H.B. No. 2607         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 Subsections (b-1) and (b-2)   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.          (b-2)  The commission shall develop a process to allow a   child care provider to request a waiver to extend the length of time   the provider may participate at the entry level rating described by   Subsection (b-1). The waiver authorized by this subsection may not   exceed 36 months.          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(d), Labor Code, is amended 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.          SECTION 5.  The Texas Workforce Commission and local   workforce development boards are required to implement a provision   of this Act only if federal money is available for that purpose and   using the federal money for that purpose would not result in   supplanting or decreasing existing funding for programs currently   funded by the Texas Workforce Commission using available federal   money under the Child Care Development Block Grant. If the state   does not receive sufficient additional federal money under the   Child Care Development Block Grant or other federal money to   implement a provision of this Act, the commission and the boards   may, but are not required to, implement a provision of this Act   using other appropriations available for that purpose.          SECTION 6.  This Act takes effect September 1, 2021.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 2607 was passed by the House on April   15, 2021, by the following vote:  Yeas 88, Nays 58, 1 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 2607 on May 28, 2021, by the following vote:  Yeas 88, Nays 58,   1 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 2607 was passed by the Senate, with   amendments, on May 25, 2021, by the following vote:  Yeas 27, Nays   4.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor