Bill Text: TX HB4286 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the regulation of child-care providers by the Texas Workforce Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-23 - Left pending in committee [HB4286 Detail]
Download: Texas-2019-HB4286-Introduced.html
86R10241 EAS-F | ||
By: Davis of Dallas | H.B. No. 4286 |
|
||
|
||
relating to 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 2308.315, Government Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) Notwithstanding Subsection (b), a board may not | ||
reimburse a provider under the reimbursement rates provided by | ||
Subsection (b), unless the provider completes the commission's | ||
market rate survey. | ||
SECTION 2. Subchapter G, Chapter 2308, Government Code, is | ||
amended by adding Sections 2308.3172, 2308.3173, 2308.3174, | ||
2308.3175, and 2308.3176 to read as follows: | ||
Sec. 2308.3172. CRITICAL LICENSING DEFICIENCY. (a) If a | ||
Texas Rising Star Program provider with a 3-star or 4-star rating | ||
receives two or more critical licensing deficiencies during the | ||
preceding 12 months, the commission shall reduce the provider's | ||
rating to a 2-star rating. | ||
(b) If a Texas Rising Star Program provider with a 2-star | ||
rating receives two or more critical licensing deficiencies during | ||
the preceding 12 months, the commission shall revoke the provider's | ||
Texas Rising Star Program certification. | ||
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, the provider | ||
shall continue to be reimbursed as a Texas Rising Star Program | ||
provider. | ||
(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) The commission may not conduct an unannounced site | ||
visit to a Texas Rising Star Program provider with a 4-star or | ||
3-star rating unless the provider has received a citation for | ||
noncompliance or for a critical deficiency during the preceding 12 | ||
months. | ||
(b) If the provider has not received a citation for | ||
noncompliance or for a critical deficiency during the preceding 12 | ||
months, the commission shall conduct at least one announced site | ||
visit of the provider. | ||
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 is not required to have an additional background | ||
check if the person becomes an employee of the provider. | ||
Sec. 2308.3176. REVIEW OF TEXAS RISING STAR PROGRAM | ||
PROVIDER REGULATIONS. The Health and Human Services Commission, | ||
the commission, and the boards shall review the commission's Texas | ||
Rising Star Program rules to ensure that the rules do not: | ||
(1) negatively affect the ability of local providers | ||
to provide quality child-care in the community; and | ||
(2) prevent providers from using best practices. | ||
SECTION 3. 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 2308.315, | ||
Government Code, as amended by this Act, and Sections 2308.3172, | ||
2308.3173, 2308.3174, 2308.3175, and 2308.3176, Government Code, | ||
as added by this Act. | ||
SECTION 4. This Act takes effect September 1, 2019. |