a higher certification level.
138	138	(d) Each board shall annually report to the commission
139	139	regarding the board's use of the two percent allocation described
140	140	by Subsection (c).
141	141	SECTION 7. Section 2308.3171, Government Code, is amended
142	142	to read as follows:
143	143	Sec. 2308.3171. INFORMATION ON QUALITY CHILD CARE. (a) In
144	144	this section, "quality child-care indicator" means any appropriate
145	145	indicator of quality services, including whether the provider of
146	146	the services:
147	147	(1) meets [the] Texas Rising Star Program
148	148	certification [Provider] criteria [described by commission rules];
149	149	(2) is accredited by a nationally recognized
150	150	accrediting organization approved by the commission;
151	151	(3) is certified under the school readiness
152	152	certification system established under Section 29.161, Education
153	153	Code;
154	154	(4) meets standards developed under Section
155	155	29.155(g), Education Code; or
156	156	(5) has achieved any other measurable target that is
157	157	relevant to improving the quality of child care in this state and
158	158	that has been approved by the commission.
159	159	(b) Each board shall provide information on quality
160	160	child-care indicators to [for] each licensed or registered
161	161	child-care provider in the area. Each board shall determine the
162	162	manner in which to provide this information.
163	163	(c) Each board shall post in a prominent place on the
164	164	board's Internet website home page and at any physical location
165	165	where the board provides services:
166	166	(1) a list of local designated vendors that are
167	167	child-care providers and have a quality child-care indicator listed
168	168	in Subsection (a)(1), (2), (3), or (4); and
169	169	(2) a list of local parenting classes [determine the
170	170	manner in which to provide the information required by this
171	171	section].
172	172	(d) A child-care provider who receives funding or
173	173	reimbursement for child-care services from a board shall post a
174	174	certification or accreditation described by Subsection (a) at the
175	175	entrance of the provider's facility.
176	176	SECTION 8. Subchapter G, Chapter 2308, Government Code, is
177	177	amended by adding Section 2308.320 to read as follows:
178	178	Sec. 2308.320. TECHNICAL ASSISTANCE FOR PROVIDERS. Each
179	179	board shall provide technical assistance to Texas Rising Star
180	180	Program providers and to providers seeking certification under the
181	181	Texas Rising Star Program, including providing:
182	182	(1) a child development specialist to serve as an
183	183	evaluator of the provider during the certification process;
184	184	(2) a mentor or coach to a Texas Rising Star Program
185	185	provider to meet regularly with the provider and provide child care
186	186	resources to the provider, including developmentally appropriate
187	187	books, materials, and equipment;
188	188	(3) consumer information regarding the selection of
189	189	quality child care for parents of children enrolled in the program;
190	190	and
191	191	(4) parenting education information for parents of
192	192	children enrolled in the program, including information about
193	193	parenting classes that are available in the area or on the Internet.
194	194	SECTION 9. Subchapter G, Chapter 2308, Government Code, is
195	195	amended by adding Section 2308.321 to read as follows:
196	196	Sec. 2308.321. TEXAS RISING STAR PROGRAM REVIEW WORK GROUP.
197	197	(a) The Texas Rising Star Program review work group is established
198	198	to propose revisions to the commission's rules on the Texas Rising
199	199	Star Program.
200	200	(b) The work group consists of the following members
201	201	appointed by the executive director of the commission:
202	202	(1) at least one member from the commission;
203	203	(2) at least one member from the Department of Family
204	204	and Protective Services;
205	205	(3) at least one member from the Texas Education
206	206	Agency;
207	207	(4) at least one member from the governor's Texas Early
208	208	Learning Council who participated on the Quality Rating and
209	209	Improvement System subcommittee;
210	210	(5) at least one member who is appointed to a workforce
211	211	development board;
212	212	(6) at least four members who are Texas Rising Star
213	213	Program providers with different Texas Rising Star Program ratings:
214	214	(A) at least one of whom must be a for-profit
215	215	private provider;
216	216	(B) at least one of whom must be a single-site
217	217	provider;
218	218	(C) at least one of whom must be a multi-site
219	219	provider; and
220	220	(D) at least one of whom must be an individual who
221	221	provides child care in the provider's own home;
222	222	(7) at least one provider who has participated in the
223	223	Texas School Ready! project; and
224	224	(8) at least three members employed by different
225	225	boards who work in the employing board's child-care program and
226	226	have experience and expertise in early childhood development or the
227	227	Texas Rising Star Program or other similar certification or
228	228	accreditation programs.
229	229	(c) The work group shall hold the group's initial meeting
230	230	not later than November 1, 2013, and shall meet at other times as
231	231	determined by the presiding officer.
232	232	(d) The work group shall elect a presiding officer by a vote
233	233	of the membership of the work group.
234	234	(e) Not later than May 1, 2014, the work group shall submit
235	235	to the executive director of the commission recommendations
236	236	proposing revisions to the commission's guidelines relating to the
237	237	Texas Rising Star Program. In making its recommendations, the work
238	238	group shall consider:
239	239	(1) professional development standards for child-care
240	240	directors and employees, including training and annual
241	241	professional development requirements;
242	242	(2) education and experience requirements for mentors
243	243	and evaluators;
244	244	(3) early learning and school readiness standards;
245	245	(4) guidelines for infants and toddlers in child care;
246	246	(5) training hours for providers;
247	247	(6) playground standards;
248	248	(7) best practices guidelines based on standards
249	249	adopted by nationally recognized organizations, including Head
250	250	Start Program Performance Standards, National Health and Safety
251	251	Performance Standards, National Association of the Education of
252	252	Young Children program standards and accreditation criteria,
253	253	National Association for Family Child Care standards, United States
254	254	Department of Defense standards, national accreditation standards,
255	255	and School Ready certification standards;
256	256	(8) research on infant and toddler brain development;
257	257	and
258	258	(9) strategies for the long-term financing of the
259	259	Texas Rising Star Program, including financing the payment of:
260	260	(A) incentives to child-care providers
261	261	participating in the program; and
262	262	(B) grants and rewards to child-care providers
263	263	that achieve and maintain high levels of service.
264	264	(f) Not later than September 1, 2014, the commission shall
265	265	propose rules that incorporate the proposed revisions submitted by
266	266	the work group under Subsection (e).
267	267	(g) The executive director of the commission shall make the
268	268	appointments under this section on September 1, 2013.
269	269	(h) This section expires December 1, 2014.
270	270	SECTION 10. This Act takes effect September 1, 2013.
271	271	* * * * *