Texas 2025 - 89th Regular

Texas Senate Bill SB2049 Compare Versions

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

Old	New	Differences
1	1	89R9106 RAL-D
2	2	By: Birdwell, Blanco S.B. No. 2049
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the establishment of the Quad-Agency Child Care
10	10	Initiative and the Quad-Agency Child Care Initiative Commission.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle B, Title 3, Human Resources Code, is
13	13	amended by adding Chapter 74 to read as follows:
14	14	CHAPTER 74. QUAD-AGENCY CHILD CARE INITIATIVE
15	15	Sec. 74.001. DEFINITIONS. In this chapter:
16	16	(1) "Commission" means the Quad-Agency Child Care
17	17	Initiative Commission unless the context indicates otherwise.
18	18	(2) "Initiative" means the Quad-Agency Child Care
19	19	Initiative established under this chapter.
20	20	(3) "Participating agency" means a state agency
21	21	participating in the initiative, including:
22	22	(A) the Texas Workforce Commission;
23	23	(B) the Health and Human Services Commission;
24	24	(C) the Department of Family and Protective
25	25	Services; and
26	26	(D) the Texas Education Agency.
27	27	(4) "Quad-Agency chair" means the chair of the
28	28	commission.
29	29	Sec. 74.002. PURPOSE. (a) The Quad-Agency Child Care
30	30	Initiative is established to foster collaboration, coordinate
31	31	policies, and review and streamline regulations between the
32	32	participating agencies that govern child care in the state.
33	33	(b) The Quad-Agency Child Care Initiative Commission is
34	34	established to lead the Quad-Agency Child Care Initiative.
35	35	Sec. 74.003. MEMBERSHIP. (a) The commission is composed of
36	36	the following members:
37	37	(1) the chair of the Texas Workforce Commission;
38	38	(2) the executive commissioner of the Health and Human
39	39	Services Commission;
40	40	(3) the commissioner of the Department of Family and
41	41	Protective Services; and
42	42	(4) the commissioner of education.
43	43	(b) The chair of the Texas Workforce Commission shall serve
44	44	as the chair of the commission.
45	45	Sec. 74.004. INTERAGENCY STAFFING. (a) The participating
46	46	agencies shall enter into one or more interagency agreements
47	47	establishing policies and processes for coordinating the
48	48	assignment of existing staff and other resources as necessary to
49	49	perform the duties of this chapter.
50	50	(b) The time spent by an employee of a participating agency
51	51	in supporting the work of the initiative is not included in
52	52	calculating the number of full-time equivalent employees allotted
53	53	to the respective agencies under other law.
54	54	Sec. 74.005. DUTIES. The commission shall:
55	55	(1) coordinate participating agency initiatives that
56	56	impact the cost, quality, or accessibility of child care;
57	57	(2) consider and start interagency initiatives to
58	58	expand access to quality, affordable child care; and
59	59	(3) review and streamline existing or proposed
60	60	regulations, rules, policies, or any other participating agency
61	61	actions that impact the child-care industry to:
62	62	(A) resolve regulatory conflicts and duplication
63	63	among participating agencies;
64	64	(B) lower insurance costs for child-care
65	65	providers;
66	66	(C) protect the health and safety of children
67	67	participating in child care;
68	68	(D) advance quality education for child-care
69	69	providers; and
70	70	(E) create consistent, predictable, and
71	71	reasonable enforcement mechanisms among participating agencies.
72	72	Sec. 74.006. MEETINGS. (a) The commission shall meet at
73	73	least three times each year.
74	74	(b) The commission may meet in person or using a virtual
75	75	platform that allows for a recording and live broadcast that is
76	76	accessible to the public.
77	77	(c) The commission is a governmental body for purposes of
78	78	Chapter 551, Government Code.
79	79	Sec. 74.007. REVIEW BY COMMISSION. (a) The Quad-Agency
80	80	chair may initiate an independent review by the commission of any
81	81	existing or proposed regulation, rule, policy, or other
82	82	participating agency action that may impact the cost, quality, or
83	83	accessibility of child care to determine whether:
84	84	(1) the regulation, rule, policy, or other agency
85	85	action is consistent with the objectives identified in Section
86	86	74.005(3); and
87	87	(2) a less restrictive regulation, rule, policy, or
88	88	other agency action could more effectively achieve the objectives
89	89	identified in Section 74.005(3).
90	90	(b) In conducting a review under this section, the
91	91	Quad-Agency chair may request additional information from a
92	92	participating agency. A participating agency shall provide the
93	93	additional information in writing as soon as practicable after
94	94	receiving a request under this section.
95	95	(c) The commission shall:
96	96	(1) not later than the 10th business day after the date
97	97	a review is initiated under this chapter, provide notice of the
98	98	review, including instructions on how to submit public comments on
99	99	the review:
100	100	(A) on the Texas Workforce Commission's Internet
101	101	website;
102	102	(B) by e-mail to individuals who have subscribed
103	103	to receive notifications through the Texas Workforce Commission's
104	104	Internet website; and
105	105	(C) using any other relevant stakeholder
106	106	communication platforms; and
107	107	(2) make the following available to the public on the
108	108	Texas Workforce Commission's Internet website for each review
109	109	conducted under this chapter for not less than two years from the
110	110	date a determination is made under Section 74.011:
111	111	(A) all public comments submitted;
112	112	(B) all written agency submissions; and
113	113	(C) the determination of the commission based on
114	114	the review.
115	115	Sec. 74.008. RIGHT TO REQUEST REVIEW. (a) The commission
116	116	shall establish a process by which members of the public, elected
117	117	officials, or leadership from agencies that are not participating
118	118	agencies may request a review of any existing or proposed
119	119	regulation, rule, policy, or other participating agency action that
120	120	may impact the cost, quality, or accessibility of child care.
121	121	(b) The Quad-Agency chair may grant a request to conduct a
122	122	review requested under this section.
123	123	(c) The commission shall make all requests for review
124	124	submitted under this section available to the public on the Texas
125	125	Workforce Commission's Internet website for not less than two years
126	126	from the date the commission receives the request.
127	127	Sec. 74.009. EXPEDITED REVIEW. (a) A participating agency
128	128	whose existing or proposed regulation, rule, policy, or other
129	129	agency action is being reviewed under Section 74.007 may request an
130	130	expedited review.
131	131	(b) The Quad-Agency chair shall grant a request for
132	132	expedited review if the participating agency demonstrates:
133	133	(1) an extraordinary circumstance; or
134	134	(2) the need to meet a statutory or administrative
135	135	deadline.
136	136	(c) If a request for an expedited review is granted, the
137	137	Quad-Agency chair shall coordinate with the participating agency to
138	138	accommodate completion of the review within the timeline requested
139	139	by the agency.
140	140	Sec. 74.010. PUBLIC COMMENT. (a) For each review conducted
141	141	under this chapter, the commission shall accept public comment
142	142	through the Texas Workforce Commission's Internet website from the
143	143	date notice regarding the review is provided under Section
144	144	74.007(c)(1) until:
145	145	(1) the end of the 30th day after that date; or
146	146	(2) the end of the 10th day after that date for an
147	147	expedited review granted under Section 74.009.
148	148	(b) As part of a review under this chapter, the Quad-Agency
149	149	chair:
150	150	(1) shall consider all comments received within the
151	151	public comment period provided under Subsection (a); and
152	152	(2) may consider public comments received outside of
153	153	the public comment period provided under Subsection (a).
154	154	Sec. 74.011. DETERMINATION. (a) After a public comment
155	155	period under Section 74.010 has closed, the commission shall render
156	156	the commission's determination as to whether or not the existing or
157	157	proposed regulation, rule, policy, or other participating agency
158	158	action reviewed under this chapter is consistent with the
159	159	objectives identified in Section 74.005(3).
160	160	(b) If the commission determines that the existing or
161	161	proposed regulation, rule, policy, or other participating agency
162	162	action reviewed under this chapter:
163	163	(1) is consistent with the objectives identified in
164	164	Section 74.005(3), no further action will be taken; or
165	165	(2) is inconsistent with the objectives identified in
166	166	Section 74.005(3), the participating agency whose existing or
167	167	proposed regulation, rule, policy, or other agency action was the
168	168	subject of the review shall:
169	169	(A) immediately cease any enforcement activity
170	170	related to the regulation, rule, policy, or other agency action;
171	171	(B) withdraw the regulation, rule, policy, or
172	172	other agency action as soon as practicable; and
173	173	(C) if the participating agency considers
174	174	appropriate, replace it with a less restrictive regulation, rule,
175	175	policy, or other agency action.
176	176	(c) The commission may provide suggestions to a
177	177	participating agency on less restrictive regulations, rules,
178	178	policies, or other agency actions the agency may adopt to replace a
179	179	regulation, rule, policy, or other agency action that the
180	180	commission considers inconsistent with the objectives identified
181	181	in Section 74.005(3).
182	182	(d) This section may not be construed to authorize the
183	183	commission to require a participating agency to adopt a less
184	184	restrictive regulation, rule, policy, or other agency action
185	185	suggested by the commission under Subsection (c).
186	186	SECTION 2. Not later than March 31, 2026, the Quad-Agency
187	187	Child Care Initiative Commission shall hold the first meeting
188	188	required under Section 74.006, Human Resources Code, as added by
189	189	this Act.
190	190	SECTION 3. This Act takes effect immediately if it receives
191	191	a vote of two-thirds of all the members elected to each house, as
192	192	provided by Section 39, Article III, Texas Constitution. If this
193	193	Act does not receive the vote necessary for immediate effect, this
194	194	Act takes effect September 1, 2025.