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  H.B. No. 376
 
 
 
 
AN ACT
  relating to the regulation of child-care providers by the Texas
  Workforce Commission and local workforce development boards.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 29.158(d), Education Code, is amended to
  read as follows:
         (d)  In coordinating child-care services under this section
  and in making any related decision to contract with another
  provider for child-care services, the agency, Texas Workforce
  Commission, local workforce development boards, and each
  prekindergarten program provider, Head Start and Early Head Start
  program provider, and provider of an after-school child-care
  program provided at a school shall consider the quality of the
  services involved in the proposed coordination or contracting
  decision and shall give preference to services of the highest
  quality. Any appropriate indicator of quality services may be
  considered under this subsection, including whether the provider of
  the services:
               (1)  meets [the] Texas Rising Star Program
  certification [Provider] criteria [described by 40 T.A.C. Section
  809.15(b)];
               (2)  is accredited by a nationally recognized
  accrediting organization approved by the Texas Workforce
  Commission and the Department of Family and Protective [and
  Regulatory] Services;
               (3)  meets standards developed by the State Center for
  Early Childhood Development; or
               (4)  has achieved any other measurable target relevant
  to improving the quality of child care in this state.
         SECTION 2.  Section 2155.202, Government Code, is amended to
  read as follows:
         Sec. 2155.202.  MENTAL HEALTH AND MENTAL RETARDATION
  COMMUNITY CENTERS; ASSISTANCE ORGANIZATIONS; CHILD-CARE
  PROVIDERS.  The following entities may purchase goods and services
  through the comptroller:
               (1)  a community center for mental health and mental
  retardation services that receives state grants-in-aid under
  Subchapter B, Chapter 534, Health and Safety Code;
               (2)  an assistance organization as defined by Section
  2175.001 that receives state funds; and
               (3)  a child-care provider that meets [the] Texas
  Rising Star Program certification [Provider] criteria [described
  by Texas Workforce Commission rules].
         SECTION 3.  Section 2308.315, Government Code, is amended to
  read as follows:
         Sec. 2308.315.  REIMBURSEMENT RATES FOR CHILD CARE. (a)  
  Each board shall establish graduated reimbursement rates for child
  care based on the commission's Texas Rising Star Program [Texas
  Workforce Commission's designated vendor program].
         (b)  The minimum reimbursement rate for a Texas Rising Star
  Program provider [designated vendors] must be [at least five
  percent] greater than the maximum rate established for a provider
  who is not a Texas Rising Star Program provider [nondesignated
  vendors] 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.
         (c)  The Texas Rising Star Program [designated vendor] rate
  differential established in this section shall be funded with
  federal child care development funds [dedicated to quality
  improvement activities].
         (d)  Notwithstanding Subsection (b), a board may not
  reimburse a provider under the reimbursement rates provided by
  Subsection (b) before the date any revisions to rules recommended
  by the Texas Rising Star Program review work group under Section
  2308.321 are adopted by the commission.
         SECTION 4.  Subchapter G, Chapter 2308, Government Code, is
  amended by adding Section 2308.3155 to read as follows:
         Sec. 2308.3155.  TEXAS RISING STAR PROGRAM. (a)  The Texas
  Rising Star Program is a voluntary, quality-based child care rating
  system of child care providers participating in the commission's
  subsidized child care program.
         (b)  The commission shall adopt rules to administer the Texas
  Rising Star Program, including 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.
         (c)  The commission shall make money available to each board
  to hire necessary employees to provide technical assistance under
  Section 2308.320 from the child care and development block grant.  
  In addition, a board may use money available from other public or
  private sources to hire necessary employees for the program.
         SECTION 5.  Section 2308.316, Government Code, is amended to
  read as follows:
         Sec. 2308.316.  FUNDING OF COMPETITIVE PROCUREMENT PROCESS
  FOR INFANT AND EARLY CHILDHOOD CHILD CARE. Each board shall
  allocate a portion of the board's federal child care development
  funds dedicated to quality improvement activities to a competitive
  procurement process for a system for quality child care for
  children under four years of age that encourages child care
  providers to voluntarily meet the certification criteria of the
  commission's Texas Rising Star Program [Texas Workforce
  Commission's designated vendor program or national accreditation].  
  In allocating funds under this section, special consideration shall
  be given to funding child care for children under four years of age
  in low-income communities.  This section may not be interpreted to
  limit parental choice.
         SECTION 6.  Section 2308.317, Government Code, is amended by
  amending Subsection (a) and adding Subsections (c) and (d) to read
  as follows:
         (a)  Notwithstanding any other law, the commission [Texas
  Workforce Commission] shall ensure that, to the extent federal
  child care development funds dedicated to quality improvement
  activities are used to improve quality and availability of child
  care, those funds are used [only] for:
               (1)  quality child care programs, including programs:
                     (A)  whose director receives mentoring; or
                     (B)  that are in the process of obtaining a Texas
  Rising Star Program rating;
               (2)  technical assistance for providers as described by
  Section 2308.320;
               (3)  professional development for child care
  providers, directors, and employees;
               (4)  educational materials for children served by child
  care providers; and
               (5)  educational information for parents important for
  the development of a child under five years of age.
         (c)  Each board shall use at least two percent of the board's
  yearly allocation from the commission for quality child care
  initiatives.  In addition, a board may use money available from
  other public or private sources for quality child care initiatives.  
  A board shall give priority to quality child care initiatives that
  benefit child care facilities that are working toward Texas Rising
  Star certification or are Texas Rising Star certified providers
  working toward a higher certification level.
         (d)  Each board shall annually report to the commission
  regarding the board's use of the two percent allocation described
  by Subsection (c).
         SECTION 7.  Section 2308.3171, Government Code, is amended
  to read as follows:
         Sec. 2308.3171.  INFORMATION ON QUALITY CHILD CARE. (a)  In
  this section, "quality child-care indicator" means any appropriate
  indicator of quality services, including whether the provider of
  the services:
               (1)  meets [the] Texas Rising Star Program
  certification [Provider] criteria [described by commission rules];
               (2)  is accredited by a nationally recognized
  accrediting organization approved by the commission;
               (3)  is certified under the school readiness
  certification system established under Section 29.161, Education
  Code;
               (4)  meets standards developed under Section
  29.155(g), Education Code; or
               (5)  has achieved any other measurable target that is
  relevant to improving the quality of child care in this state and
  that has been approved by the commission.
         (b)  Each board shall provide information on quality
  child-care indicators to [for] each licensed or registered
  child-care provider in the area. Each board shall determine the
  manner in which to provide this information.
         (c)  Each board shall post in a prominent place on the
  board's Internet website home page and at any physical location
  where the board provides services:
               (1)  a list of local designated vendors that are
  child-care providers and have a quality child-care indicator listed
  in Subsection (a)(1), (2), (3), or (4); and
               (2)  a list of local parenting classes [determine the
  manner in which to provide the information required by this
  section].
         (d)  A child-care provider who receives funding or
  reimbursement for child-care services from a board shall post a
  certification or accreditation described by Subsection (a) at the
  entrance of the provider's facility.
         SECTION 8.  Subchapter G, Chapter 2308, Government Code, is
  amended by adding Section 2308.320 to read as follows:
         Sec. 2308.320.  TECHNICAL ASSISTANCE FOR PROVIDERS. Each
  board shall provide technical assistance to Texas Rising Star
  Program providers and to providers seeking certification under the
  Texas Rising Star Program, including providing:
               (1)  a child development specialist to serve as an
  evaluator of the provider during the certification process;
               (2)  a mentor or coach to a Texas Rising Star Program
  provider to meet regularly with the provider and provide child care
  resources to the provider, including developmentally appropriate
  books, materials, and equipment;
               (3)  consumer information regarding the selection of
  quality child care for parents of children enrolled in the program;
  and
               (4)  parenting education information for parents of
  children enrolled in the program, including information about
  parenting classes that are available in the area or on the Internet.
         SECTION 9.  Subchapter G, Chapter 2308, Government Code, is
  amended by adding Section 2308.321 to read as follows:
         Sec. 2308.321.  TEXAS RISING STAR PROGRAM REVIEW WORK GROUP.
  (a)  The Texas Rising Star Program review work group is established
  to propose revisions to the commission's rules on the Texas Rising
  Star Program.
         (b)  The work group consists of the following members
  appointed by the executive director of the commission:
               (1)  at least one member from the commission;
               (2)  at least one member from the Department of Family
  and Protective Services;
               (3)  at least one member from the Texas Education
  Agency;
               (4)  at least one member from the governor's Texas Early
  Learning Council who participated on the Quality Rating and
  Improvement System subcommittee;
               (5)  at least one member who is appointed to a workforce
  development board;
               (6)  at least four members who are Texas Rising Star
  Program providers with different Texas Rising Star Program ratings:
                     (A)  at least one of whom must be a for-profit
  private provider;
                     (B)  at least one of whom must be a single-site
  provider;
                     (C)  at least one of whom must be a multi-site
  provider; and
                     (D)  at least one of whom must be an individual who
  provides child care in the provider's own home;
               (7)  at least one provider who has participated in the
  Texas School Ready! project; and
               (8)  at least three members employed by different
  boards who work in the employing board's child-care program and
  have experience and expertise in early childhood development or the
  Texas Rising Star Program or other similar certification or
  accreditation programs.
         (c)  The work group shall hold the group's initial meeting
  not later than November 1, 2013, and shall meet at other times as
  determined by the presiding officer.
         (d)  The work group shall elect a presiding officer by a vote
  of the membership of the work group.
         (e)  Not later than May 1, 2014, the work group shall submit
  to the executive director of the commission recommendations
  proposing revisions to the commission's guidelines relating to the
  Texas Rising Star Program.  In making its recommendations, the work
  group shall consider:
               (1)  professional development standards for child-care
  directors and employees, including training and annual
  professional development requirements;
               (2)  education and experience requirements for mentors
  and evaluators;
               (3)  early learning and school readiness standards;
               (4)  guidelines for infants and toddlers in child care;
               (5)  training hours for providers;
               (6)  playground standards;
               (7)  best practices guidelines based on standards
  adopted by nationally recognized organizations, including Head
  Start Program Performance Standards, National Health and Safety
  Performance Standards, National Association of the Education of
  Young Children program standards and accreditation criteria,
  National Association for Family Child Care standards, United States
  Department of Defense standards, national accreditation standards,
  and School Ready certification standards;
               (8)  research on infant and toddler brain development;
  and
               (9)  strategies for the long-term financing of the
  Texas Rising Star Program, including financing the payment of:
                     (A)  incentives to child-care providers
  participating in the program; and
                     (B)  grants and rewards to child-care providers
  that achieve and maintain high levels of service.
         (f)  Not later than September 1, 2014, the commission shall
  propose rules that incorporate the proposed revisions submitted by
  the work group under Subsection (e).
         (g)  The executive director of the commission shall make the
  appointments under this section on September 1, 2013.
         (h)  This section expires December 1, 2014.
         SECTION 10.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 376 was passed by the House on May 3,
  2013, by the following vote:  Yeas 124, Nays 19, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 376 was passed by the Senate on May
  17, 2013, by the following vote:  Yeas 28, Nays 3.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor