89R9106 RAL-D     By: Birdwell, Blanco S.B. No. 2049       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of the Quad-Agency Child Care   Initiative and the Quad-Agency Child Care Initiative Commission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 3, Human Resources Code, is   amended by adding Chapter 74 to read as follows:   CHAPTER 74.  QUAD-AGENCY CHILD CARE INITIATIVE          Sec. 74.001.  DEFINITIONS. In this chapter:                (1)  "Commission" means the Quad-Agency Child Care   Initiative Commission unless the context indicates otherwise.                (2)  "Initiative" means the Quad-Agency Child Care   Initiative established under this chapter.                (3)  "Participating agency" means a state agency   participating in the initiative, including:                      (A)  the Texas Workforce Commission;                      (B)  the Health and Human Services Commission;                      (C)  the Department of Family and Protective   Services; and                      (D)  the Texas Education Agency.                (4)  "Quad-Agency chair" means the chair of the   commission.          Sec. 74.002.  PURPOSE. (a) The Quad-Agency Child Care   Initiative is established to foster collaboration, coordinate   policies, and review and streamline regulations between the   participating agencies that govern child care in the state.           (b)  The Quad-Agency Child Care Initiative Commission is   established to lead the Quad-Agency Child Care Initiative.          Sec. 74.003.  MEMBERSHIP. (a) The commission is composed of   the following members:                (1)  the chair of the Texas Workforce Commission;                (2)  the executive commissioner of the Health and Human   Services Commission;                (3)  the commissioner of the Department of Family and   Protective Services; and                (4)  the commissioner of education.          (b)  The chair of the Texas Workforce Commission shall serve   as the chair of the commission.          Sec. 74.004.  INTERAGENCY STAFFING. (a) The participating   agencies shall enter into one or more interagency agreements   establishing policies and processes for coordinating the   assignment of existing staff and other resources as necessary to   perform the duties of this chapter.          (b)  The time spent by an employee of a participating agency   in supporting the work of the initiative is not included in   calculating the number of full-time equivalent employees allotted   to the respective agencies under other law.          Sec. 74.005.  DUTIES. The commission shall:                (1)  coordinate participating agency initiatives that   impact the cost, quality, or accessibility of child care;                (2)  consider and start interagency initiatives to   expand access to quality, affordable child care; and                (3)  review and streamline existing or proposed   regulations, rules, policies, or any other participating agency   actions that impact the child-care industry to:                      (A)  resolve regulatory conflicts and duplication   among participating agencies;                      (B)  lower insurance costs for child-care   providers;                      (C)  protect the health and safety of children   participating in child care;                      (D)  advance quality education for child-care   providers; and                      (E)  create consistent, predictable, and   reasonable enforcement mechanisms among participating agencies.          Sec. 74.006.  MEETINGS. (a) The commission shall meet at   least three times each year.          (b)  The commission may meet in person or using a virtual   platform that allows for a recording and live broadcast that is   accessible to the public.          (c)  The commission is a governmental body for purposes of   Chapter 551, Government Code.          Sec. 74.007.  REVIEW BY COMMISSION. (a) The Quad-Agency   chair may initiate an independent review by the commission of any   existing or proposed regulation, rule, policy, or other   participating agency action that may impact the cost, quality, or   accessibility of child care to determine whether:                (1)  the regulation, rule, policy, or other agency   action is consistent with the objectives identified in Section   74.005(3); and                (2)  a less restrictive regulation, rule, policy, or   other agency action could more effectively achieve the objectives   identified in Section 74.005(3).          (b)  In conducting a review under this section, the   Quad-Agency chair may request additional information from a   participating agency.  A participating agency shall provide the   additional information in writing as soon as practicable after   receiving a request under this section.          (c)  The commission shall:                (1)  not later than the 10th business day after the date   a review is initiated under this chapter, provide notice of the   review, including instructions on how to submit public comments on   the review:                       (A)  on the Texas Workforce Commission's Internet   website;                      (B)  by e-mail to individuals who have subscribed   to receive notifications through the Texas Workforce Commission's   Internet website; and                      (C)  using any other relevant stakeholder   communication platforms; and                (2)  make the following available to the public on the   Texas Workforce Commission's Internet website for each review   conducted under this chapter for not less than two years from the   date a determination is made under Section 74.011:                      (A)  all public comments submitted;                      (B)  all written agency submissions; and                      (C)  the determination of the commission based on   the review.          Sec. 74.008.  RIGHT TO REQUEST REVIEW. (a) The commission   shall establish a process by which members of the public, elected   officials, or leadership from agencies that are not participating   agencies may request a review of any existing or proposed   regulation, rule, policy, or other participating agency action that   may impact the cost, quality, or accessibility of child care.           (b)  The Quad-Agency chair may grant a request to conduct a   review requested under this section.          (c)  The commission shall make all requests for review   submitted under this section available to the public on the Texas   Workforce Commission's Internet website for not less than two years   from the date the commission receives the request.          Sec. 74.009.  EXPEDITED REVIEW. (a) A participating agency   whose existing or proposed regulation, rule, policy, or other   agency action is being reviewed under Section 74.007 may request an   expedited review.          (b)  The Quad-Agency chair shall grant a request for   expedited review if the participating agency demonstrates:                (1)  an extraordinary circumstance; or                 (2)  the need to meet a statutory or administrative   deadline.          (c)  If a request for an expedited review is granted, the   Quad-Agency chair shall coordinate with the participating agency to   accommodate completion of the review within the timeline requested   by the agency.          Sec. 74.010.  PUBLIC COMMENT. (a) For each review conducted   under this chapter, the commission shall accept public comment   through the Texas Workforce Commission's Internet website from the   date notice regarding the review is provided under Section   74.007(c)(1) until:                (1)  the end of the 30th day after that date; or                (2)  the end of the 10th day after that date for an   expedited review granted under Section 74.009.          (b)  As part of a review under this chapter, the Quad-Agency   chair:                (1)  shall consider all comments received within the   public comment period provided under Subsection (a); and                (2)  may consider public comments received outside of   the public comment period provided under Subsection (a).          Sec. 74.011.  DETERMINATION. (a) After a public comment   period under Section 74.010 has closed, the commission shall render   the commission's determination as to whether or not the existing or   proposed regulation, rule, policy, or other participating agency   action reviewed under this chapter is consistent with the   objectives identified in Section 74.005(3).          (b)  If the commission determines that the existing or   proposed regulation, rule, policy, or other participating agency   action reviewed under this chapter:                 (1)  is consistent with the objectives identified in   Section 74.005(3), no further action will be taken; or                (2)  is inconsistent with the objectives identified in   Section 74.005(3), the participating agency whose existing or   proposed regulation, rule, policy, or other agency action was the   subject of the review shall:                      (A)  immediately cease any enforcement activity   related to the regulation, rule, policy, or other agency action;                       (B)  withdraw the regulation, rule, policy, or   other agency action as soon as practicable; and                      (C)  if the participating agency considers   appropriate, replace it with a less restrictive regulation, rule,   policy, or other agency action.          (c)  The commission may provide suggestions to a   participating agency on less restrictive regulations, rules,   policies, or other agency actions the agency may adopt to replace a   regulation, rule, policy, or other agency action that the   commission considers inconsistent with the objectives identified   in Section 74.005(3).          (d)  This section may not be construed to authorize the   commission to require a participating agency to adopt a less   restrictive regulation, rule, policy, or other agency action   suggested by the commission under Subsection (c).          SECTION 2.  Not later than March 31, 2026, the Quad-Agency   Child Care Initiative Commission shall hold the first meeting   required under Section 74.006, Human Resources Code, as added by   this Act.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.