1 | 1 | | 89R8662 MM-F |
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2 | 2 | | By: Blanco S.B. No. 3007 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to establishing a pilot program to increase the supply of |
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10 | 10 | | child-care services and encourage employer partnerships to meet |
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11 | 11 | | strategic workforce needs in certain regions of the state. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Subtitle B, Title 4, Labor Code, is amended by |
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14 | 14 | | adding Chapter 320 to read as follows: |
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15 | 15 | | CHAPTER 320. CHILD-CARE INNOVATION PILOT PROGRAM |
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16 | 16 | | Sec. 320.001. DEFINITIONS. In this chapter: |
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17 | 17 | | (1) "Board" means a local workforce development board |
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18 | 18 | | created under Subchapter F, Chapter 2308, Government Code. |
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19 | 19 | | (2) "Program" means the child-care innovation pilot |
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20 | 20 | | program established under this chapter. |
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21 | 21 | | (3) "Provider" means a child-care provider who is |
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22 | 22 | | engaging with the program established under this chapter. |
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23 | 23 | | Sec. 320.002. ESTABLISHMENT. (a) The commission shall |
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24 | 24 | | establish and administer the child-care innovation pilot program to |
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25 | 25 | | address strategic workforce needs of designated pilot regions |
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26 | 26 | | across the state by increasing the supply of quality, affordable |
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27 | 27 | | child care and encouraging child-care partnerships with employers. |
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28 | 28 | | (b) The program shall enable boards designated by the |
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29 | 29 | | commission to partner with local employers and high-quality |
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30 | 30 | | providers to provide grants that will fund innovative child-care |
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31 | 31 | | expansion projects and employer partnerships that directly impact |
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32 | 32 | | strategic local workforce needs. |
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33 | 33 | | Sec. 320.003. ADMINISTRATION. The commission shall by rule |
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34 | 34 | | adopt a process for selecting each pilot region in which the program |
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35 | 35 | | will be administered by the local board, including a competitive |
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36 | 36 | | application process. |
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37 | 37 | | Sec. 320.004. APPLICATION; STRATEGIC PLAN. (a) A board |
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38 | 38 | | applying to participate in the program shall submit: |
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39 | 39 | | (1) a strategic plan proposing: |
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40 | 40 | | (A) measurable performance goals and progress |
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41 | 41 | | measures related to increasing the supply and accessibility of |
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42 | 42 | | quality, affordable child-care services; |
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43 | 43 | | (B) plans for engaging regional stakeholders, |
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44 | 44 | | including local employers, business associations, and |
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45 | 45 | | organizations that provide services to children and families, to |
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46 | 46 | | develop and meet regional performance goals that are based on |
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47 | 47 | | strategic workforce needs; |
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48 | 48 | | (C) the number of providers to whom the board |
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49 | 49 | | plans to award grants; |
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50 | 50 | | (D) staffing structures to support the effective |
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51 | 51 | | implementation of the program, including technical assistance for |
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52 | 52 | | child-care providers; and |
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53 | 53 | | (E) plans to maximize the results of the program |
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54 | 54 | | and support the future sustainability of child-care providers |
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55 | 55 | | participating in the program if state funding is not continued; and |
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56 | 56 | | (2) the total amount of money requested to implement |
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57 | 57 | | the board's strategic plan. |
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58 | 58 | | (b) A board may apply for the program under more than one |
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59 | 59 | | population category described by Section 320.005(a) but may only be |
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60 | 60 | | approved for participation based on one category. |
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61 | 61 | | Sec. 320.005. SELECTION; CRITERIA. (a) The commission |
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62 | 62 | | shall select not more than six boards to participate in the program |
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63 | 63 | | and ensure that the program is implemented in communities that |
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64 | 64 | | represent at least one of each of the following population sizes: |
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65 | 65 | | (1) a region with a population of more than 50,000; |
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66 | 66 | | (2) a region with a population of more than 10,000 and |
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67 | 67 | | less than 50,000; and |
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68 | 68 | | (3) a region with a population of less than 10,000. |
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69 | 69 | | (b) In selecting the boards to participate in the program, |
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70 | 70 | | the commission shall consider: |
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71 | 71 | | (1) the board's ability to demonstrate an unmet, local |
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72 | 72 | | workforce need for: |
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73 | 73 | | (A) child-care services in specific geographic |
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74 | 74 | | regions; |
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75 | 75 | | (B) child-care services for specific |
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76 | 76 | | populations, including infant care, toddler care, nontraditional |
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77 | 77 | | hours care, or care for students with disabilities; or |
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78 | 78 | | (C) child-care services described by Paragraphs |
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79 | 79 | | (A) and (B); |
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80 | 80 | | (2) whether the board has broad regional support from |
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81 | 81 | | diverse stakeholders, including private sector employers, |
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82 | 82 | | child-care providers, local governments, and parents to |
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83 | 83 | | participate in the program; |
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84 | 84 | | (3) the board's ability to leverage local funding or |
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85 | 85 | | partnerships to supplement state resources; and |
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86 | 86 | | (4) the strength of the board's proposed strategic |
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87 | 87 | | plan, as described by Section 320.004. |
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88 | 88 | | Sec. 320.006. AGREEMENTS WITH PARTICIPATING BOARDS. The |
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89 | 89 | | commission shall develop and enter into a performance agreement |
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90 | 90 | | with each board selected to participate in the program. Each board |
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91 | 91 | | shall comply with the terms of the performance agreement during its |
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92 | 92 | | participation in the program. The performance agreement must: |
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93 | 93 | | (1) include measurable performance goals and progress |
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94 | 94 | | measures that are: |
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95 | 95 | | (A) related to increasing the supply and |
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96 | 96 | | accessibility of quality, affordable child-care services in the |
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97 | 97 | | pilot region; and |
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98 | 98 | | (B) aligned to the board's strategic plan; and |
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99 | 99 | | (2) allocate responsibilities for accessing and |
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100 | 100 | | reporting progress and outcome information. |
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101 | 101 | | Sec. 320.007. ALLOCATION OF FUNDS. From the funds |
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102 | 102 | | appropriated to the commission for the program, the commission |
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103 | 103 | | shall award an amount of money to each board participating in the |
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104 | 104 | | program. In determining the allocation of money, the commission |
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105 | 105 | | shall consider: |
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106 | 106 | | (1) the size and population of the pilot region; |
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107 | 107 | | (2) the unmet child-care needs in the region and the |
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108 | 108 | | proposed funding required to address the needs; |
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109 | 109 | | (3) the proposed number of eligible providers in each |
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110 | 110 | | region to whom the board intends to award grants; |
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111 | 111 | | (4) the budget requested in the board's proposed |
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112 | 112 | | strategic plan under Section 320.004(a)(2); and |
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113 | 113 | | (5) other factors determined by the commission. |
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114 | 114 | | Sec. 320.008. GRANTS. (a) From funds awarded to a board |
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115 | 115 | | participating in the program, the board, after conducting a |
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116 | 116 | | competitive selection process, shall award grants to eligible |
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117 | 117 | | providers that enter into a grant contract with the board to expand |
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118 | 118 | | quality, affordable child-care services in accordance with the |
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119 | 119 | | region's strategic workforce needs and the board's approved |
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120 | 120 | | strategic plan. |
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121 | 121 | | (b) In awarding a grant under the program, a board shall |
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122 | 122 | | give preference to an eligible provider that demonstrates capacity |
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123 | 123 | | to: |
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124 | 124 | | (1) provide high-demand child-care services |
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125 | 125 | | identified by the board; and |
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126 | 126 | | (2) partner with one or more local employers. |
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127 | 127 | | Sec. 320.009. PROVIDER ELIGIBILITY. (a) To be eligible to |
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128 | 128 | | receive a grant under the program, a child-care provider must: |
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129 | 129 | | (1) be a Texas Rising Star Program provider with a |
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130 | 130 | | three-star rating or higher; |
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131 | 131 | | (2) be accredited by the National Association for the |
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132 | 132 | | Education of Young Children; |
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133 | 133 | | (3) have an accreditation from a Montessori |
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134 | 134 | | accreditation organization; or |
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135 | 135 | | (4) meet an alternative quality criterion or waiver |
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136 | 136 | | prescribed by the commission. |
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137 | 137 | | (b) In consultation with local employers and other regional |
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138 | 138 | | stakeholders, the board shall develop a competitive application and |
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139 | 139 | | scoring process for eligible providers to apply for a grant under |
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140 | 140 | | the program to meet the goals in the board's approved strategic plan |
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141 | 141 | | under Section 320.004. |
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142 | 142 | | (c) A board shall develop and enter into a grant contract |
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143 | 143 | | with each eligible provider awarded a grant under the program. Each |
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144 | 144 | | eligible provider awarded a grant shall comply with the terms of the |
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145 | 145 | | grant contract. At a minimum, grant contracts must require eligible |
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146 | 146 | | providers to: |
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147 | 147 | | (1) maintain the ability to enroll the required number |
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148 | 148 | | of children within each designated service area outlined in the |
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149 | 149 | | board's grant contract; |
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150 | 150 | | (2) ensure all educators employed by the provider earn |
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151 | 151 | | a minimum wage that is equal to or above the self-sufficient wage |
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152 | 152 | | required by Section 2308A.012, Government Code, in the county in |
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153 | 153 | | which the provider is located; |
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154 | 154 | | (3) maintain participation in the child-care services |
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155 | 155 | | program administered by the commission and accept participating |
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156 | 156 | | students as openings become available; |
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157 | 157 | | (4) maintain tuition rates at the provider's posted |
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158 | 158 | | rate or at a rate lower than the posted rate for families who do not |
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159 | 159 | | receive subsidized child-care services; |
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160 | 160 | | (5) maintain all eligibility requirements of the |
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161 | 161 | | program; |
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162 | 162 | | (6) provide regular reports demonstrating compliance |
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163 | 163 | | with the board's grant contract; and |
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164 | 164 | | (7) provide any additional data requested by the |
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165 | 165 | | board. |
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166 | 166 | | Sec. 320.010. SUBCONTRACTING. (a) In accordance with |
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167 | 167 | | Section 2308.264(e), Government Code, a board may subcontract with |
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168 | 168 | | a coordinating entity to administer the program. |
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169 | 169 | | (b) The commission may adopt rules establishing |
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170 | 170 | | requirements for a coordinating entity with which a board |
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171 | 171 | | subcontracts under this section. |
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172 | 172 | | Sec. 320.011. USE OF FUNDS. (a) From money appropriated by |
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173 | 173 | | the legislature to implement the program, the commission may use |
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174 | 174 | | not more than: |
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175 | 175 | | (1) 15 percent of the total amount appropriated to pay |
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176 | 176 | | costs related to administering the program, including technical |
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177 | 177 | | assistance provided to providers under the program; and |
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178 | 178 | | (2) 2 percent of the total amount appropriated to pay |
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179 | 179 | | costs related to research and evaluation of the program. |
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180 | 180 | | (b) The commission shall use at least 83 percent of the |
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181 | 181 | | total amount appropriated for grants administered under the |
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182 | 182 | | program. |
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183 | 183 | | (c) The commission shall adopt rules relating to the award |
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184 | 184 | | of grants under the program that are designed to maximize the impact |
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185 | 185 | | of the program and ensure the funding is sufficient to execute on |
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186 | 186 | | the terms of the grant contract. |
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187 | 187 | | (d) In awarding a grant under the program, the commission or |
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188 | 188 | | boards may adjust reimbursement rates as necessary to account for |
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189 | 189 | | the costs of providing care to specialized populations, including |
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190 | 190 | | students with disabilities, infants, toddlers, and students |
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191 | 191 | | needing after-hours care. |
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192 | 192 | | (e) Each board participating in the program shall ensure |
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193 | 193 | | that all grant money has been allocated not later than December 31, |
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194 | 194 | | 2028. |
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195 | 195 | | (f) In addition to funds appropriated by the legislature, to |
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196 | 196 | | administer and expand the impact of the program, the commission or |
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197 | 197 | | boards may: |
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198 | 198 | | (1) seek and apply for any available federal or local |
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199 | 199 | | funds; and |
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200 | 200 | | (2) solicit and accept gifts, grants, and donations |
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201 | 201 | | from any other public or private source. |
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202 | 202 | | Sec. 320.012. QUARTERLY REPORT TO THE COMMISSION. (a) Each |
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203 | 203 | | board participating in the program shall submit a quarterly report |
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204 | 204 | | to the commission, detailing the use of grant money received under |
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205 | 205 | | the program and related outcomes, including: |
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206 | 206 | | (1) a list of providers receiving grant money and the |
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207 | 207 | | provider's monthly grant awards; |
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208 | 208 | | (2) each provider's compliance with performance goals |
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209 | 209 | | outlined in the provider's grant contract with the board; and |
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210 | 210 | | (3) the board's progress toward outcomes identified in |
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211 | 211 | | the approved strategic plan under Section 320.004. |
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212 | 212 | | (b) A board shall submit the first report required by this |
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213 | 213 | | section not later than the 120th day after the date the board awards |
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214 | 214 | | its first grant under the program and submit subsequent reports |
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215 | 215 | | every 120 days thereafter. |
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216 | 216 | | Sec. 320.013. REPORT. Not later than December 1, 2028, the |
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217 | 217 | | commission shall review the effectiveness of the program and submit |
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218 | 218 | | to the governor, the lieutenant governor, the speaker of the house |
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219 | 219 | | of representatives, and the members of each legislative standing |
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220 | 220 | | committee with primary jurisdiction over economic development a |
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221 | 221 | | written report regarding the outcomes, challenges, and |
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222 | 222 | | opportunities of the program. |
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223 | 223 | | Sec. 320.014. RULES. The commission shall adopt rules |
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224 | 224 | | necessary to implement this chapter. |
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225 | 225 | | Sec. 320.015. EXPIRATION. This chapter expires September |
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226 | 226 | | 1, 2029. |
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227 | 227 | | SECTION 2. This Act takes effect September 1, 2025. |
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