Bill Text: TX HB1583 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to local workforce development boards and the regulation of child-care providers by the Texas Workforce Commission.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-04-14 - Left pending in committee [HB1583 Detail]

Download: Texas-2021-HB1583-Introduced.html
  87R1557 MM-F
 
  By: Davis H.B. No. 1583
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to local workforce development boards and the regulation
  of child-care providers by the Texas Workforce Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2308.256(g), Government Code, is amended
  to read as follows:
         (g)  At least one of the members of a board appointed under
  Subsection (a) must be a licensed child-care provider with, in
  addition to the qualifications required for the member under that
  subsection, [have] expertise in child care or early childhood
  education.
         SECTION 2.  Section 2308.260, Government Code, is amended to
  read as follows:
         Sec. 2308.260.  [TECHNICAL] ADVISORY GROUPS.  (a) A board
  may create technical advisory groups composed of both council and
  noncouncil members to provide assistance to the board.
         (b)  Each board shall create a child-care advisory group
  consisting of both Texas Rising Star Program providers and
  child-care providers who do not participate in the Texas Rising
  Star Program.
         SECTION 3.  Section 2308.315(b), Government Code, is amended
  to read as follows:
         (b)  The [minimum] reimbursement rate for a Texas Rising Star
  Program provider must be greater than the maximum rate established
  for a provider who is not a Texas Rising Star Program provider for
  the same category of care. [The reimbursement rate must be:
               [(1)  at least five percent higher for a provider with a
  two-star rating;
               [(2)  at least seven percent higher for a provider with
  a three-star rating; and
               [(3)  at least nine percent higher for a provider with a
  four-star rating.]
         SECTION 4.  Section 2308.3155, Government Code, is amended
  by amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  The commission shall adopt rules to administer the Texas
  Rising Star Program, including:
               (1)  guidelines for rating a child-care provider who
  provides child care to a child younger than 13 years of age,
  including infants and toddlers, enrolled in the subsidized program;
  [and]
               (2)  a timeline and process for regularly reviewing and
  updating the quality standards used to determine the rating system
  that includes the commission's consideration of input from
  interested parties regarding those standards; and
               (3)  rules requiring each Texas Rising Star Program
  evaluator and mentor to have knowledge of the Health and Human
  Services Commission's child-care licensing requirements.
         (b-1)  In adopting rules related to the evaluation of Texas
  Rising Star Program providers, the commission shall coordinate with
  the Health and Human Services Commission's child-care licensing
  division to streamline the process for inspecting a facility and
  eliminate any conflicting requirements.
         SECTION 5.  Subchapter G, Chapter 2308, Government Code, is
  amended by adding Sections 2308.3173, 2308.3174, and 2308.3175 to
  read as follows:
         Sec. 2308.3173.  PROBATIONARY PERIOD FOR CERTAIN LICENSING
  DEFICIENCIES. (a)  If a Texas Rising Star Program provider with a
  4-star or 3-star rating receives a licensing or critical licensing
  deficiency, the commission shall place the provider on probation
  for 60 days.  During the 60-day probationary period:
               (1)  the provider shall maintain the provider's rating
  status and continue to be reimbursed as a Texas Rising Star Program
  provider;
               (2)  the Health and Human Services Commission shall
  provide technical assistance to the provider relating to child-care
  licensing issues to help the provider avoid a future licensing
  deficiency; and
               (3)  the commission shall provide mentorship
  assistance on issues relating to the quality of child-care services
  to ensure the provider improves the quality of the child-care
  services it provides.
         (b)  A Texas Rising Star Program provider is not eligible for
  probation if:
               (1)  the provider receives a licensing deficiency
  related to the abuse, neglect, or exploitation of a child; or
               (2)  the provider receives a critical deficiency during
  the preceding 12 months.
         Sec. 2308.3174.  SITE VISITS TO TEXAS RISING STAR PROGRAM
  PROVIDERS. (a)  Except as provided by Subsection (b), the
  commission may not conduct more than one unannounced site visit to a
  Texas Rising Star Program provider.
         (b)  If a Texas Rising Star Program provider has received a
  citation for noncompliance or for a critical deficiency during the
  preceding 12 months, the commission may conduct more than one
  unannounced site visit.
         Sec. 2308.3175.  BACKGROUND CHECKS FOR CERTAIN TEXAS RISING
  STAR PROGRAM EMPLOYEES. A person who volunteers with a Texas Rising
  Star Program provider who undergoes a background and criminal
  history check required by state or federal law is not required to
  have an additional background check if the person becomes an
  employee of the provider.
         SECTION 6.  Section 2308.315(d), Government Code, is
  repealed.
         SECTION 7.  As soon as practicable after the effective date
  of this Act, the commissioner of the Texas Workforce Commission
  shall adopt rules necessary to implement Section 2308.3155(b),
  Government Code, as amended by this Act, and Sections 2308.3173,
  2308.3174, and 2308.3175, Government Code, as added by this Act.
         SECTION 8.  This Act takes effect September 1, 2021.
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