87R9687 MM-F     By: Lucio S.B. No. 2087       A BILL TO BE ENTITLED   AN ACT   relating to the powers and duties of the Texas Workforce Commission   and local workforce development boards regarding the provision of   child care and the subsidized child care program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 2308.3155, Government Code, is amended   by amending Subsection (a) and adding Subsection (b-1) to read as   follows:          (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-1)  The rating system adopted under Subsection (b) must   include an entry level rating for child care providers and a maximum   length of time a provider may participate at the entry level rating.   To qualify for the entry level rating a child care provider must   meet the minimum quality standards that qualify the provider to   receive technical assistance and support under the Texas Rising   Star Program. A provider participating at the entry level rating is   not eligible for increased reimbursement rates.          SECTION 2.  Sections 302.0042(b) and (c), Labor Code, are   amended to read as follows:          (b)  The commission's evaluation must assess:                (1)  the use of current federal child care funds by each   local workforce development board;                (2)  the ability of each local workforce development   board to meet child care performance measures;                (3)  the average cost of child care in each local   workforce development area;                (4)  the average monthly price charged by child care   providers for full-day child care in each local workforce   development area as stated in the market rate survey conducted   under 45 C.F.R. Section 98.45(c);                (5)  the average monthly price charged by quality child   care providers for full-day child care in each local workforce   development area;                (6)  the poverty rate of each local workforce   development area compared to the state's poverty rate;                (7)  the number of children on waiting lists for child   care in each local workforce development area;                (8)  the number of places that are reserved by each   local workforce development board in contracts authorized under   Section 302.0461 for participants in the child-care subsidy program   out of the total number of children enrolled with a provider on a   full-time basis categorized by age of the child for each provider in   each local workforce development area that is certified as a   2-star, 3-star, or 4-star provider in the Texas Rising Star Program   or that does not participate in the Texas Rising Star Program;                (9)  the total number of child care providers   participating in the Texas Rising Star Program in each local   workforce development area and the number of 2-star, 3-star, and   4-star rated child care providers in the local workforce   development area;                (10)  the number of child care providers participating   in the Texas Rising Star Program in each local workforce   development area as a percentage of the total number of both   subsidized child care providers and all child care providers in the   local workforce development area;                (11)  the number of 2-star, 3-star, and 4-star rated   child care providers in the local workforce development area as a   percentage of the total number of both subsidized child care   providers and all child care providers in the local workforce   development area;                (12)  the total number of children enrolled in   subsidized child care providers participating in the Texas Rising   Star Program in each local workforce development area and the   number of subsidized children enrolled in 2-star, 3-star, and   4-star rated child care providers in the local workforce   development area; [and]                (13)  the number of subsidized children enrolled in   child care providers participating in the Texas Rising Star Program   in each local workforce development area as a percentage of the   total number of subsidized children enrolled in child care   providers in the local workforce development area and the number of   subsidized children enrolled in 2-star, 3-star, and 4-star rated   child care providers in the local workforce development area as a   percentage of the total number of subsidized children enrolled in   child care providers in the local workforce development area; and                (14)  the number of 3-star and 4-star rated child care   providers participating in partnerships with public school   districts and public charter schools based on data provided by the   Texas Education Agency, as necessary.          (c)  For the purposes of evaluation under this section, the   commission shall annually update the information described by   Subsections (b)(7)-(14) [(b)(7)-(13)].          SECTION 3.  Subchapter A, Chapter 302, Labor Code, is   amended by adding Section 302.00436 to read as follows:          Sec. 302.00436.  SUBSIDIZED CHILD CARE PROGRAM: INFORMATION   FOR PUBLIC SCHOOLS. Each local workforce development board shall   inform the local school districts and open-enrollment charter   schools in the workforce development area regarding opportunities   to partner with child-care providers in the board's area to expand   access to and provide facilities for prekindergarten programs.          SECTION 4.  Section 302.0461, Labor Code, is amended by   amending Subsection (d) and adding Subsection (e) to read as   follows:          (d)  The commission shall determine the information that   must be included in the report required by Subsection (c). A local   workforce development board shall update the report required by   Subsection (c) every 12 [six] months from the date the board submits   its initial report to the commission.          (e)  A local workforce development board may allow a child   care provider with whom the board contracts under Subsection (a) to   identify and refer to the board children who could be eligible for   subsidized child care services. In making a referral under this   subsection, the child care provider shall consider whether the   child or the child's parent is a member of a group entitled to a   priority in the provision of services provided by or in cooperation   with the commission, including a priority described by Section   302.152 of this code or Section 264.121(a)(3), Family Code.          SECTION 5.  This Act takes effect September 1, 2021.