H.B. No. 2607
AN ACT
relating to the powers and duties of the Texas Workforce Commission
and local workforce development boards regarding the provision of
child care and the subsidized child care program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2308.3155, Government Code, is amended
by amending Subsection (a) and adding Subsections (b-1) and (b-2)
to read as follows:
(a) The Texas Rising Star Program is a [voluntary,]
quality-based child care rating system of child care providers
participating in the commission's subsidized child care program.
(b-1) The rating system adopted under Subsection (b) must
include an entry level rating for child care providers and a maximum
length of time a provider may participate at the entry level rating.
To qualify for the entry level rating a child care provider must
meet the minimum quality standards that qualify the provider to
receive technical assistance and support under the Texas Rising
Star Program. A provider participating at the entry level rating is
not eligible for increased reimbursement rates.
(b-2) The commission shall develop a process to allow a
child care provider to request a waiver to extend the length of time
the provider may participate at the entry level rating described by
Subsection (b-1). The waiver authorized by this subsection may not
exceed 36 months.
SECTION 2. Sections 302.0042(b) and (c), Labor Code, are
amended 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 monthly price charged by child care
providers for full-day 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 average monthly price charged by quality child
care providers for full-day child care in each local workforce
development area;
(6) the poverty rate of each local workforce
development area compared to the state's poverty rate;
(7) the number of children on waiting lists for child
care in each local workforce development area;
(8) the number of places that are reserved by each
local workforce development board in contracts authorized under
Section 302.0461 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 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;
(9) 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;
(10) 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 both
subsidized child care providers and all child care providers in the
local workforce development area;
(11) 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 both subsidized child care
providers and all child care providers in the local workforce
development area;
(12) 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]
(13) 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; and
(14) the number of 3-star and 4-star rated child care
providers participating in partnerships with public school
districts and public charter schools based on data provided by the
Texas Education Agency, as necessary.
(c) For the purposes of evaluation under this section, the
commission shall annually update the information described by
Subsections (b)(7)-(14) [(b)(7)-(13)].
SECTION 3. Subchapter A, Chapter 302, Labor Code, is
amended by adding Section 302.00436 to read as follows:
Sec. 302.00436. SUBSIDIZED CHILD CARE PROGRAM: INFORMATION
FOR PUBLIC SCHOOLS. Each local workforce development board shall
inform the local school districts and open-enrollment charter
schools in the workforce development area regarding opportunities
to partner with child-care providers in the board's area to expand
access to and provide facilities for prekindergarten programs.
SECTION 4. Section 302.0461(d), Labor Code, is amended to
read as follows:
(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 12 [six] months from the date the board submits
its initial report to the commission.
SECTION 5. The Texas Workforce Commission and local
workforce development boards are required to implement a provision
of this Act only if federal money is available for that purpose and
using the federal money for that purpose would not result in
supplanting or decreasing existing funding for programs currently
funded by the Texas Workforce Commission using available federal
money under the Child Care Development Block Grant. If the state
does not receive sufficient additional federal money under the
Child Care Development Block Grant or other federal money to
implement a provision of this Act, the commission and the boards
may, but are not required to, implement a provision of this Act
using other appropriations available for that purpose.
SECTION 6. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2607 was passed by the House on April
15, 2021, by the following vote: Yeas 88, Nays 58, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2607 on May 28, 2021, by the following vote: Yeas 88, Nays 58,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2607 was passed by the Senate, with
amendments, on May 25, 2021, by the following vote: Yeas 27, Nays
4.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor