86R10241 EAS-F
By: Davis of Dallas H.B. No. 4286
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of child-care providers by the Texas
Workforce Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2308.315, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) Notwithstanding Subsection (b), a board may not
reimburse a provider under the reimbursement rates provided by
Subsection (b), unless the provider completes the commission's
market rate survey.
SECTION 2. Subchapter G, Chapter 2308, Government Code, is
amended by adding Sections 2308.3172, 2308.3173, 2308.3174,
2308.3175, and 2308.3176 to read as follows:
Sec. 2308.3172. CRITICAL LICENSING DEFICIENCY. (a) If a
Texas Rising Star Program provider with a 3-star or 4-star rating
receives two or more critical licensing deficiencies during the
preceding 12 months, the commission shall reduce the provider's
rating to a 2-star rating.
(b) If a Texas Rising Star Program provider with a 2-star
rating receives two or more critical licensing deficiencies during
the preceding 12 months, the commission shall revoke the provider's
Texas Rising Star Program certification.
Sec. 2308.3173. PROBATIONARY PERIOD FOR CERTAIN LICENSING
DEFICIENCIES. (a) If a Texas Rising Star Program provider with a
4-star or 3-star rating receives a licensing or critical licensing
deficiency, the commission shall place the provider on probation
for 60 days. During the 60-day probationary period, the provider
shall continue to be reimbursed as a Texas Rising Star Program
provider.
(b) A Texas Rising Star Program provider is not eligible for
probation if:
(1) the provider receives a licensing deficiency
related to the abuse, neglect, or exploitation of a child; or
(2) the provider receives a critical deficiency during
the preceding 12 months.
Sec. 2308.3174. SITE VISITS TO TEXAS RISING STAR PROGRAM
PROVIDERS. (a) The commission may not conduct an unannounced site
visit to a Texas Rising Star Program provider with a 4-star or
3-star rating unless the provider has received a citation for
noncompliance or for a critical deficiency during the preceding 12
months.
(b) If the provider has not received a citation for
noncompliance or for a critical deficiency during the preceding 12
months, the commission shall conduct at least one announced site
visit of the provider.
Sec. 2308.3175. BACKGROUND CHECKS FOR CERTAIN TEXAS RISING
STAR PROGRAM EMPLOYEES. A person who volunteers with a Texas Rising
Star Program provider who undergoes a background and criminal
history check is not required to have an additional background
check if the person becomes an employee of the provider.
Sec. 2308.3176. REVIEW OF TEXAS RISING STAR PROGRAM
PROVIDER REGULATIONS. The Health and Human Services Commission,
the commission, and the boards shall review the commission's Texas
Rising Star Program rules to ensure that the rules do not:
(1) negatively affect the ability of local providers
to provide quality child-care in the community; and
(2) prevent providers from using best practices.
SECTION 3. As soon as practicable after the effective date
of this Act, the commissioner of the Texas Workforce Commission
shall adopt rules necessary to implement Section 2308.315,
Government Code, as amended by this Act, and Sections 2308.3172,
2308.3173, 2308.3174, 2308.3175, and 2308.3176, Government Code,
as added by this Act.
SECTION 4. This Act takes effect September 1, 2019.