Texas 2025 - 89th Regular

Texas Senate Bill SB2979 Compare Versions

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11 By: Hancock S.B. No. 2979
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to establishing a child-care innovation pilot program.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle B, Title 4, Labor Code, is amended by
1111 adding Chapter 320 to read as follows:
1212 CHAPTER 320. CHILD-CARE INNOVATION PILOT PROGRAM
1313 Sec. 320.001. DEFINITIONS. In this chapter:
1414 (1) "Board" means a local workforce development board
1515 created under Subchapter F, Chapter 2308, Government Code.
1616 (2) "Program" means the child-care innovation pilot
1717 program established under this chapter.
1818 (3) "Provider" means a child-care provider who is
1919 engaging with the program established under this chapter.
2020 Sec. 320.002. ESTABLISHMENT. (a) The commission shall
2121 establish and administer the child-care innovation pilot program to
2222 address strategic workforce needs of designated pilot regions
2323 across the state by increasing the supply of quality, affordable
2424 child care and encouraging child-care partnerships with employers.
2525 (b) The program shall enable boards designated by the
2626 commission to partner with local employers and high-quality
2727 providers to provide grants that will fund innovative child-care
2828 expansion projects and employer partnerships that directly impact
2929 strategic local workforce needs.
3030 Sec. 320.003. ADMINISTRATION. (a) From funds appropriated
3131 to the commission for the program, the program shall be
3232 administered by local workforce development boards that serve:
3333 (1) a county with a population greater than 2 million
3434 that is adjacent to a county with a population greater than 2.5
3535 million, or
3636 (2) two or more counties adjacent to subsection (1).
3737 (b) If the commission determines there are additional funds
3838 available after funding the local workforce development boards in
3939 Subsection (a), the commission shall by rule adopt a process for
4040 selecting additional local workforce development boards to operate
4141 the pilot. Rulemaking shall include a competitive application
4242 process and selection criteria.
4343 Sec. 320.004. APPLICATION; STRATEGIC PLAN. (a) Any local
4444 workforce development board that participates in the program shall
4545 submit a letter of intent to the commission including:
4646 (1) a strategic plan proposing:
4747 (A) measurable performance goals and progress
4848 measures related to increasing the supply and accessibility of
4949 quality, affordable child-care services;
5050 (B) plans for engaging regional stakeholders,
5151 including local employers, business associations, and
5252 organizations that provide services to children and families, to
5353 develop and meet regional performance goals that are based on
5454 strategic workforce needs;
5555 (C) the number of providers to whom the board
5656 plans to award grants;
5757 (D) staffing structures to support the effective
5858 implementation of the program, including technical assistance for
5959 child-care providers; and
6060 (E) plans to maximize the results of the program
6161 and support the future sustainability of child-care providers
6262 participating in the program if state funding is not continued; and
6363 (2) the total amount of money requested to implement
6464 that board's strategic plan.
6565 Sec. 320.005. AGREEMENTS WITH PARTICIPATING BOARDS. The
6666 commission shall develop and enter into a performance agreement
6767 with each participating local workforce development board. Each of
6868 those boards shall comply with the terms of the performance
6969 agreement during its participation in the program. The performance
7070 agreement must:
7171 (1) include measurable performance goals and progress
7272 measures that are:
7373 (A) related to increasing the supply and
7474 accessibility of quality, affordable child-care services in the
7575 pilot region; and
7676 (B) aligned to that board's strategic plan; and
7777 (2) allocate responsibilities for accessing and
7878 reporting progress and outcome information.
7979 Sec. 320.007. ALLOCATION OF FUNDS. From the funds
8080 appropriated to the commission for the program, the commission
8181 shall award an amount of money to each local workforce development
8282 board participating in the program. In determining the allocation
8383 of money, the commission shall consider:
8484 (1) the size and population of the pilot region;
8585 (2) the unmet child-care needs in the region and the
8686 proposed funding required to address the needs;
8787 (3) the proposed number of eligible providers in each
8888 region to whom that board intends to award grants;
8989 (4) the budget requested in that board's proposed
9090 strategic plan under Section 320.004(a)(2); and
9191 (5) other factors determined by the commission.
9292 Sec. 320.008. GRANTS. (a) From funds awarded to a local
9393 workforce development board participating in the program, the
9494 board, after conducting a competitive selection process, shall
9595 award grants to eligible providers that enter into a grant contract
9696 with the board to expand quality, affordable child-care services in
9797 accordance with the region's strategic workforce needs and the
9898 local workforce development board's approved strategic plan.
9999 (b) In awarding a grant under the program, a local workforce
100100 development board shall give preference to an eligible provider
101101 that demonstrates capacity to:
102102 (1) provide high-demand child-care services
103103 identified by the board; and
104104 (2) partner with one or more local employers.
105105 Sec. 320.009. PROVIDER ELIGIBILITY. (a) To be eligible to
106106 receive a grant under the program, a child-care provider must:
107107 (1) be a Texas Rising Star Program provider with a
108108 three-star rating or higher;
109109 (2) be accredited by the National Association for the
110110 Education of Young Children;
111111 (3) have an accreditation from a Montessori
112112 accreditation organization; or
113113 (4) meet an alternative quality criterion or waiver
114114 prescribed by the commission.
115115 (b) A provider under Subsection (a) may not be owned or
116116 operated by the organization that administers grants for the local
117117 workforce development board under the state child care services
118118 program administered by the commission.
119119 (c) In consultation with local employers and other regional
120120 stakeholders, the board shall develop a competitive application and
121121 scoring process for eligible providers to apply for a grant under
122122 the program to meet the goals in the board's approved strategic plan
123123 under Section 320.004.
124124 (d) A local workforce development board shall develop and
125125 enter into a grant contract with each eligible provider awarded a
126126 grant under the program. Each eligible provider awarded a grant
127127 shall comply with the terms of the grant contract. At a minimum,
128128 grant contracts must require eligible providers to:
129129 (1) maintain the ability to enroll the required number
130130 of children within each designated service area outlined in the
131131 board's grant contract;
132132 (2) ensure all educators employed by the provider earn
133133 a minimum wage that is equal to or above the self-sufficient wage
134134 required by Section 2308A.012, Government Code, in the county in
135135 which the provider is located;
136136 (3) maintain participation in the child-care services
137137 program administered by the commission and accept participating
138138 children as openings become available;
139139 (4) maintain tuition rates at the provider's posted
140140 rate or at a rate lower than the posted rate for families who do not
141141 receive subsidized child-care services;
142142 (5) maintain all program eligibility requirements;
143143 (6) provide regular reports demonstrating compliance
144144 with the board's grant contract; and
145145 (7) provide any additional data requested by the
146146 board.
147147 Sec. 320.010. SUBCONTRACTING. (a) In accordance with
148148 Section 2308.264(e), Government Code, a local workforce
149149 development board may subcontract with a coordinating entity to
150150 administer the program.
151151 (b) The commission may adopt rules establishing
152152 requirements for a coordinating entity with which a board
153153 subcontracts under this section.
154154 Sec. 320.011. USE OF FUNDS. (a) From money appropriated by
155155 the legislature to implement the program, the commission may use
156156 not more than:
157157 (1) 9 percent of the total amount appropriated to pay
158158 costs related to administering the program by the commission and
159159 participating local workforce development boards, including
160160 technical assistance provided to providers under the program; and
161161 (2) 1 percent of the total amount appropriated to pay
162162 costs related to research and evaluation of the program.
163163 (b) The commission shall use at least 90 percent of the
164164 total amount appropriated for grants administered under the
165165 program.
166166 (c) The commission shall adopt rules relating to the award
167167 of grants under the program that are designed to maximize the impact
168168 of the program and ensure the funding is sufficient to execute on
169169 the terms of the grant contract.
170170 (d) In awarding a grant under the program, the commission or
171171 local workforce development boards may adjust reimbursement rates
172172 as necessary to account for the costs of providing care to
173173 specialized populations, including children with disabilities,
174174 infants, toddlers, and children needing after-hours care.
175175 (e) Each local workforce development board participating in
176176 the program shall ensure that all grant money has been allocated not
177177 later than December 31, 2027.
178178 (f) In addition to funds appropriated by the legislature, to
179179 administer and expand the impact of the program, the commission or
180180 local workforce development boards may:
181181 (1) seek and apply for any available federal or local
182182 funds; and
183183 (2) solicit and accept gifts, grants, and donations
184184 from any other public or private source.
185185 Sec. 320.012. QUARTERLY REPORT TO THE COMMISSION. (a) Each
186186 local workforce development board participating in the program
187187 shall submit a quarterly report to the commission, detailing the
188188 use of grant money received under the program and related outcomes,
189189 including:
190190 (1) a list of providers receiving grant money and the
191191 provider's monthly grant awards;
192192 (2) each provider's compliance with performance goals
193193 outlined in the provider's grant contract with the board; and
194194 (3) that board's progress toward outcomes identified
195195 in the approved strategic plan under Section 320.004.
196196 (b) A local workforce development board shall submit the
197197 first report required by this section not later than the 120th day
198198 after the date the board awards its first grant to a provider under
199199 the program and submit subsequent reports every 120 days
200200 thereafter.
201201 Sec. 320.013. REPORT. Not later than December 1, 2026, the
202202 commission shall review the effectiveness of the program and submit
203203 to the governor, the lieutenant governor, the speaker of the house
204204 of representatives, and the members of each legislative standing
205205 committee with primary jurisdiction over economic development a
206206 written report regarding the outcomes, challenges, and
207207 opportunities of the program.
208208 Sec. 320.014. RULES. The commission shall adopt rules
209209 necessary to implement this chapter.
210210 Sec. 320.015. EXPIRATION. This chapter expires September
211211 1, 2029.
212212 SECTION 2. The Texas Workforce Commission is required to
213213 implement a provision of this Act only if the legislature
214214 appropriates money specifically for that purpose. If the
215215 legislature does not appropriate money specifically for that
216216 purpose, the commission may, but is not required to, implement a
217217 provision of this Act using other appropriations that are available
218218 for that purpose.
219219 SECTION 3. This Act takes effect September 1, 2025.