CHAPTER 663. CHILD CARE SERVICES FOR STATE EMPLOYEES
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.