1 | 1 | | By: Hancock S.B. No. 2979 |
---|
2 | 2 | | |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | A BILL TO BE ENTITLED |
---|
7 | 7 | | AN ACT |
---|
8 | 8 | | relating to establishing a child-care innovation pilot program. |
---|
9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
10 | 10 | | SECTION 1. Subtitle B, Title 4, Labor Code, is amended by |
---|
11 | 11 | | adding Chapter 320 to read as follows: |
---|
12 | 12 | | CHAPTER 320. CHILD-CARE INNOVATION PILOT PROGRAM |
---|
13 | 13 | | Sec. 320.001. DEFINITIONS. In this chapter: |
---|
14 | 14 | | (1) "Board" means a local workforce development board |
---|
15 | 15 | | created under Subchapter F, Chapter 2308, Government Code. |
---|
16 | 16 | | (2) "Program" means the child-care innovation pilot |
---|
17 | 17 | | program established under this chapter. |
---|
18 | 18 | | (3) "Provider" means a child-care provider who is |
---|
19 | 19 | | engaging with the program established under this chapter. |
---|
20 | 20 | | Sec. 320.002. ESTABLISHMENT. (a) The commission shall |
---|
21 | 21 | | establish and administer the child-care innovation pilot program to |
---|
22 | 22 | | address strategic workforce needs of designated pilot regions |
---|
23 | 23 | | across the state by increasing the supply of quality, affordable |
---|
24 | 24 | | child care and encouraging child-care partnerships with employers. |
---|
25 | 25 | | (b) The program shall enable boards designated by the |
---|
26 | 26 | | commission to partner with local employers and high-quality |
---|
27 | 27 | | providers to provide grants that will fund innovative child-care |
---|
28 | 28 | | expansion projects and employer partnerships that directly impact |
---|
29 | 29 | | strategic local workforce needs. |
---|
30 | 30 | | Sec. 320.003. ADMINISTRATION. (a) From funds appropriated |
---|
31 | 31 | | to the commission for the program, the program shall be |
---|
32 | 32 | | administered by local workforce development boards that serve: |
---|
33 | 33 | | (1) a county with a population greater than 2 million |
---|
34 | 34 | | that is adjacent to a county with a population greater than 2.5 |
---|
35 | 35 | | million, or |
---|
36 | 36 | | (2) two or more counties adjacent to subsection (1). |
---|
37 | 37 | | (b) If the commission determines there are additional funds |
---|
38 | 38 | | available after funding the local workforce development boards in |
---|
39 | 39 | | Subsection (a), the commission shall by rule adopt a process for |
---|
40 | 40 | | selecting additional local workforce development boards to operate |
---|
41 | 41 | | the pilot. Rulemaking shall include a competitive application |
---|
42 | 42 | | process and selection criteria. |
---|
43 | 43 | | Sec. 320.004. APPLICATION; STRATEGIC PLAN. (a) Any local |
---|
44 | 44 | | workforce development board that participates in the program shall |
---|
45 | 45 | | submit a letter of intent to the commission including: |
---|
46 | 46 | | (1) a strategic plan proposing: |
---|
47 | 47 | | (A) measurable performance goals and progress |
---|
48 | 48 | | measures related to increasing the supply and accessibility of |
---|
49 | 49 | | quality, affordable child-care services; |
---|
50 | 50 | | (B) plans for engaging regional stakeholders, |
---|
51 | 51 | | including local employers, business associations, and |
---|
52 | 52 | | organizations that provide services to children and families, to |
---|
53 | 53 | | develop and meet regional performance goals that are based on |
---|
54 | 54 | | strategic workforce needs; |
---|
55 | 55 | | (C) the number of providers to whom the board |
---|
56 | 56 | | plans to award grants; |
---|
57 | 57 | | (D) staffing structures to support the effective |
---|
58 | 58 | | implementation of the program, including technical assistance for |
---|
59 | 59 | | child-care providers; and |
---|
60 | 60 | | (E) plans to maximize the results of the program |
---|
61 | 61 | | and support the future sustainability of child-care providers |
---|
62 | 62 | | participating in the program if state funding is not continued; and |
---|
63 | 63 | | (2) the total amount of money requested to implement |
---|
64 | 64 | | that board's strategic plan. |
---|
65 | 65 | | Sec. 320.005. AGREEMENTS WITH PARTICIPATING BOARDS. The |
---|
66 | 66 | | commission shall develop and enter into a performance agreement |
---|
67 | 67 | | with each participating local workforce development board. Each of |
---|
68 | 68 | | those boards shall comply with the terms of the performance |
---|
69 | 69 | | agreement during its participation in the program. The performance |
---|
70 | 70 | | agreement must: |
---|
71 | 71 | | (1) include measurable performance goals and progress |
---|
72 | 72 | | measures that are: |
---|
73 | 73 | | (A) related to increasing the supply and |
---|
74 | 74 | | accessibility of quality, affordable child-care services in the |
---|
75 | 75 | | pilot region; and |
---|
76 | 76 | | (B) aligned to that board's strategic plan; and |
---|
77 | 77 | | (2) allocate responsibilities for accessing and |
---|
78 | 78 | | reporting progress and outcome information. |
---|
79 | 79 | | Sec. 320.007. ALLOCATION OF FUNDS. From the funds |
---|
80 | 80 | | appropriated to the commission for the program, the commission |
---|
81 | 81 | | shall award an amount of money to each local workforce development |
---|
82 | 82 | | board participating in the program. In determining the allocation |
---|
83 | 83 | | of money, the commission shall consider: |
---|
84 | 84 | | (1) the size and population of the pilot region; |
---|
85 | 85 | | (2) the unmet child-care needs in the region and the |
---|
86 | 86 | | proposed funding required to address the needs; |
---|
87 | 87 | | (3) the proposed number of eligible providers in each |
---|
88 | 88 | | region to whom that board intends to award grants; |
---|
89 | 89 | | (4) the budget requested in that board's proposed |
---|
90 | 90 | | strategic plan under Section 320.004(a)(2); and |
---|
91 | 91 | | (5) other factors determined by the commission. |
---|
92 | 92 | | Sec. 320.008. GRANTS. (a) From funds awarded to a local |
---|
93 | 93 | | workforce development board participating in the program, the |
---|
94 | 94 | | board, after conducting a competitive selection process, shall |
---|
95 | 95 | | award grants to eligible providers that enter into a grant contract |
---|
96 | 96 | | with the board to expand quality, affordable child-care services in |
---|
97 | 97 | | accordance with the region's strategic workforce needs and the |
---|
98 | 98 | | local workforce development board's approved strategic plan. |
---|
99 | 99 | | (b) In awarding a grant under the program, a local workforce |
---|
100 | 100 | | development board shall give preference to an eligible provider |
---|
101 | 101 | | that demonstrates capacity to: |
---|
102 | 102 | | (1) provide high-demand child-care services |
---|
103 | 103 | | identified by the board; and |
---|
104 | 104 | | (2) partner with one or more local employers. |
---|
105 | 105 | | Sec. 320.009. PROVIDER ELIGIBILITY. (a) To be eligible to |
---|
106 | 106 | | receive a grant under the program, a child-care provider must: |
---|
107 | 107 | | (1) be a Texas Rising Star Program provider with a |
---|
108 | 108 | | three-star rating or higher; |
---|
109 | 109 | | (2) be accredited by the National Association for the |
---|
110 | 110 | | Education of Young Children; |
---|
111 | 111 | | (3) have an accreditation from a Montessori |
---|
112 | 112 | | accreditation organization; or |
---|
113 | 113 | | (4) meet an alternative quality criterion or waiver |
---|
114 | 114 | | prescribed by the commission. |
---|
115 | 115 | | (b) A provider under Subsection (a) may not be owned or |
---|
116 | 116 | | operated by the organization that administers grants for the local |
---|
117 | 117 | | workforce development board under the state child care services |
---|
118 | 118 | | program administered by the commission. |
---|
119 | 119 | | (c) In consultation with local employers and other regional |
---|
120 | 120 | | stakeholders, the board shall develop a competitive application and |
---|
121 | 121 | | scoring process for eligible providers to apply for a grant under |
---|
122 | 122 | | the program to meet the goals in the board's approved strategic plan |
---|
123 | 123 | | under Section 320.004. |
---|
124 | 124 | | (d) A local workforce development board shall develop and |
---|
125 | 125 | | enter into a grant contract with each eligible provider awarded a |
---|
126 | 126 | | grant under the program. Each eligible provider awarded a grant |
---|
127 | 127 | | shall comply with the terms of the grant contract. At a minimum, |
---|
128 | 128 | | grant contracts must require eligible providers to: |
---|
129 | 129 | | (1) maintain the ability to enroll the required number |
---|
130 | 130 | | of children within each designated service area outlined in the |
---|
131 | 131 | | board's grant contract; |
---|
132 | 132 | | (2) ensure all educators employed by the provider earn |
---|
133 | 133 | | a minimum wage that is equal to or above the self-sufficient wage |
---|
134 | 134 | | required by Section 2308A.012, Government Code, in the county in |
---|
135 | 135 | | which the provider is located; |
---|
136 | 136 | | (3) maintain participation in the child-care services |
---|
137 | 137 | | program administered by the commission and accept participating |
---|
138 | 138 | | children as openings become available; |
---|
139 | 139 | | (4) maintain tuition rates at the provider's posted |
---|
140 | 140 | | rate or at a rate lower than the posted rate for families who do not |
---|
141 | 141 | | receive subsidized child-care services; |
---|
142 | 142 | | (5) maintain all program eligibility requirements; |
---|
143 | 143 | | (6) provide regular reports demonstrating compliance |
---|
144 | 144 | | with the board's grant contract; and |
---|
145 | 145 | | (7) provide any additional data requested by the |
---|
146 | 146 | | board. |
---|
147 | 147 | | Sec. 320.010. SUBCONTRACTING. (a) In accordance with |
---|
148 | 148 | | Section 2308.264(e), Government Code, a local workforce |
---|
149 | 149 | | development board may subcontract with a coordinating entity to |
---|
150 | 150 | | administer the program. |
---|
151 | 151 | | (b) The commission may adopt rules establishing |
---|
152 | 152 | | requirements for a coordinating entity with which a board |
---|
153 | 153 | | subcontracts under this section. |
---|
154 | 154 | | Sec. 320.011. USE OF FUNDS. (a) From money appropriated by |
---|
155 | 155 | | the legislature to implement the program, the commission may use |
---|
156 | 156 | | not more than: |
---|
157 | 157 | | (1) 9 percent of the total amount appropriated to pay |
---|
158 | 158 | | costs related to administering the program by the commission and |
---|
159 | 159 | | participating local workforce development boards, including |
---|
160 | 160 | | technical assistance provided to providers under the program; and |
---|
161 | 161 | | (2) 1 percent of the total amount appropriated to pay |
---|
162 | 162 | | costs related to research and evaluation of the program. |
---|
163 | 163 | | (b) The commission shall use at least 90 percent of the |
---|
164 | 164 | | total amount appropriated for grants administered under the |
---|
165 | 165 | | program. |
---|
166 | 166 | | (c) The commission shall adopt rules relating to the award |
---|
167 | 167 | | of grants under the program that are designed to maximize the impact |
---|
168 | 168 | | of the program and ensure the funding is sufficient to execute on |
---|
169 | 169 | | the terms of the grant contract. |
---|
170 | 170 | | (d) In awarding a grant under the program, the commission or |
---|
171 | 171 | | local workforce development boards may adjust reimbursement rates |
---|
172 | 172 | | as necessary to account for the costs of providing care to |
---|
173 | 173 | | specialized populations, including children with disabilities, |
---|
174 | 174 | | infants, toddlers, and children needing after-hours care. |
---|
175 | 175 | | (e) Each local workforce development board participating in |
---|
176 | 176 | | the program shall ensure that all grant money has been allocated not |
---|
177 | 177 | | later than December 31, 2027. |
---|
178 | 178 | | (f) In addition to funds appropriated by the legislature, to |
---|
179 | 179 | | administer and expand the impact of the program, the commission or |
---|
180 | 180 | | local workforce development boards may: |
---|
181 | 181 | | (1) seek and apply for any available federal or local |
---|
182 | 182 | | funds; and |
---|
183 | 183 | | (2) solicit and accept gifts, grants, and donations |
---|
184 | 184 | | from any other public or private source. |
---|
185 | 185 | | Sec. 320.012. QUARTERLY REPORT TO THE COMMISSION. (a) Each |
---|
186 | 186 | | local workforce development board participating in the program |
---|
187 | 187 | | shall submit a quarterly report to the commission, detailing the |
---|
188 | 188 | | use of grant money received under the program and related outcomes, |
---|
189 | 189 | | including: |
---|
190 | 190 | | (1) a list of providers receiving grant money and the |
---|
191 | 191 | | provider's monthly grant awards; |
---|
192 | 192 | | (2) each provider's compliance with performance goals |
---|
193 | 193 | | outlined in the provider's grant contract with the board; and |
---|
194 | 194 | | (3) that board's progress toward outcomes identified |
---|
195 | 195 | | in the approved strategic plan under Section 320.004. |
---|
196 | 196 | | (b) A local workforce development board shall submit the |
---|
197 | 197 | | first report required by this section not later than the 120th day |
---|
198 | 198 | | after the date the board awards its first grant to a provider under |
---|
199 | 199 | | the program and submit subsequent reports every 120 days |
---|
200 | 200 | | thereafter. |
---|
201 | 201 | | Sec. 320.013. REPORT. Not later than December 1, 2026, the |
---|
202 | 202 | | commission shall review the effectiveness of the program and submit |
---|
203 | 203 | | to the governor, the lieutenant governor, the speaker of the house |
---|
204 | 204 | | of representatives, and the members of each legislative standing |
---|
205 | 205 | | committee with primary jurisdiction over economic development a |
---|
206 | 206 | | written report regarding the outcomes, challenges, and |
---|
207 | 207 | | opportunities of the program. |
---|
208 | 208 | | Sec. 320.014. RULES. The commission shall adopt rules |
---|
209 | 209 | | necessary to implement this chapter. |
---|
210 | 210 | | Sec. 320.015. EXPIRATION. This chapter expires September |
---|
211 | 211 | | 1, 2029. |
---|
212 | 212 | | SECTION 2. The Texas Workforce Commission is required to |
---|
213 | 213 | | implement a provision of this Act only if the legislature |
---|
214 | 214 | | appropriates money specifically for that purpose. If the |
---|
215 | 215 | | legislature does not appropriate money specifically for that |
---|
216 | 216 | | purpose, the commission may, but is not required to, implement a |
---|
217 | 217 | | provision of this Act using other appropriations that are available |
---|
218 | 218 | | for that purpose. |
---|
219 | 219 | | SECTION 3. This Act takes effect September 1, 2025. |
---|