Texas 2019 - 86th Regular

Texas House Bill HB680 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 680
	1	+	By: Deshotel, Lopez (Senate Sponsor - Watson, West) H.B. No. 680
	2	+	(In the Senate - Received from the House April 24, 2019;
	3	+	May 8, 2019, read first time and referred to Committee on
	4	+	Education; May 17, 2019, reported favorably by the following vote:
	5	+	Yeas 8, Nays 3; May 17, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the powers and duties of the Texas Workforce Commission
6	12		and local workforce development boards regarding the provision of
7	13		child care.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 2308.317, Government Code, is amended by
10	16		adding Subsection (e) to read as follows:
11	17		(e) Each board shall, to the extent practicable, ensure that
12	18		any professional development for child care providers, directors,
13	19		and employees funded under Subsection (a):
14	20		(1) can be used toward requirements for a credential,
15	21		certification, or degree program; and
16	22		(2) meets the professional development requirements
17	23		of the Texas Rising Star Program.
18	24		SECTION 2. Section 302.0042, Labor Code, is amended by
19		-	amending Subsection (b) and adding ~~Subsections~~ (c) ~~and (d)~~ to read
20		-	as follows:
	25	+	amending Subsection (b) and adding Subsection (c) to read as
	26	+	follows:
21	27		(b) The commission's evaluation must assess:
22	28		(1) the use of current federal child care funds by each
23	29		local workforce development board;
24	30		(2) the ability of each local workforce development
25	31		board to meet child care performance measures;
26	32		(3) the average cost of child care in each local
27	33		workforce development area;
28		-	(4) the average monthly price charged by child care
29		-	providers for full-day child care in each local workforce
30		-	development area as stated in the market rate survey conducted
31		-	under 45 C.F.R. Section 98.45(c);
32		-	(5) the average monthly price charged by quality child
33		-	care providers for full-day child care in each local workforce
34		-	development area;
35		-	(6) the poverty rate of each local workforce
	34	+	(4) the average price charged by child care providers
	35	+	for child care in each local workforce development area as stated in
	36	+	the market rate survey conducted under 45 C.F.R. Section 98.45(c);
	37	+	(5) the poverty rate of each local workforce
36	38		development area compared to the state's poverty rate;
37		-	(7) [(5)] the number of children on waiting lists for
	39	+	(6) [(5)] the number of children on waiting lists for
38	40		child care in each local workforce development area; [and]
39		-	(8) [(6)] the number of places that are reserved for
	41	+	(7) [(6)] the number of places that are reserved for
40	42		participants in the child-care subsidy program out of the total
41	43		number of children enrolled with a provider on a full-time basis
42	44		categorized by age of the child for each provider [vacant slots
43	45		available for child care placement] in each local workforce
44	46		development area that is certified as a 2-star, 3-star, or 4-star
45	47		provider in the Texas Rising Star Program or that does not
46	48		participate in the Texas Rising Star Program;
47		-	(9) the total number of child care providers
	49	+	(8) the total number of child care providers
48	50		participating in the Texas Rising Star Program in each local
49	51		workforce development area and the number of 2-star, 3-star, and
50	52		4-star rated child care providers in the local workforce
51	53		development area;
52		-	(10) the number of child care providers participating
	54	+	(9) the number of child care providers participating
53	55		in the Texas Rising Star Program in each local workforce
54		-	development area as a percentage of the total number of both
55		-	subsidized child care providers and all child care providers in the
56		-	local workforce development area;
57		-	(11) the number of 2-star, 3-star, and 4-star rated
58		-	child care providers in the local workforce development area as a
59		-	percentage of the total number of both subsidized child care
60		-	providers and all child care providers in the local workforce
	56	+	development area as a percentage of the total number of subsidized
	57	+	child care providers in the local workforce development area and
	58	+	the number of 2-star, 3-star, and 4-star rated child care providers
	59	+	in the local workforce development area as a percentage of the total
	60	+	number of subsidized child care providers in the local workforce
61	61		development area;
62		-	(12) the total number of children enrolled in
	62	+	(10) the total number of children enrolled in
63	63		subsidized child care providers participating in the Texas Rising
64	64		Star Program in each local workforce development area and the
65	65		number of subsidized children enrolled in 2-star, 3-star, and
66	66		4-star rated child care providers in the local workforce
67	67		development area; and
68		-	(13) the number of subsidized children enrolled in
	68	+	(11) the number of subsidized children enrolled in
69	69		child care providers participating in the Texas Rising Star Program
70	70		in each local workforce development area as a percentage of the
71	71		total number of subsidized children enrolled in child care
72	72		providers in the local workforce development area and the number of
73	73		subsidized children enrolled in 2-star, 3-star, and 4-star rated
74	74		child care providers in the local workforce development area as a
75	75		percentage of the total number of subsidized children enrolled in
76	76		child care providers in the local workforce development area.
77	77		(c) For the purposes of evaluation under this section, the
78	78		commission shall annually update the information described by
79		-	Subsections (b)(7)-(13).
80		-	(d) In this section, "quality child care provider" means a
81		-	child care provider that:
82		-	(1) participates in the commission's Texas Rising Star
83		-	Program; or
84		-	(2) is accredited by the National Early Childhood
85		-	Program Accreditation Commission or the National Association for
86		-	the Education of Young Children, or holds any other accreditation
87		-	the commission determines meets the quality standards of the Texas
88		-	Rising Star Program.
	79	+	Subsections (b)(6)-(11).
89	80		SECTION 3. Section 302.0043, Labor Code, is amended by
90	81		adding Subsection (c-1) and amending Subsections (e) and (f) to
91	82		read as follows:
92	83		(c-1) The commission shall measure and evaluate the
93	84		progress of the commission's child care program regarding:
94	85		(1) coordination by the commission with the Texas
95	86		Education Agency to assign a Public Education Information
96	87		Management System (PEIMS) number to children younger than six years
97	88		of age enrolled in the commission's child care program;
98	89		(2) coordination with the Texas Education Agency,
99	90		school districts, and open-enrollment charter schools on any
100	91		prekindergarten quality improvement efforts;
101	92		(3) efforts to increase coordination between
102	93		participating providers in the commission's child care program,
103	94		school districts, and open-enrollment charter schools;
104	95		(4) facilitation of child care provider enrollment in
105	96		the Texas Rising Star Program and progression of providers to the
106	97		highest rating level in the program; and
107	98		(5) development and implementation of rates and
108	99		payments, as determined by local workforce development boards, to:
109	100		(A) allow participating providers to provide
110	101		high-quality child care; and
111	102		(B) ensure that the commission meets performance
112	103		measures established by the legislature for the average number of
113	104		children served by the commission's child-care program per day.
114	105		(e) The commission shall make the information collected by
115	106		the commission and the commission's findings available to local
116	107		workforce development boards, school districts, open-enrollment
117	108		charter schools, and the public.
118	109		(f) Not later than January 15 of each odd-numbered year, the
119	110		commission shall report to the legislature regarding the
120	111		commission's findings regarding the effectiveness of the
121	112		commission's child care program. The report must:
122	113		(1) include employment outcome information,
123	114		disaggregated by local workforce development area, regarding
124	115		parents receiving subsidized care under the program; [and]
125	116		(2) identify multiyear trends in the information
126	117		collected and analyzed by the commission under this section,
127	118		including trends in the information for at least the five state
128		-	fiscal years preceding the date of the report;
	119	+	fiscal years preceding the date of the report; and
129	120		(3) include information described by Sections
130		-	302.0042(b)(9)-(13);
131		-	(4) include a summary of the input obtained under
132		-	Section 302.00435; and
133		-	(5) include any recommendations for legislation or
134		-	regulation, including regulatory recommendations for governmental
135		-	bodies other than the commission, regarding the input obtained
136		-	under Section 302.00435.
	121	+	302.0042(b)(8)-(11).
137	122		SECTION 4. Section 302.00435, Labor Code, is amended to
138	123		read as follows:
139	124		Sec. 302.00435. SUBSIDIZED CHILD CARE PROGRAM; INPUT
140	125		POLICY. (a) The commission shall develop a policy for obtaining,
141	126		through appropriate methods, input from interested parties
142	127		regarding its subsidized child care program and for using that
143	128		input in administering that program.
144	129		(b) The policy developed under Subsection (a) must include
145	130		methods for obtaining input from the Texas Education Agency, school
146	131		districts, open-enrollment charter schools, subsidized child care
147	132		providers, relevant businesses, and the public, regarding:
148	133		(1) improving coordination between the subsidized
149		-	child care program and prekindergarten programs;
	134	+	child care program and prekindergarten programs; and
150	135		(2) increasing the quality of and access to the
151		-	subsidized child care program;
152		-	(3) existing health and safety rules and regulations
153		-	that could be more efficient or less costly without reducing health
154		-	and safety outcomes; and
155		-	(4) the burdens relating to complying with existing
156		-	regulations that could be mitigated, reduced, or eliminated while
157		-	maintaining the intent, objective, or purpose of the underlying
158		-	regulation.
	136	+	subsidized child care program.
159	137		SECTION 5. Subchapter C, Chapter 302, Labor Code, is
160	138		amended by adding Section 302.0461 to read as follows:
161	139		Sec. 302.0461. CHILD CARE PROVIDER CONTRACT AGREEMENTS.
162	140		(a) A local workforce development board may contract with child
163	141		care providers operating in the board's area to provide subsidized
164	142		child care services. The local workforce development board shall
165	143		determine the number of places that the board reserves in the
166	144		contract with a child care provider participating in the
167	145		commission's subsidized child care program.
168	146		(b) To be eligible for a contract under Subsection (a), a
169	147		child care provider must:
170	148		(1) be a Texas Rising Star Program provider with a
171	149		three-star rating or higher; and
172	150		(2) meet one of the following priorities of the
173	151		commission:
174	152		(A) be located in:
175	153		(i) an area where the number of children
176	154		younger than six years of age who have working parents is at least
177	155		three times greater than the capacity of licensed child care
178	156		providers in the area; or
179	157		(ii) an area determined by the commission
180	158		to be underserved with respect to child care providers;
181	159		(B) have a partnership with a school district to
182	160		provide a prekindergarten program;
183	161		(C) have a partnership with the Early Head Start
184	162		or Head Start Program;
185	163		(D) increase the number of places reserved for
186	164		infants and toddlers by high-quality child care providers; or
187	165		(E) satisfy a requirement in the local workforce
188	166		development board's strategic plan.
189	167		(c) Not later than six months after a local workforce
190	168		development board enters into a contract under Subsection (a), the
191	169		board shall submit a report to the commission evaluating the
192	170		contract to determine its effect on:
193	171		(1) the financial stability of the child care provider
194	172		participating in the contract;
195	173		(2) the availability of high-quality child care
196	174		options for participants in the commission's subsidized child care
197	175		program in the workforce development area;
198	176		(3) the number of high-quality child care providers in
199	177		any part of the workforce development area with a high
200	178		concentration of families with a need for child care; and
201	179		(4) the percentage of children participating in the
202	180		commission's subsidized child care program at each Texas Rising
203	181		Star Program provider in the local workforce development area.
204	182		(d) The commission shall determine the information that
205	183		must be included in the report required by Subsection (c). A local
206	184		workforce development board shall update the report required by
207	185		Subsection (c) every six months from the date the board submits its
208	186		initial report to the commission.
209	187		SECTION 6. This Act takes effect September 1, 2019.
210		-	______________________________ ______________________________
211		-	President of the Senate Speaker of the House
212		-	I certify that H.B. No. 680 was passed by the House on April
213		-	24, 2019, by the following vote: Yeas 84, Nays 61, 2 present, not
214		-	voting; that the House concurred in Senate amendments to H.B. No.
215		-	680 on May 24, 2019, by the following vote: Yeas 91, Nays 49, 2
216		-	present, not voting; and that the House adopted H.C.R. No. 182
217		-	authorizing certain corrections in H.B. No. 680 on May 24, 2019, by
218		-	the following vote: Yeas 141, Nays 0, 2 present, not voting.
219		-	______________________________
220		-	Chief Clerk of the House
221		-	I certify that H.B. No. 680 was passed by the Senate, with
222		-	amendments, on May 20, 2019, by the following vote: Yeas 22, Nays
223		-	9; and that the Senate adopted H.C.R. No. 182 authorizing certain
224		-	corrections in H.B. No. 680 on May 26, 2019, by the following vote:
225		-	Yeas 31, Nays 0.
226		-	______________________________
227		-	Secretary of the Senate
228		-	APPROVED: __________________
229		-	Date
230		-	__________________
231		-	Governor
	188	+	* * * * *