Birdwell Child Care Bill Lets A Commission Scrap Agency Rules

The text as introduced · 1,401 words

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.