1-1 By: Ellis, et al. S.B. No. 211 1-2 (In the Senate - Filed January 15, 1997; January 16, 1997, 1-3 read first time and referred to Committee on Finance; 1-4 February 12, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 13, Nays 0; 1-6 February 12, 1997, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 211 By: Lucio 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the establishment and operation of the Texas child care 1-11 fund. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subtitle B, Title 4, Labor Code, is amended by 1-14 adding Chapter 308 to read as follows: 1-15 CHAPTER 308. TEXAS CHILD CARE FUND 1-16 Sec. 308.001. DEFINITION. In this chapter, "fund" means the 1-17 Texas child care fund. 1-18 Sec. 308.002. TEXAS CHILD CARE FUND. (a) The Texas child 1-19 care fund is an account in the general revenue fund consisting of 1-20 state appropriations and money donated to the state by local 1-21 governments, businesses, nonprofit organizations, or other persons 1-22 for child care services. 1-23 (b) Money in the fund shall be used to provide child care 1-24 services in a manner that maximizes the state's entitlement to 1-25 receive federal matching money. 1-26 Sec. 308.003. ADMINISTRATION AND PROMOTION OF FUND. 1-27 (a) The commission, with assistance from the advisory board 1-28 appointed under Section 308.004, shall: 1-29 (1) administer the fund; 1-30 (2) solicit donations to the fund from all appropriate 1-31 sources, including local governments, businesses, and nonprofit 1-32 organizations; 1-33 (3) distribute money in the fund to provide child care 1-34 services; and 1-35 (4) aggressively promote public awareness of the fund 1-36 and the need for donations to provide adequate child care services 1-37 in this state. 1-38 (b) To encourage local child care planning and local 1-39 participation in meeting matching requirements for state 1-40 entitlement to federal child care funding, the commission shall use 1-41 donated purchase agreements when appropriate. 1-42 (c) The commission shall ensure that a local government that 1-43 donates money to the fund receives child care services in the 1-44 geographical area served by the local government of a value at 1-45 least equal to the amount of money donated by the local government. 1-46 (d) The commission may adopt rules necessary for the 1-47 administration and promotion of the fund. 1-48 Sec. 308.004. ADVISORY BOARD. (a) The commission shall 1-49 appoint a permanent advisory board to assist and monitor the 1-50 commission in administering and promoting the fund. The advisory 1-51 board shall include: 1-52 (1) representatives from: 1-53 (A) the commission; 1-54 (B) the office of the comptroller; 1-55 (C) the Texas Department of Human Services; 1-56 (D) the Department of Protective and Regulatory 1-57 Services; 1-58 (E) businesses and business organizations; and 1-59 (F) nonprofit organizations; and 1-60 (2) at least one consumer of child care services. 1-61 (b) The advisory board shall periodically evaluate the 1-62 operation of the fund and make recommendations to the commission on 1-63 the administration and promotion of the fund. 1-64 (c) A member of the advisory board serves at the will of the 2-1 commission. 2-2 (d) The advisory board is subject to Article 6252-33, 2-3 Revised Statutes, other than Section 8 of that article. 2-4 SECTION 2. Subchapter D, Chapter 301, Labor Code, is amended 2-5 by adding Section 301.067 to read as follows: 2-6 Sec. 301.067. CHILD CARE MARKET SURVEY; COMPENSATION RATE. 2-7 (a) The commission shall ensure that a biennial survey is 2-8 conducted to determine the local market rates of child care 2-9 services provided throughout the state. 2-10 (b) Unless prohibited by federal law or regulations, a 2-11 provider of child care services that is reimbursed under a program 2-12 administered by the commission shall be reimbursed at a rate that 2-13 is the lesser of the provider's published rate to the general 2-14 public or the 75th percentile of the local market rate in the 2-15 provider's geographic area. 2-16 SECTION 3. Subsection (b), Section 301.067, Labor Code, as 2-17 added by this Act, does not apply to child care services provided 2-18 under a contract entered into by a child care provider before the 2-19 effective date of this Act. 2-20 SECTION 4. The Texas Workforce Commission shall appoint the 2-21 advisory board required by Section 308.004, Labor Code, as added by 2-22 this Act, not later than October 1, 1997. 2-23 SECTION 5. The importance of this legislation and the 2-24 crowded condition of the calendars in both houses create an 2-25 emergency and an imperative public necessity that the 2-26 constitutional rule requiring bills to be read on three several 2-27 days in each house be suspended, and this rule is hereby suspended, 2-28 and that this Act take effect and be in force from and after its 2-29 passage, and it is so enacted. 2-30 * * * * *