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 (H.B. 3560), 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. 663.052.  REPORT OF COMMISSION.  (a)  The commission shall report to the legislature not later than December 1 of each even-numbered year.
(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.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 42, eff. September 1, 2013.

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.