State Codes and Statutes

Statutes > Texas > Human-resources-code > Title-2-department-of-human-services-and-department-of-protective-and-regulatory-services > Chapter-44-administration-of-federal-and-state-day-care-programs

HUMAN RESOURCES CODE

TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF

PROTECTIVE AND REGULATORY SERVICES

SUBTITLE D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD

WELFARE AND PROTECTIVE SERVICES

CHAPTER 44. ADMINISTRATION OF FEDERAL AND STATE DAY-CARE PROGRAMS

SUBCHAPTER A. FEDERALLY ESTABLISHED DAY-CARE PROGRAMS

Sec. 44.001. DESIGNATED AGENCY. The Texas Workforce Commission

is the state agency designated to administer a day-care program

established by federal law and financed partially or totally by

federal funds.

Acts 1979, 66th Leg., p. 2370, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1987, 70th Leg., ch. 717, Sec. 1,

eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 76, Sec. 8.024,

eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.64,

eff. Sept. 1, 1995.

Sec. 44.002. ADMINISTRATIVE RULES. (a) The Texas Workforce

Commission shall promulgate rules to carry out the administrative

provisions of the program consistent with federal law and

regulations.

(b) The rules must include procedures to allow operators of

day-care centers to review and comment on proposed rules and

policies.

(c) Repealed by Acts 2005, 79th Leg., Ch. 228, Sec. 1, eff. May

27, 2005.

(d) Repealed by Acts 2005, 79th Leg., Ch. 228, Sec. 1, eff. May

27, 2005.

Acts 1979, 66th Leg., p. 2370, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1987, 70th leg., ch. 717, Sec. 1,

eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 76, Sec. 8.025,

eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.65,

eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

228, Sec. 1, eff. May 27, 2005.

Sec. 44.003. ADMINISTRATION OF FEDERAL-LOCAL PROGRAM. (a) If

the program is to be funded through political subdivisions of the

state or local agencies approved by the commission matching

federal grants, the commission shall promulgate procedures for

effective delivery of services consistent with this section and

with federal law and regulations.

(b) If the services are provided through contracting with

operators of day-care programs on request from political

subdivisions or local agencies, the commission may not promulgate

standards for selection of the type of programs more restrictive

than required by federal law or regulations.

(c) The executive director of the commission shall establish an

accounting system consistent with federal law and regulations

which will provide that an operator of a day-care program

contracting with the commission:

(1) shall receive prepayment in accordance with policies and

procedures mutually agreed on by the comptroller and the

commission; and

(2) shall be paid on the basis of legitimate and reasonable

expenses, insofar as possible, given federal regulations and

department policy, instead of being paid on the basis of the

number of children attending or the number of children enrolled

in the program, provided that on being monitored by the

commission, the contracting operator can substantiate that there

were sufficient preparations in the development of the services

offered.

(d) The executive director of the commission shall establish

procedures for hearing complaints by operators of day-care

programs contracting with the commission relating to the failure

of the commission to comply with Subsection (c).

Acts 1979, 66th Leg., p. 2370, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1987, 70th Leg., ch. 717, Sec. 1,

eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 76, Sec. 8.026,

eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.66,

eff. Sept. 1, 1995.

SUBCHAPTER B. DAY-CARE CENTERS

Sec. 44.031. ESTABLISHMENT. (a) The commission may establish

day-care centers for all children who qualify for services under

Section 44.032. Where in the opinion of the executive director of

the commission it appears feasible for the furtherance of the

objectives of this legislation, the commission may establish

cooperative agreements with other state agencies.

(b) The commission is not required to establish a day-care

center or to provide services under this subchapter unless funds

are appropriated for that purpose.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.027, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.67, eff.

Sept. 1, 1995.

Sec. 44.032. ELIGIBILITY. (a) Except as provided by Subsection

(b), to be eligible for admission to a day-care center authorized

under this subchapter, a child must be at least six weeks of age

and:

(1) the child must be eligible for state assistance under the

aid to families with dependent children program and the child's

caretaker must be employed, enrolled in a job training program

authorized by the Texas Workforce Commission, registered to work

by that commission, or permanently and totally disabled; or

(2) the child must be from a family eligible under federal law

or regulations to participate in a partially or totally federally

funded welfare or social services program.

(b) Additional children of the same age group may also be

admitted to a center under additional standards established by

the commission.

(c) To reduce rapid turnover of children in care and to ensure

maximum stability for the child to the extent possible within

federal guidelines, once a child meets the initial eligibility

standards and is enrolled in a child-care program, the child

remains eligible for not less than one year after the date of

enrollment.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.028, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.68, eff.

Sept. 1, 1995.

Sec. 44.033. FEES. (a) A fee for services rendered by the

day-care center may not be charged for a child who is eligible

for state assistance under the aid to families with dependent

children program.

(b) A fee that is scaled to family income for services rendered

by the day-care program may be charged for a child who is not

eligible for state assistance under the aid to families with

dependent children program.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987.

Sec. 44.034. STANDARDS; RECOMMENDATIONS. (a) If the Texas

Workforce Commission establishes day-care centers under this

subchapter, the department shall prescribe standards of operation

and performance for the centers that will ensure proper

nutrition, social adjustment, health services, and appropriate

growth and development for children admitted.

(b) The executive director of the commission shall prescribe

procedures for receiving recommendations relating to the

operation of the centers from parents, guardians, or custodians

of children admitted to the centers, operators of the centers,

and other interested persons.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.029, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.69, eff.

Sept. 1, 1995.

Sec. 44.035. CONTRACTS. (a) The executive director of the

Texas Workforce Commission may contract for services authorized

under this subchapter with an individual, organization,

association, or corporation meeting the standards established

under Section 44.034 and the standards for child-care facilities

licensed by the Department of Protective and Regulatory Services.

(b) The fees paid to the center under the contract may not

exceed the amount it would cost the state to provide the same

services.

(c) The executive director of the commission shall terminate a

contract with a day-care center that fails to maintain the

department's standards.

(d) When the executive director of the commission intends to

cancel a contract with a day-care center, the executive director

shall give the center reasonable notice and an opportunity for a

hearing if one is requested. The commission shall adopt rules

consistent with Chapter 2001, Government Code, to implement this

section. Hearings under this section are contested cases under

that chapter.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

8.030, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec.

11.70, eff. Sept. 1, 1995.

Sec. 44.036. ANNUAL EVALUATION OF DAY-CARE CENTERS. If the

commission establishes day-care centers or provides services

under this subchapter, the commission, with the assistance of the

department, shall evaluate the performance of the centers each

state fiscal year. This evaluation shall be sent to the governor

and to the Legislative Budget Board not later than the 100th day

after the last day of the state fiscal year covered by the

evaluation.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.031, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.71, eff.

Sept. 1, 1995.

State Codes and Statutes

Statutes > Texas > Human-resources-code > Title-2-department-of-human-services-and-department-of-protective-and-regulatory-services > Chapter-44-administration-of-federal-and-state-day-care-programs

HUMAN RESOURCES CODE

TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF

PROTECTIVE AND REGULATORY SERVICES

SUBTITLE D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD

WELFARE AND PROTECTIVE SERVICES

CHAPTER 44. ADMINISTRATION OF FEDERAL AND STATE DAY-CARE PROGRAMS

SUBCHAPTER A. FEDERALLY ESTABLISHED DAY-CARE PROGRAMS

Sec. 44.001. DESIGNATED AGENCY. The Texas Workforce Commission

is the state agency designated to administer a day-care program

established by federal law and financed partially or totally by

federal funds.

Acts 1979, 66th Leg., p. 2370, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1987, 70th Leg., ch. 717, Sec. 1,

eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 76, Sec. 8.024,

eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.64,

eff. Sept. 1, 1995.

Sec. 44.002. ADMINISTRATIVE RULES. (a) The Texas Workforce

Commission shall promulgate rules to carry out the administrative

provisions of the program consistent with federal law and

regulations.

(b) The rules must include procedures to allow operators of

day-care centers to review and comment on proposed rules and

policies.

(c) Repealed by Acts 2005, 79th Leg., Ch. 228, Sec. 1, eff. May

27, 2005.

(d) Repealed by Acts 2005, 79th Leg., Ch. 228, Sec. 1, eff. May

27, 2005.

Acts 1979, 66th Leg., p. 2370, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1987, 70th leg., ch. 717, Sec. 1,

eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 76, Sec. 8.025,

eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.65,

eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

228, Sec. 1, eff. May 27, 2005.

Sec. 44.003. ADMINISTRATION OF FEDERAL-LOCAL PROGRAM. (a) If

the program is to be funded through political subdivisions of the

state or local agencies approved by the commission matching

federal grants, the commission shall promulgate procedures for

effective delivery of services consistent with this section and

with federal law and regulations.

(b) If the services are provided through contracting with

operators of day-care programs on request from political

subdivisions or local agencies, the commission may not promulgate

standards for selection of the type of programs more restrictive

than required by federal law or regulations.

(c) The executive director of the commission shall establish an

accounting system consistent with federal law and regulations

which will provide that an operator of a day-care program

contracting with the commission:

(1) shall receive prepayment in accordance with policies and

procedures mutually agreed on by the comptroller and the

commission; and

(2) shall be paid on the basis of legitimate and reasonable

expenses, insofar as possible, given federal regulations and

department policy, instead of being paid on the basis of the

number of children attending or the number of children enrolled

in the program, provided that on being monitored by the

commission, the contracting operator can substantiate that there

were sufficient preparations in the development of the services

offered.

(d) The executive director of the commission shall establish

procedures for hearing complaints by operators of day-care

programs contracting with the commission relating to the failure

of the commission to comply with Subsection (c).

Acts 1979, 66th Leg., p. 2370, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1987, 70th Leg., ch. 717, Sec. 1,

eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 76, Sec. 8.026,

eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.66,

eff. Sept. 1, 1995.

SUBCHAPTER B. DAY-CARE CENTERS

Sec. 44.031. ESTABLISHMENT. (a) The commission may establish

day-care centers for all children who qualify for services under

Section 44.032. Where in the opinion of the executive director of

the commission it appears feasible for the furtherance of the

objectives of this legislation, the commission may establish

cooperative agreements with other state agencies.

(b) The commission is not required to establish a day-care

center or to provide services under this subchapter unless funds

are appropriated for that purpose.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.027, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.67, eff.

Sept. 1, 1995.

Sec. 44.032. ELIGIBILITY. (a) Except as provided by Subsection

(b), to be eligible for admission to a day-care center authorized

under this subchapter, a child must be at least six weeks of age

and:

(1) the child must be eligible for state assistance under the

aid to families with dependent children program and the child's

caretaker must be employed, enrolled in a job training program

authorized by the Texas Workforce Commission, registered to work

by that commission, or permanently and totally disabled; or

(2) the child must be from a family eligible under federal law

or regulations to participate in a partially or totally federally

funded welfare or social services program.

(b) Additional children of the same age group may also be

admitted to a center under additional standards established by

the commission.

(c) To reduce rapid turnover of children in care and to ensure

maximum stability for the child to the extent possible within

federal guidelines, once a child meets the initial eligibility

standards and is enrolled in a child-care program, the child

remains eligible for not less than one year after the date of

enrollment.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.028, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.68, eff.

Sept. 1, 1995.

Sec. 44.033. FEES. (a) A fee for services rendered by the

day-care center may not be charged for a child who is eligible

for state assistance under the aid to families with dependent

children program.

(b) A fee that is scaled to family income for services rendered

by the day-care program may be charged for a child who is not

eligible for state assistance under the aid to families with

dependent children program.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987.

Sec. 44.034. STANDARDS; RECOMMENDATIONS. (a) If the Texas

Workforce Commission establishes day-care centers under this

subchapter, the department shall prescribe standards of operation

and performance for the centers that will ensure proper

nutrition, social adjustment, health services, and appropriate

growth and development for children admitted.

(b) The executive director of the commission shall prescribe

procedures for receiving recommendations relating to the

operation of the centers from parents, guardians, or custodians

of children admitted to the centers, operators of the centers,

and other interested persons.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.029, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.69, eff.

Sept. 1, 1995.

Sec. 44.035. CONTRACTS. (a) The executive director of the

Texas Workforce Commission may contract for services authorized

under this subchapter with an individual, organization,

association, or corporation meeting the standards established

under Section 44.034 and the standards for child-care facilities

licensed by the Department of Protective and Regulatory Services.

(b) The fees paid to the center under the contract may not

exceed the amount it would cost the state to provide the same

services.

(c) The executive director of the commission shall terminate a

contract with a day-care center that fails to maintain the

department's standards.

(d) When the executive director of the commission intends to

cancel a contract with a day-care center, the executive director

shall give the center reasonable notice and an opportunity for a

hearing if one is requested. The commission shall adopt rules

consistent with Chapter 2001, Government Code, to implement this

section. Hearings under this section are contested cases under

that chapter.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

8.030, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec.

11.70, eff. Sept. 1, 1995.

Sec. 44.036. ANNUAL EVALUATION OF DAY-CARE CENTERS. If the

commission establishes day-care centers or provides services

under this subchapter, the commission, with the assistance of the

department, shall evaluate the performance of the centers each

state fiscal year. This evaluation shall be sent to the governor

and to the Legislative Budget Board not later than the 100th day

after the last day of the state fiscal year covered by the

evaluation.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.031, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.71, eff.

Sept. 1, 1995.


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State Codes and Statutes

Statutes > Texas > Human-resources-code > Title-2-department-of-human-services-and-department-of-protective-and-regulatory-services > Chapter-44-administration-of-federal-and-state-day-care-programs

HUMAN RESOURCES CODE

TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF

PROTECTIVE AND REGULATORY SERVICES

SUBTITLE D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD

WELFARE AND PROTECTIVE SERVICES

CHAPTER 44. ADMINISTRATION OF FEDERAL AND STATE DAY-CARE PROGRAMS

SUBCHAPTER A. FEDERALLY ESTABLISHED DAY-CARE PROGRAMS

Sec. 44.001. DESIGNATED AGENCY. The Texas Workforce Commission

is the state agency designated to administer a day-care program

established by federal law and financed partially or totally by

federal funds.

Acts 1979, 66th Leg., p. 2370, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1987, 70th Leg., ch. 717, Sec. 1,

eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 76, Sec. 8.024,

eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.64,

eff. Sept. 1, 1995.

Sec. 44.002. ADMINISTRATIVE RULES. (a) The Texas Workforce

Commission shall promulgate rules to carry out the administrative

provisions of the program consistent with federal law and

regulations.

(b) The rules must include procedures to allow operators of

day-care centers to review and comment on proposed rules and

policies.

(c) Repealed by Acts 2005, 79th Leg., Ch. 228, Sec. 1, eff. May

27, 2005.

(d) Repealed by Acts 2005, 79th Leg., Ch. 228, Sec. 1, eff. May

27, 2005.

Acts 1979, 66th Leg., p. 2370, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1987, 70th leg., ch. 717, Sec. 1,

eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 76, Sec. 8.025,

eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.65,

eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

228, Sec. 1, eff. May 27, 2005.

Sec. 44.003. ADMINISTRATION OF FEDERAL-LOCAL PROGRAM. (a) If

the program is to be funded through political subdivisions of the

state or local agencies approved by the commission matching

federal grants, the commission shall promulgate procedures for

effective delivery of services consistent with this section and

with federal law and regulations.

(b) If the services are provided through contracting with

operators of day-care programs on request from political

subdivisions or local agencies, the commission may not promulgate

standards for selection of the type of programs more restrictive

than required by federal law or regulations.

(c) The executive director of the commission shall establish an

accounting system consistent with federal law and regulations

which will provide that an operator of a day-care program

contracting with the commission:

(1) shall receive prepayment in accordance with policies and

procedures mutually agreed on by the comptroller and the

commission; and

(2) shall be paid on the basis of legitimate and reasonable

expenses, insofar as possible, given federal regulations and

department policy, instead of being paid on the basis of the

number of children attending or the number of children enrolled

in the program, provided that on being monitored by the

commission, the contracting operator can substantiate that there

were sufficient preparations in the development of the services

offered.

(d) The executive director of the commission shall establish

procedures for hearing complaints by operators of day-care

programs contracting with the commission relating to the failure

of the commission to comply with Subsection (c).

Acts 1979, 66th Leg., p. 2370, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1987, 70th Leg., ch. 717, Sec. 1,

eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 76, Sec. 8.026,

eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.66,

eff. Sept. 1, 1995.

SUBCHAPTER B. DAY-CARE CENTERS

Sec. 44.031. ESTABLISHMENT. (a) The commission may establish

day-care centers for all children who qualify for services under

Section 44.032. Where in the opinion of the executive director of

the commission it appears feasible for the furtherance of the

objectives of this legislation, the commission may establish

cooperative agreements with other state agencies.

(b) The commission is not required to establish a day-care

center or to provide services under this subchapter unless funds

are appropriated for that purpose.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.027, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.67, eff.

Sept. 1, 1995.

Sec. 44.032. ELIGIBILITY. (a) Except as provided by Subsection

(b), to be eligible for admission to a day-care center authorized

under this subchapter, a child must be at least six weeks of age

and:

(1) the child must be eligible for state assistance under the

aid to families with dependent children program and the child's

caretaker must be employed, enrolled in a job training program

authorized by the Texas Workforce Commission, registered to work

by that commission, or permanently and totally disabled; or

(2) the child must be from a family eligible under federal law

or regulations to participate in a partially or totally federally

funded welfare or social services program.

(b) Additional children of the same age group may also be

admitted to a center under additional standards established by

the commission.

(c) To reduce rapid turnover of children in care and to ensure

maximum stability for the child to the extent possible within

federal guidelines, once a child meets the initial eligibility

standards and is enrolled in a child-care program, the child

remains eligible for not less than one year after the date of

enrollment.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.028, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.68, eff.

Sept. 1, 1995.

Sec. 44.033. FEES. (a) A fee for services rendered by the

day-care center may not be charged for a child who is eligible

for state assistance under the aid to families with dependent

children program.

(b) A fee that is scaled to family income for services rendered

by the day-care program may be charged for a child who is not

eligible for state assistance under the aid to families with

dependent children program.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987.

Sec. 44.034. STANDARDS; RECOMMENDATIONS. (a) If the Texas

Workforce Commission establishes day-care centers under this

subchapter, the department shall prescribe standards of operation

and performance for the centers that will ensure proper

nutrition, social adjustment, health services, and appropriate

growth and development for children admitted.

(b) The executive director of the commission shall prescribe

procedures for receiving recommendations relating to the

operation of the centers from parents, guardians, or custodians

of children admitted to the centers, operators of the centers,

and other interested persons.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.029, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.69, eff.

Sept. 1, 1995.

Sec. 44.035. CONTRACTS. (a) The executive director of the

Texas Workforce Commission may contract for services authorized

under this subchapter with an individual, organization,

association, or corporation meeting the standards established

under Section 44.034 and the standards for child-care facilities

licensed by the Department of Protective and Regulatory Services.

(b) The fees paid to the center under the contract may not

exceed the amount it would cost the state to provide the same

services.

(c) The executive director of the commission shall terminate a

contract with a day-care center that fails to maintain the

department's standards.

(d) When the executive director of the commission intends to

cancel a contract with a day-care center, the executive director

shall give the center reasonable notice and an opportunity for a

hearing if one is requested. The commission shall adopt rules

consistent with Chapter 2001, Government Code, to implement this

section. Hearings under this section are contested cases under

that chapter.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

8.030, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec.

11.70, eff. Sept. 1, 1995.

Sec. 44.036. ANNUAL EVALUATION OF DAY-CARE CENTERS. If the

commission establishes day-care centers or provides services

under this subchapter, the commission, with the assistance of the

department, shall evaluate the performance of the centers each

state fiscal year. This evaluation shall be sent to the governor

and to the Legislative Budget Board not later than the 100th day

after the last day of the state fiscal year covered by the

evaluation.

Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.031, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 655, Sec. 11.71, eff.

Sept. 1, 1995.


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