Texas 2019 - 86th Regular

Texas House Bill HB4286 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R10241 EAS-F
2	2	By: Davis of Dallas H.B. No. 4286
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of child-care providers by the Texas
8	8	Workforce Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2308.315, Government Code, is amended by
11	11	adding Subsection (e) to read as follows:
12	12	(e) Notwithstanding Subsection (b), a board may not
13	13	reimburse a provider under the reimbursement rates provided by
14	14	Subsection (b), unless the provider completes the commission's
15	15	market rate survey.
16	16	SECTION 2. Subchapter G, Chapter 2308, Government Code, is
17	17	amended by adding Sections 2308.3172, 2308.3173, 2308.3174,
18	18	2308.3175, and 2308.3176 to read as follows:
19	19	Sec. 2308.3172. CRITICAL LICENSING DEFICIENCY. (a) If a
20	20	Texas Rising Star Program provider with a 3-star or 4-star rating
21	21	receives two or more critical licensing deficiencies during the
22	22	preceding 12 months, the commission shall reduce the provider's
23	23	rating to a 2-star rating.
24	24	(b) If a Texas Rising Star Program provider with a 2-star
25	25	rating receives two or more critical licensing deficiencies during
26	26	the preceding 12 months, the commission shall revoke the provider's
27	27	Texas Rising Star Program certification.
28	28	Sec. 2308.3173. PROBATIONARY PERIOD FOR CERTAIN LICENSING
29	29	DEFICIENCIES. (a) If a Texas Rising Star Program provider with a
30	30	4-star or 3-star rating receives a licensing or critical licensing
31	31	deficiency, the commission shall place the provider on probation
32	32	for 60 days. During the 60-day probationary period, the provider
33	33	shall continue to be reimbursed as a Texas Rising Star Program
34	34	provider.
35	35	(b) A Texas Rising Star Program provider is not eligible for
36	36	probation if:
37	37	(1) the provider receives a licensing deficiency
38	38	related to the abuse, neglect, or exploitation of a child; or
39	39	(2) the provider receives a critical deficiency during
40	40	the preceding 12 months.
41	41	Sec. 2308.3174. SITE VISITS TO TEXAS RISING STAR PROGRAM
42	42	PROVIDERS. (a) The commission may not conduct an unannounced site
43	43	visit to a Texas Rising Star Program provider with a 4-star or
44	44	3-star rating unless the provider has received a citation for
45	45	noncompliance or for a critical deficiency during the preceding 12
46	46	months.
47	47	(b) If the provider has not received a citation for
48	48	noncompliance or for a critical deficiency during the preceding 12
49	49	months, the commission shall conduct at least one announced site
50	50	visit of the provider.
51	51	Sec. 2308.3175. BACKGROUND CHECKS FOR CERTAIN TEXAS RISING
52	52	STAR PROGRAM EMPLOYEES. A person who volunteers with a Texas Rising
53	53	Star Program provider who undergoes a background and criminal
54	54	history check is not required to have an additional background
55	55	check if the person becomes an employee of the provider.
56	56	Sec. 2308.3176. REVIEW OF TEXAS RISING STAR PROGRAM
57	57	PROVIDER REGULATIONS. The Health and Human Services Commission,
58	58	the commission, and the boards shall review the commission's Texas
59	59	Rising Star Program rules to ensure that the rules do not:
60	60	(1) negatively affect the ability of local providers
61	61	to provide quality child-care in the community; and
62	62	(2) prevent providers from using best practices.
63	63	SECTION 3. As soon as practicable after the effective date
64	64	of this Act, the commissioner of the Texas Workforce Commission
65	65	shall adopt rules necessary to implement Section 2308.315,
66	66	Government Code, as amended by this Act, and Sections 2308.3172,
67	67	2308.3173, 2308.3174, 2308.3175, and 2308.3176, Government Code,
68	68	as added by this Act.
69	69	SECTION 4. This Act takes effect September 1, 2019.