89R9106 RAL-D
By: Birdwell, Blanco S.B. No. 2049
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Quad-Agency Child Care
Initiative and the Quad-Agency Child Care Initiative Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 3, Human Resources Code, is
amended by adding Chapter 74 to read as follows:
CHAPTER 74. QUAD-AGENCY CHILD CARE INITIATIVE
Sec. 74.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Quad-Agency Child Care
Initiative Commission unless the context indicates otherwise.
(2) "Initiative" means the Quad-Agency Child Care
Initiative established under this chapter.
(3) "Participating agency" means a state agency
participating in the initiative, including:
(A) the Texas Workforce Commission;
(B) the Health and Human Services Commission;
(C) the Department of Family and Protective
Services; and
(D) the Texas Education Agency.
(4) "Quad-Agency chair" means the chair of the
commission.
Sec. 74.002. PURPOSE. (a) The Quad-Agency Child Care
Initiative is established to foster collaboration, coordinate
policies, and review and streamline regulations between the
participating agencies that govern child care in the state.
(b) The Quad-Agency Child Care Initiative Commission is
established to lead the Quad-Agency Child Care Initiative.
Sec. 74.003. MEMBERSHIP. (a) The commission is composed of
the following members:
(1) the chair of the Texas Workforce Commission;
(2) the executive commissioner of the Health and Human
Services Commission;
(3) the commissioner of the Department of Family and
Protective Services; and
(4) the commissioner of education.
(b) The chair of the Texas Workforce Commission shall serve
as the chair of the commission.
Sec. 74.004. INTERAGENCY STAFFING. (a) The participating
agencies shall enter into one or more interagency agreements
establishing policies and processes for coordinating the
assignment of existing staff and other resources as necessary to
perform the duties of this chapter.
(b) The time spent by an employee of a participating agency
in supporting the work of the initiative is not included in
calculating the number of full-time equivalent employees allotted
to the respective agencies under other law.
Sec. 74.005. DUTIES. The commission shall:
(1) coordinate participating agency initiatives that
impact the cost, quality, or accessibility of child care;
(2) consider and start interagency initiatives to
expand access to quality, affordable child care; and
(3) review and streamline existing or proposed
regulations, rules, policies, or any other participating agency
actions that impact the child-care industry to:
(A) resolve regulatory conflicts and duplication
among participating agencies;
(B) lower insurance costs for child-care
providers;
(C) protect the health and safety of children
participating in child care;
(D) advance quality education for child-care
providers; and
(E) create consistent, predictable, and
reasonable enforcement mechanisms among participating agencies.
Sec. 74.006. MEETINGS. (a) The commission shall meet at
least three times each year.
(b) The commission may meet in person or using a virtual
platform that allows for a recording and live broadcast that is
accessible to the public.
(c) The commission is a governmental body for purposes of
Chapter 551, Government Code.
Sec. 74.007. REVIEW BY COMMISSION. (a) The Quad-Agency
chair may initiate an independent review by the commission of any
existing or proposed regulation, rule, policy, or other
participating agency action that may impact the cost, quality, or
accessibility of child care to determine whether:
(1) the regulation, rule, policy, or other agency
action is consistent with the objectives identified in Section
74.005(3); and
(2) a less restrictive regulation, rule, policy, or
other agency action could more effectively achieve the objectives
identified in Section 74.005(3).
(b) In conducting a review under this section, the
Quad-Agency chair may request additional information from a
participating agency. A participating agency shall provide the
additional information in writing as soon as practicable after
receiving a request under this section.
(c) The commission shall:
(1) not later than the 10th business day after the date
a review is initiated under this chapter, provide notice of the
review, including instructions on how to submit public comments on
the review:
(A) on the Texas Workforce Commission's Internet
website;
(B) by e-mail to individuals who have subscribed
to receive notifications through the Texas Workforce Commission's
Internet website; and
(C) using any other relevant stakeholder
communication platforms; and
(2) make the following available to the public on the
Texas Workforce Commission's Internet website for each review
conducted under this chapter for not less than two years from the
date a determination is made under Section 74.011:
(A) all public comments submitted;
(B) all written agency submissions; and
(C) the determination of the commission based on
the review.
Sec. 74.008. RIGHT TO REQUEST REVIEW. (a) The commission
shall establish a process by which members of the public, elected
officials, or leadership from agencies that are not participating
agencies may request a review of any existing or proposed
regulation, rule, policy, or other participating agency action that
may impact the cost, quality, or accessibility of child care.
(b) The Quad-Agency chair may grant a request to conduct a
review requested under this section.
(c) The commission shall make all requests for review
submitted under this section available to the public on the Texas
Workforce Commission's Internet website for not less than two years
from the date the commission receives the request.
Sec. 74.009. EXPEDITED REVIEW. (a) A participating agency
whose existing or proposed regulation, rule, policy, or other
agency action is being reviewed under Section 74.007 may request an
expedited review.
(b) The Quad-Agency chair shall grant a request for
expedited review if the participating agency demonstrates:
(1) an extraordinary circumstance; or
(2) the need to meet a statutory or administrative
deadline.
(c) If a request for an expedited review is granted, the
Quad-Agency chair shall coordinate with the participating agency to
accommodate completion of the review within the timeline requested
by the agency.
Sec. 74.010. PUBLIC COMMENT. (a) For each review conducted
under this chapter, the commission shall accept public comment
through the Texas Workforce Commission's Internet website from the
date notice regarding the review is provided under Section
74.007(c)(1) until:
(1) the end of the 30th day after that date; or
(2) the end of the 10th day after that date for an
expedited review granted under Section 74.009.
(b) As part of a review under this chapter, the Quad-Agency
chair:
(1) shall consider all comments received within the
public comment period provided under Subsection (a); and
(2) may consider public comments received outside of
the public comment period provided under Subsection (a).
Sec. 74.011. DETERMINATION. (a) After a public comment
period under Section 74.010 has closed, the commission shall render
the commission's determination as to whether or not the existing or
proposed regulation, rule, policy, or other participating agency
action reviewed under this chapter is consistent with the
objectives identified in Section 74.005(3).
(b) If the commission determines that the existing or
proposed regulation, rule, policy, or other participating agency
action reviewed under this chapter:
(1) is consistent with the objectives identified in
Section 74.005(3), no further action will be taken; or
(2) is inconsistent with the objectives identified in
Section 74.005(3), the participating agency whose existing or
proposed regulation, rule, policy, or other agency action was the
subject of the review shall:
(A) immediately cease any enforcement activity
related to the regulation, rule, policy, or other agency action;
(B) withdraw the regulation, rule, policy, or
other agency action as soon as practicable; and
(C) if the participating agency considers
appropriate, replace it with a less restrictive regulation, rule,
policy, or other agency action.
(c) The commission may provide suggestions to a
participating agency on less restrictive regulations, rules,
policies, or other agency actions the agency may adopt to replace a
regulation, rule, policy, or other agency action that the
commission considers inconsistent with the objectives identified
in Section 74.005(3).
(d) This section may not be construed to authorize the
commission to require a participating agency to adopt a less
restrictive regulation, rule, policy, or other agency action
suggested by the commission under Subsection (c).
SECTION 2. Not later than March 31, 2026, the Quad-Agency
Child Care Initiative Commission shall hold the first meeting
required under Section 74.006, Human Resources Code, as added by
this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.