House Bills-79th Legislative Session

House Bills Related to Early Childhood Education:

House Bill 262 (HB262)
Author:  Madden
Relating to permitting early entry into public school kindergartens for certain children. This bill would allow a child who is at least five years old on September 1 or who is younger than five and who has performed satisfactorily on the third grade reading assessment instrument to be enrolled in kindergarten.
Status: Died-Did not receive hearing in House Public Education Committee

House Bill 299 (HB299)
Author:  McClendon
Companion Bill: Senate Bill 41 (Zaffirini)
Relating to the right of an employee to time off from work to participate in certain activities of the employee's child. These companion bills would allow an employee to take up to one hour in each calendar month to participate in their child’s early care and education or school activities.
Status: Died-Left pending in House Economic Development Committee

House Bill 400 (HB400)
Author:  Villarreal
Relating to the provision of voluntary pre-kindergarten classes for certain children. This bill would offer a full-day of prekindergarten to currently eligible students.
Status: Died-Did not receive hearing in House Public Education Committee

House Bill 403 (HB403)
Author:  Villarreal
Relating to voluntary pre-kindergarten for certain children. This bill would offer a full-day of prekindergarten to currently eligible students.
Status: Died-Did not receive hearing in House Public Education Committee

House Bill 406 (HB406)
Author:  Villarreal
Relating to teacher certification in early childhood education. This bill would require that early childhood teacher certification include a minimum number of course credit hours emphasizing early childhood education or child development, and that a portion of the student teaching requirement be fulfilled by relevant supervised work experience in a child care, or Head Start center.
Status: Died-Did not receive hearing in House Public Education Committee

House Bill 483 (HB483)
Author:  Isett
Relating to an exemption from ad valorem taxation of property used as a child-care facility. Currently, Texas’ licensed center-based child care facilities are able to claim exemptions for property taxes. HB 483 proposes to afford this same opportunity to home-based providers. In order to qualify for an exemption, a child care facility run out of a private residence (home-based provider) must have one of the following criteria: 1) meet the Texas Rising Star Provider criteria or 2) be accredited by a nationally recognized accrediting organization for child-care or early childhood education facilities or programs, such as NAEYC or NECPAC, or other programs that are approved by the Texas Workforce Commission and the Department of Family & Protective Services. This legislation was proposed during the 78th Legislative session by Representative Chavez (Isett was co-sponsor). According to Representative Isett’s office, Florida has enacted similar legislation, which has facilitated an increase of quality child care opportunities.
Status: Died-Left pending in House Ways & Means Committee

House Bill 509 (HB509)
Author: McClendon
Companion Bill: Senate Bill 162 (Zaffirini)
Relating to the compulsory school attendance age. These companion bills would allow a child who is at least five years old or who is younger than five years old and has previously been enrolled in prekindergarten or Kindergarten to be enrolled in public school.
Status: Died-Did not receive hearing in House Public Education Committee

House Bill 553 (HB553)
Author:  Hochberg
Relating to exemptions from the requirement for a school district to operate a pre-kindergarten program. This bill would not exempt a school district from providing prekindergarten services if a private entity in the district is willing and able to contract with the school district to provide prekindergarten services and if that entity complies with program requirements and standards.
Status: Died-Did not receive hearing in House Public Education Committee

House Bill 745 (HB745)
Author: Oliveira
Relating to free public prekindergarten programs for certain children. This bill would allow Independent School Districts to receive a waiver for providing prekindergarten services if they lack the facility space until the 2007-2008 school year. At that time, districts will not be exempted from offering a full-day of prekindergarten.
Status: Died-Did not receive hearing in House Public Education Committee

House Bill 877(HB877)
Author: Talton
Relating to certain complaints and information with respect to certain child-care facilities and family homes and to procedures for certain disciplinary actions against certain child-care facilities; providing a criminal penalty.This bill has changed since its initial filing in the House and passage in the Senate.  The intent of the bill is to limit the number of anonymous reports investigated by the Department of Family & Protective Services and remove certain investigation information from the Department’s internet website.  The first version of the bill required the Department to remove information relating to any complaint (anonymous or otherwise) of a facility or family home’s failure to comply with minimum standards from the Department’s records if the Department determines that the complaint is false or lacks factual foundation.  The bill was changed during House floor debates when Representative Goodman offered two amendments.  The enrolled version of the bill changes the language so that the Department removes information only relating to anonymous complaints that the Department determines are false or lack factual foundation.  Furthermore, the information is removed from the Department’s website, not all departmental records.

The enrolled version of the bill establishes an offense (Class A misdemeanor) if a person knowingly or intentionally files a complaint regarding a facility or registered family home’s failure to comply with minimum standards and the person knows this allegation is false or lack factual foundation.  This offense would be a state jail felony if a person has been previously convicted of this offense.  This language has not changed since the bill’s initial filing.

HB 877 adds a section amending Section 42.072(b) of the Human Resources Code (HRC) regarding proceedings for disciplinary action for people entitled to hearings conducted by the State Office of Administrative Hearings.  Under this bill, this section of the HRC will add language requiring any action under this section (including revocation of a person’s license) is considered a contested case and is subject to judicial review under the substantial evidence rule in accordance with Chapter 2001 of the Government Code.
Status: Signed by the Governor on June 17, 2005; Effective on September 1, 2005

House Bill 936 (HB936)
Author: Villarreal
Relating to  liability insurance requirements for and limited liability of certain child-care facilities and child-placing agencies. This bill proposes that the Human Resources Code be amended to require a license holder that is a child-care facility or child-placing agency to maintain liability coverage in the amount of $100,000 per occurrence if the license holder meets certain criteria as defined in the bill.  The bill also proposes to place a limit on civil liability claims for non-economic damages of certain license holders.  According to the bill, the limit of liability would not to exceed $250,000 for each person and $500,000 for each single occurrence of bodily injury or death.
Status: Died-Left pending in House Insurance Committee

House Bill 1103 (HB1103)
Author: Villarreal
Relating to liability insurance for certain child-care facilities and child-placing agencies. This bill proposes to amend the Insurance Code to allow a nonprofit child-care facility or child-placing agency be entitled receive coverage if the facility or agency meets the criteria outlined in the bill.  Liability insurance coverage must satisfy the requirements of Section 42.049 of the Human Resources Code.  HB 1103 also states that the liability insurance coverage must also have contingent liability and have a stabilization reserve fund and will be issued in the same manner and subject to the same procedures as a medical liability insurance policy.
Status: Died-Left pending in House Insurance Committee

House Bill 1246 (HB1246)
Author:  Villarreal
Relating to eligibility for enrollment in public school prekindergarten classes. This bill would expand the income eligibility for families served in the public school prekindergarten program from a family with a household income of 185% of the federal poverty level to 200% of the federal poverty level.
Status: Died-Did not receive hearing in House Public Education Committee

House Bill 1272 (HB1272)
Author: Chavez
Relating to certain requirements for prekindergarten programs for public school students. This bill would require public school prekindergarten programs both on Independent School District campuses and programs served in community-based settings to comply with child care licensing minimum standards.
Status: Died-Did not receive hearing in House Public Education Committee

House Bill 1277 (HB1277)
Author: Casteel
Companion Bill: Senate Bill 606 (Seliger/Van de Putte)
Relating to limits on the size of prekindergarten classes in public schools. These companion bills would limit the size of prekindergarten, kindergarten, 1st, 2nd, 3rd and 4th grade classrooms to 22 students.
Status: Died-Left pending in House Public Education Committee

House Bill 1316 (HB1316)
Author: Zedler
Companion Bill: Senate Bill 1773 (Deuell)
Relating to immunization requirements for children in regulated child-care facilities. This bill would require that the Department of State Health Services add pneumococcal disease to the list of diseases that each child must be immunized for prior to being served in state regulated child care facilities.
Committee Substitute for House Bill 1316 (CSHB1316)
Talking Points on HB1316 from Wyeth Pharmaceuticals  
Status: Signed by the Governor on June 17, 2005; Effective on September 1, 2005

House Bill 1356 (HB1356)
Author:  Villarreal
Relating to a software system for providing a single point of access to government-funded child-care and education programs. This bill would create a single point of access for families in order to access child care and education services, including subsidized child care, Head Start or Early Head Start, child care provided by a school district, and any other government-funded child care services. The bill would award a grant to entities in order to purchase the software package necessary to provide a single point of access.

Due to the fiscal note, a committee substitute is being prepared to accomplish the same goal of creating a single point of entry for parents seeking early care and education programs through the HelpinTexas.com website which the state will be using in conjunction with the 2-1-1 System.
Committee Substitute: Not Yet Available
Status: Died-Left pending in House Human Services Committee; Note! Concept amended onto HB2048

House Bill 1487 (HB1487)
Author: Eissler
Relating to the age of children for whom public school kindergarten must be provided. This bill would allow children to be enrolled in kindergarten if that child is at least five years of age on June 1 preceding the first day of instruction for a school year.
Status: Died-Left pending in House Public Education Committee

House Bill 1514 (HB1514)
Author:  Villarreal
Relating to the suspension of the license or registration of a child-care facility providing care for less than 24 hours a day or the listing of a family home. Relating to the suspension of the license or registration of a child-care facility providing care for less than 24 hours a day or the listing of a family home.  This bill extends the authority of the Department of Family and Protective Services' Child-Care Licensing Division to suspend the license of registration of a child care facility from 10 to 30 days in situations that pose an immediate threat to the health and safety of the children in care.  The Department of Family and Protective Services' Child-Care Licensing Division is responsible for protecting the health, safety, and well being of children who attend or reside in regulated child-care facilities and homes.  The rationale for the bill is that the current 10 day suspension is an insufficient amount of time for division staff to conclude their investigation and to ensure that a facility has adequately addressed health and safety concerns.
Status: Died-Withdrawn from schedule

House Bill 1839 (HB1839)
Author: Raymond
Relating to a grant program for after-school child-care programs provided by school districts. This bill would create a grant program in order for school districts to operate one or more after-school child care programs for students in kindergarten through eighth grade. Priority will be given to school districts in a county with a population of less than 500,000, in which the majority of children are from low-income families; as well as to schools in which there are a significant number of children from low-income families.
Status: Died-Did not receive hearing in House Public Education Committee

House Bill 1876 (HB1876)
Author: Farrar
Relating to limits on the size of prekindergarten classes in public schools. This bill would limit the size of a prekindergarten class to 18 students and would limit kindergarten, 1st, 2nd, 3rd, and 4th grade classrooms to 22 students.
Status: Died-Did not receive hearing in House Public Education Committee

House Bill 1877 (HB1877)
Author: Farrar
Relating to training for employees and operations of certain child-care facilities. This bill would require that the training for administrators and staff of child care centers be provided by an individual listed on the statewide registry of certified training providers or is an instructor at a public or private college or university.
Status: Died-Left pending in House Human Services Committee

House Bill 2048 (HB2048)
Author: Uresti
Relating to certain online services and transactions involving state agencies. This bill amends many sections of the Texas Government Code in relation to the State of Texas website, TexasOnline, as well as state agencies and their participation in the website.  Representative Villarreal added an amendment to HB 2048 that proposes an Internet website be used to serve as a single point of access through which a person may be directed on how or where to apply for all child-care and education services available in the person’s community.  This language was originally introduced through HB 1356, which was left pending in committee.  This analysis is focused on the section of HB 2048 that proposes a single point of access.  As proposed by HB 2048, the Texas Information and Referral Network will be responsible for managing the system, and the Texas Workforce Commission will be responsible for providing the Legislature with quarterly reports on the number of referrals made to each agency and school district.  This single point of access format was based on San Antonio’s Kid First website, which is the San Antonio Department of Community Initiatives’ Childcare Assistance Programs Single Portal of Entry service.

There are several differences between the House and Senate versions of the bill, which has resulted in the creation of a conference committee.  However, there is only one difference in relation to the single point of access section of the bill.  The House version states that the website “must” be geographically indexed, contain prescreening questions to determine probable eligibility for child-care and education services, and be designed to allow Texas Information and Referral Network staff to provide the applicant with information of the nearest Head Start or Early Head Start office/center and local workforce development center and the appropriate school district, as well as providing these entities with the contact information and type of services requested by each applicant through email.  The Senate version recommends the same provisions, but adds that they must be provided “to the extent resources are available.”  Both versions require that these entities contact applicants to verify eligibility information and, upon certifying eligibility, shall match the applicant with entities providing services in their area, including local workforce development boards, local child-care providers, or a Head Start/Early Head Start program provider.
Status: Signed by the Governor on June 18, 2005; Effective Immediately

House Bill 2324 (HB2324)
Author: Villarreal
Relating to quality improvement activities for certain subsidized child-care services. This bill would establish a grant program by which local workforce development boards could facilitate quality improvement activities among child care providers in their community. This bill outlines a list of recommended quality improvement activities for communities to choose from based on local needs.
Committee Substitute: Not Yet Available
Status: Died-Left pending in House Human Services Committee; Note! Concept amended onto HB2959

House Bill 2327 (HB2327)
Author: Villarreal
Relating to the creation of the blue ribbon task force on early childhood education. This bill would create a blue ribbon task force on early childhood education to study the resource needs of programs, recommend options for securing additional funding, analyze barriers for integration of services including funding and standards criteria and develop recommendations to ensure high quality, full-day early care and education services on a voluntary basis.
TECEC Testimony Provided to House Public Education Committee
Talking Points  
Status: Died-Did not get set on House floor for second reading; Note! Concept amended onto HB2808

House Bill 2378 (HB2378)
Author: Swinford
Relating to transferring responsibility for the child-care facilities for state employees from the Texas Building and Procurement Commission to the Health and Human Services Commission. This bill amends Chapter 663 of the Government Code to have the Health and Human Services Commission assume responsibility of child care facilities designated for state employees, instead of the Texas Building and Procurement Commission. The Texas Building and Procurement Commission will continue to lease child care facilities to child care providers, but the Health and Human Services Commission would select the child care providers, and would assume the administration and supervision of those programs. Other responsibilities transferred to the Health and Human Services Commission include all functions, proceedings, contracts, properties, and any unexpended money.
Status: Died-Passed House, Left pending in Senate State Affairs Committee

House Bill 2461 (HB2461)
Author: Villarreal
Relating to establishing a program to provide child-care assistance to certain military personnel. This bill will create a child care assistance program for certain military families serving overseas. Eligible families include those with a child under the age of thirteen; those serving as a member of either the Texas National Guard or a reserve component of the United States armed forces; and having a median household income that is not greater than 75% of the median state household income. This bill is contingent upon the passage of House Bill 3345 by Dutton, relating to the creation of the Texas Homefront Heroes program, which provides temporary financial assistance to family members on active duty.
Status: Died-Did not receive a hearing in House Defense Affairs and State-Federal Relations Committee

House Bill 2605 (HB2605)
Author: Guillen
Relating to eligibility of children with learning disabilities for free public prekindergarten classes. This bill expands the eligibility criteria for children served in the public school prekindergarten program to include children who have been diagnosed with a learning disability.
Status: Died-Did not get set on House floor for second reading

House Bill 2770 (HB2007)
Author: Farabee
Relating to limits on the size of prekindergarten classes in public schools. This bill would limit the size of a prekindergarten class to 18 students and would limit the size of kindergarten, 1st, 2nd, 3rd, and 4th grade classrooms to 22 students. In addition, the bill would require that each student who is eligible for special education is counted as two students.
Status: Died-Did not receive hearing in House Public Education Committee

House Bill 2808 (HB2808)
Author: Morrison
Relating to the P-16 Council and to the functioning of certain educational programs. As passed by the Senate, HB 2808 eliminates conflicting sections of the Education Code relating to the P-16 Council.  HB 2808 adds a member from the Department of Assistive and Rehabilitative Services to the Council and allows the co-chairs to appoint up to three additional members.  Representative Villarreal added an amendment for the P-16 Council to create a P-16 Council Early Childhood Task Force in order to study the resource needs of high-quality early childhood care and education programs.  The amendment’s language and intent was the same as House CSHB 2327, which was set on the House floor for second reading.  This analysis focuses on the sections of HB 2808 as related to the creation of this Task Force.

Due to concerns from the Senate Education Committee regarding the structure of a legislative task force underneath the P-16 Council, the language was changed to eliminate the creation of a task force.  Instead, the Legislative Budget Board will study the resource needs of high-quality early childhood care and education programs, including Head Start, Early Head Start, prekindergarten, after-school programs, and licensed child-care programs.  The Board will then report the findings and recommendations to the P-16 Council, the governor, the lieutenant governor, the speaker of the House of Representatives, and the 79th Legislature.  The report will include recommended options to secure additional funding for the programs and a plan to implement (in phases) full-day prekindergarten programs for at-risk children and ways to expand the eligibility criteria for those programs.
Status: Signed by the Governor on June 18, 2005; Effective on September 1, 2005

House Bill 2959 (HB2959)
Author: Paxton
Relating to the use of federal child care and development block grant funds by local workforce development boards. HB2959 removes from statute the graduated reimbursement rate for child care providers who are exceeding minimum standards based on the Texas Workforce Commission's designated vendor program or Texas Rising Star Certification Program.
Status: Died just before reaching Conference Committee between House and Senate

House Bill 2960 (HB2960)
Author: Paxton
Relating to the abolition of the work and family policies advisory committee, work and family policies fund, and certain requirements for the Texas Workforce Commission's administration of federally established day-care programs. HB2960 removes from statute the parent advisory committees that meet to discuss and review child care center policies and operations. HB2960 also removes from statute the Work and Family Policies Advisory Committee that advises the Texas Workforce Commission on certain work/life issues including ensuring that employees have their child care needs met.
Status: Died-Did not receive hearing from House Economic Development Committee

House Bill 2961 (HB2961)
Author: Paxton
Relating to the repeal of certain requirements for the Texas Workforce Commission's administration of federally established day-care programs. HB2961 removes from statute the parent advisory committees that meet to discuss and review child care center policies and operations. The language in HB2961 is also included in HB2960.
Status: Signed by the Governor on May 27, 2005; Effective Immediately

House Bill 2962 (HB2962)
Author: Paxton
Relating to the abolition of the work and family policies advisory committee and the work and family policies fund. HB2962 removes from statute the Work and Family Policies Advisory Committee that advises the Texas Workforce Commission on certain work/life issues including ensuring that employees have their child care needs met. The language in HB2962 is also included in HB2960.
Status: Signed by the Governor on May 30, 2005; Effective Immediately

House Bill 3211 (HB3211)
Author: Coleman
Companion Bill: Senate Bill 1388 (Ellis)
Relating to the availability of free prekindergarten programs in public schools. These companion bills expand the eligibility criteria for children served in the public school prekindergarten program to include all four year olds.
Status: Died-Did not receive hearing from House Public Education Committee

House Bill 3359 (HB3359)
Author: Hunter
Relating to the provision of free prekindergarten for the children of public school educators. This bill would amend the Education Code to expand eligibility of the public prekindergarten program to include children of an educator employed by a school district in the state.
Status: Died-Left pending in House Public Education Committee

House Bill 3377 (HB3377)
Author: Pena
Relating to a kindergarten-plus program for certain children. This bill outlines the population of children eligible for the kindergarten-plus program which at a minimum must provide six weeks of additional instruction for an eligible child during the summer before the child will begin kindergarten, and six weeks of additional instruction for an eligible child during the summer after the child completes kindergarten.
Status: Died-Did not receive hearing in House Public Education Committee
 

Last Updated: 6/29/05