CHAPTER 663. CHILD CARE SERVICES FOR STATE EMPLOYEES - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE B. STATE OFFICERS AND EMPLOYEES

CHAPTER 663. CHILD CARE SERVICES FOR STATE EMPLOYEES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 663.001. DEFINITIONS. In this chapter:

(1) "Child care facility" includes only a child care facility

established under this chapter.

(2) "Child care program" means the program developed by the

commission to provide child care services for state employees.

(3) "Commission" means the Texas Facilities Commission.

(4) "Committee" means the Child Care Advisory Committee.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 1, eff.

Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 1.61, eff. September 1, 2007.

Sec. 663.002. DUTIES AND RESPONSIBILITIES NOT AFFECTED.

Sections 663.003, 663.103, 663.104, and 663.105 do not affect the

duties or responsibilities of the commission under Section

2166.551.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19(15),

eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 761, Sec. 1, eff.

Sept. 1, 2001.

Sec. 663.003. GOOD FAITH STANDARD. The commission and the

executive director of the commission shall carry out their

responsibilities under this chapter in good faith.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER B. CHILD CARE DEVELOPMENT BOARD

Sec. 663.051. ADVISORY COMMITTEE. (a) The commission shall

appoint a child care advisory committee composed of individuals

who are interested in child care services for state employees.

(b) The commission may appoint to the committee:

(1) the executive directors of:

(A) the commission; and

(B) the Texas Department of Housing and Community Affairs;

(2) two representatives of nonprofit organizations involved with

the delivery or support of child care services;

(3) a representative of the corporate child development fund;

(4) a representative of child care providers;

(5) one or more state employees subject to the state

classification plan:

(A) each of whom has at least one child in a child care

facility; and

(B) if more than one is appointed, each of whom resides in a

different geographic area of the state; and

(6) one or more individuals knowledgeable in child care services

or the need of working individuals for child care services.

(c) The committee shall advise the commission on the:

(1) location, size, and design of the child care facilities; and

(2) curriculum a child care facility must provide to ensure the

provision of developmentally appropriate services of a high

quality.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 2, eff.

Sept. 1, 2001.

Sec. 663.052. REPORT OF COMMISSION. (a) The commission shall

report to the legislature each legislative session.

(b) The report must:

(1) summarize the development and progress of the child care

program; and

(2) describe additional child care services needed by state

employees.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 2, eff.

Sept. 1, 2001.

SUBCHAPTER C. CHILD CARE PROGRAM AND FACILITIES

Sec. 663.101. ADMINISTRATION OF CHILD CARE PROGRAM. (a) The

commission shall provide child care services for state employees

by the development and administration of the child care program.

(b) The commission by rule may establish methods to administer

and supervise the child care program.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 3, eff.

Sept. 1, 2001.

Sec. 663.102. STANDARDS OF CHILD CARE PROGRAM. The commission

shall set specific performance standards for child care services

under the child care program that conform to the standards of

quality child care set by the National Association for the

Education of Young Children or the National Child Care

Association.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 3, eff.

Sept. 1, 2001.

Sec. 663.103. SPECIFICATIONS FOR CHILD CARE FACILITY SITES. The

commission shall set specifications for each child care facility

site, including the location, size, and design for the facility.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 3, eff.

Sept. 1, 2001.

Sec. 663.104. ESTABLISHMENT OF CHILD CARE FACILITIES. To

establish a child care facility, the commission shall:

(1) acquire necessary real and personal property, including

mobile and prefabricated buildings; or

(2) build, renovate, repair, or equip a building, including

constructing or placing a new building on real property the state

owns.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 3, eff.

Sept. 1, 2001.

Sec. 663.105. CONTRACTS. (a) The commission shall make any

contract necessary to establish a child care facility.

(b) The contract must comply with Subtitle D, Title 10.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19(5),

eff. Sept. 1, 1997.

Sec. 663.106. LEASE TO CHILD CARE PROVIDER. The commission

shall lease to a child care provider selected by the commission a

site for a child care facility at a reasonable rate.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 4, eff.

Sept. 1, 2001.

Sec. 663.107. NUMBER OF CHILDREN SERVED BY CHILD CARE FACILITY.

The commission shall set the number of children a child care

facility may serve.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 4, eff.

Sept. 1, 2001.

Sec. 663.108. DUTIES OF CHILD CARE PROVIDER. A provider for a

child care facility shall:

(1) obtain for the facility a license under Chapter 42, Human

Resources Code;

(2) maintain liability insurance coverage by an insurance

company approved by the State Board of Insurance in an amount

approved by the commission;

(3) indemnify the state and the commission from:

(A) a claim, demand, or cause of action asserted by a person as

a result of the facility's operation; and

(B) an act or omission of the provider or the facility's

personnel;

(4) provide furniture, equipment, toys, or other materials

necessary for the facility;

(5) keep a list of child care applicants who are waiting for

enrollment in the facility; and

(6) pay salaries and provide insurance for the employees of the

facility.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 4, eff.

Sept. 1, 2001.

Sec. 663.109. MONITORING OF CHILD CARE FACILITIES. The

commission shall monitor the activities and operations of a child

care facility by conducting regular visits to the facility during

operating hours to investigate, inspect, and evaluate the

services provided.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 4, eff.

Sept. 1, 2001.

Sec. 663.110. ENROLLMENT IN CHILD CARE FACILITY. (a) The

commission shall establish procedures for application for

enrollment in a child care facility established under this

chapter.

(b) A provider for a child care facility shall give preference

in enrollment to the individual whose application date is the

earliest, except that the commission may permit enrollment

because of a special circumstance as defined by the commission,

including financial need or other hardship.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 4, eff.

Sept. 1, 2001.

Sec. 663.111. ADDITIONAL CHILD CARE FACILITIES. (a) The

commission may begin procedures to establish another child care

facility when the number of applicants on a waiting list to

enroll in a facility is 50 or more.

(b) After a site has been selected, the commission shall give

priority to implementing the plan to prepare the child care

facility over other building construction, repairs, or

renovations.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 4, eff.

Sept. 1, 2001.

Sec. 663.112. CHILD CARE FACILITY ACCOUNT. (a) The legislature

may appropriate money from the Texas capital trust fund

established under Chapter 2201 to establish and operate a child

care facility under this chapter.

(b) On the first day of each biennium or from the first amounts

deposited to the credit of the Texas capital trust fund during

each biennium, the comptroller shall set aside in a special

account within the fund the amount of an appropriation for this

chapter.

(c) An unexpended and unobligated portion of an appropriation

made from the fund for this chapter remains in the special

account at the end of the period for which it is appropriated.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 663.113. PRIVATE DONATIONS. (a) The commission may

solicit private donations of property or money for renovations,

equipment, or other items necessary to provide child care

services.

(b) The commission shall accept and use the donations only for

the child care program.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 5, eff.

Sept. 1, 2001.