Texas 2019 86th Regular

Texas House Bill HB680 Engrossed / Bill

Filed 04/24/2019

                    86R16041 EAS-F
 By: Deshotel, Lopez H.B. No. 680


 A BILL TO BE ENTITLED
 AN ACT
 relating to the powers and duties of the Texas Workforce Commission
 and local workforce development boards regarding the provision of
 child care.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 2308.317, Government Code, is amended by
 adding Subsection (e) to read as follows:
 (e)  Each board shall, to the extent practicable, ensure that
 any professional development for child care providers, directors,
 and employees funded under Subsection (a):
 (1)  can be used toward requirements for a credential,
 certification, or degree program; and
 (2)  meets the professional development requirements
 of the Texas Rising Star Program.
 SECTION 2.  Section 302.0042, Labor Code, is amended by
 amending Subsection (b) and adding Subsection (c) to read as
 follows:
 (b)  The commission's evaluation must assess:
 (1)  the use of current federal child care funds by each
 local workforce development board;
 (2)  the ability of each local workforce development
 board to meet child care performance measures;
 (3)  the average cost of child care in each local
 workforce development area;
 (4)  the average price charged by child care providers
 for child care in each local workforce development area as stated in
 the market rate survey conducted under 45 C.F.R. Section 98.45(c);
 (5)  the poverty rate of each local workforce
 development area compared to the state's poverty rate;
 (6) [(5)]  the number of children on waiting lists for
 child care in each local workforce development area; [and]
 (7) [(6)]  the number of places that are reserved for
 participants in the child-care subsidy program out of the total
 number of children enrolled with a provider on a full-time basis
 categorized by age of the child for each provider [vacant slots
 available for child care placement] in each local workforce
 development area that is certified as a 2-star, 3-star, or 4-star
 provider in the Texas Rising Star Program or that does not
 participate in the Texas Rising Star Program;
 (8)  the total number of child care providers
 participating in the Texas Rising Star Program in each local
 workforce development area and the number of 2-star, 3-star, and
 4-star rated child care providers in the local workforce
 development area;
 (9)  the number of child care providers participating
 in the Texas Rising Star Program in each local workforce
 development area as a percentage of the total number of subsidized
 child care providers in the local workforce development area and
 the number of 2-star, 3-star, and 4-star rated child care providers
 in the local workforce development area as a percentage of the total
 number of subsidized child care providers in the local workforce
 development area;
 (10)  the total number of children enrolled in
 subsidized child care providers participating in the Texas Rising
 Star Program in each local workforce development area and the
 number of subsidized children enrolled in 2-star, 3-star, and
 4-star rated child care providers in the local workforce
 development area; and
 (11)  the number of subsidized children enrolled in
 child care providers participating in the Texas Rising Star Program
 in each local workforce development area as a percentage of the
 total number of subsidized children enrolled in child care
 providers in the local workforce development area and the number of
 subsidized children enrolled in 2-star, 3-star, and 4-star rated
 child care providers in the local workforce development area as a
 percentage of the total number of subsidized children enrolled in
 child care providers in the local workforce development area.
 (c)  For the purposes of evaluation under this section, the
 commission shall annually update the information described by
 Subsections (b)(6)-(11).
 SECTION 3.  Section 302.0043, Labor Code, is amended by
 adding Subsection (c-1) and amending Subsections (e) and (f) to
 read as follows:
 (c-1)  The commission shall measure and evaluate the
 progress of the commission's child care program regarding:
 (1)  coordination by the commission with the Texas
 Education Agency to assign a Public Education Information
 Management System (PEIMS) number to children younger than six years
 of age enrolled in the commission's child care program;
 (2)  coordination with the Texas Education Agency,
 school districts, and open-enrollment charter schools on any
 prekindergarten quality improvement efforts;
 (3)  efforts to increase coordination between
 participating providers in the commission's child care program,
 school districts, and open-enrollment charter schools;
 (4)  facilitation of child care provider enrollment in
 the Texas Rising Star Program and progression of providers to the
 highest rating level in the program; and
 (5)  development and implementation of rates and
 payments, as determined by local workforce development boards, to:
 (A)  allow participating providers to provide
 high-quality child care; and
 (B)  ensure that the commission meets performance
 measures established by the legislature for the average number of
 children served by the commission's child-care program per day.
 (e)  The commission shall make the information collected by
 the commission and the commission's findings available to local
 workforce development boards, school districts, open-enrollment
 charter schools, and the public.
 (f)  Not later than January 15 of each odd-numbered year, the
 commission shall report to the legislature regarding the
 commission's findings regarding the effectiveness of the
 commission's child care program. The report must:
 (1)  include employment outcome information,
 disaggregated by local workforce development area, regarding
 parents receiving subsidized care under the program; [and]
 (2)  identify multiyear trends in the information
 collected and analyzed by the commission under this section,
 including trends in the information for at least the five state
 fiscal years preceding the date of the report; and
 (3)  include information described by Sections
 302.0042(b)(8)-(11).
 SECTION 4.  Section 302.00435, Labor Code, is amended to
 read as follows:
 Sec. 302.00435.  SUBSIDIZED CHILD CARE PROGRAM; INPUT
 POLICY. (a) The commission shall develop a policy for obtaining,
 through appropriate methods, input from interested parties
 regarding its subsidized child care program and for using that
 input in administering that program.
 (b)  The policy developed under Subsection (a) must include
 methods for obtaining input from the Texas Education Agency, school
 districts, open-enrollment charter schools, subsidized child care
 providers, relevant businesses, and the public, regarding:
 (1)  improving coordination between the subsidized
 child care program and prekindergarten programs; and
 (2)  increasing the quality of and access to the
 subsidized child care program.
 SECTION 5.  Subchapter C, Chapter 302, Labor Code, is
 amended by adding Section 302.0461 to read as follows:
 Sec. 302.0461.  CHILD CARE PROVIDER CONTRACT AGREEMENTS.
 (a) A local workforce development board may contract with child
 care providers operating in the board's area to provide subsidized
 child care services. The local workforce development board shall
 determine the number of places that the board reserves in the
 contract with a child care provider participating in the
 commission's subsidized child care program.
 (b)  To be eligible for a contract under Subsection (a), a
 child care provider must:
 (1)  be a Texas Rising Star Program provider with a
 three-star rating or higher; and
 (2)  meet one of the following priorities of the
 commission:
 (A)  be located in:
 (i)  an area where the number of children
 younger than six years of age who have working parents is at least
 three times greater than the capacity of licensed child care
 providers in the area; or
 (ii)  an area determined by the commission
 to be underserved with respect to child care providers;
 (B)  have a partnership with a school district to
 provide a prekindergarten program;
 (C)  have a partnership with the Early Head Start
 or Head Start Program;
 (D)  increase the number of places reserved for
 infants and toddlers by high-quality child care providers; or
 (E)  satisfy a requirement in the local workforce
 development board's strategic plan.
 (c)  Not later than six months after a local workforce
 development board enters into a contract under Subsection (a), the
 board shall submit a report to the commission evaluating the
 contract to determine its effect on:
 (1)  the financial stability of the child care provider
 participating in the contract;
 (2)  the availability of high-quality child care
 options for participants in the commission's subsidized child care
 program in the workforce development area;
 (3)  the number of high-quality child care providers in
 any part of the workforce development area with a high
 concentration of families with a need for child care; and
 (4)  the percentage of children participating in the
 commission's subsidized child care program at each Texas Rising
 Star Program provider in the local workforce development area.
 (d)  The commission shall determine the information that
 must be included in the report required by Subsection (c). A local
 workforce development board shall update the report required by
 Subsection (c) every six months from the date the board submits its
 initial report to the commission.
 SECTION 6.  This Act takes effect September 1, 2019.