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89(R) HB 4903 - Enrolled version - Bill Text
H.B. No. 4903
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 recommend actions to 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 or the
chair's designee;
(2)
the executive commissioner of the Health and Human
Services Commission or the executive commissioner's designee;
(3)
the commissioner of the Department of Family and
Protective Services or the commissioner's designee; and
(4)
the commissioner of education or the
commissioner's designee.
(b)
The chair of the Texas Workforce Commission or the
chair's designee 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 recommend actions to 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.
(d)
Not later than the 30th day after the date a meeting is
held under this section, the Quad-Agency chair shall:
(1)
prepare and submit to the office of the governor a
report that includes a list of existing or proposed regulations,
rules, policies, or other participating agency actions under review
by the commission; and
(2)
make the report prepared under Subdivision (1)
available to the public on the Texas Workforce Commission's
Internet website until the second anniversary of the date the
meeting is held under this section.
Sec.
74.007.
SUBJECT MATTER EXPERT INPUT. (a) In
performing a duty under Section 74.005, the Quad-Agency chair may
request input from a subject matter expert, including a child-care
provider. Input requested under this section may be:
(1) submitted in writing; or
(2)
provided in person at a meeting held under Section
74.006.
(b)
Except as provided by Subsection (c), the commission
shall make all written submissions by a subject matter expert
available to the public on the Texas Workforce Commission's
Internet website until the second anniversary of the date the
submission is made.
(c)
A subject matter expert who makes a written submission
may request the written submission be kept confidential. If a
subject matter expert requests that the written submission be kept
confidential, the commission may not make the written submission
available to the public on the Texas Workforce Commission's
Internet website.
Sec.
74.008.
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.
74.009.
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
granted under Subsection (b) available to the public on the Texas
Workforce Commission's Internet website for not less than two years
from the date the Quad-Agency chair grants the request.
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
74.008(c)(1) until the end of the 30th day after that date.
(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 is consistent with the
objectives identified in Section 74.005(3), no further action will
be taken. If the commission determines that the existing or
proposed regulation, rule, policy, or other participating agency
action reviewed under this chapter is inconsistent with the
objectives identified in Section 74.005(3), or if the commission
cannot reach a determination, the commission shall submit the
commission's findings to the Texas Regulatory Efficiency Office.
(c)
If the commission submits the commission's findings to
the Texas Regulatory Efficiency Office, the Texas Regulatory
Efficiency Office shall conduct a review of the commission's
findings and render a final determination as to whether 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).
(d)
If the Texas Regulatory Efficiency Office 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)
cease any enforcement activity related to the
regulation, rule, policy, or other agency action as soon as
practicable;
(B)
withdraw the regulation, rule, policy, or
other agency action as soon as practicable; and
(C)
if the participating agency considers
appropriate, replace the regulation, rule, policy, or other agency
action with a less restrictive regulation, rule, policy, or other
agency action.
(e)
The commission and the Texas Regulatory Efficiency
Office 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).
(f) This section may not be construed to:
(1)
authorize the commission or the Texas Regulatory
Efficiency Office to require a participating agency to adopt a less
restrictive regulation, rule, policy, or other agency action
suggested by the commission under Subsection (e); or
(2)
prohibit a participating agency from withdrawing
or replacing an existing regulation, rule, policy, or other
participating agency action under law or agency procedure.
SECTION 2. Not later than December 31, 2025, 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.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 4903 was passed by the House on May
12, 2025, by the following vote: Yeas 137, Nays 9, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4903 on May 28, 2025, by the following vote: Yeas 102, Nays 29,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4903 was passed by the Senate, with
amendments, on May 25, 2025, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor