(a) A Board shall ensure that providers are given written notice of and agree to their responsibilities, reporting requirements, and requirements for payment under this subchapter prior to enrolling a child.
(b) Providers shall:
  (1) be responsible for collecting the parent share of cost as assessed under §809.19 of this chapter before child care services are delivered;
  (2) be responsible for collecting other child care funds received by the parent as described in §809.21 of this chapter;
  (3) report to the Board or the Board's child care contractor instances in which the parent fails to pay the parent share of cost; and
  (4) follow attendance reporting and tracking procedures required by the Commission under §809.95 of this chapter, the Board, or, if applicable, the Board's child care contractor.
(c) Providers shall not charge more than the Board's payment rate as determined under §809.21 of this chapter to parents:
  (1) who are exempt from the parent share of cost assessment under §809.19 of this chapter;
  (2) whose parent share of cost is calculated to be zero pursuant to §809.19 of this chapter; or
  (3) parents in Child Care during Initial Job Search under §809.56 of this chapter during the initial three-month period.
(d) A Board may develop a policy that allows providers to charge parents more than the assessed parent share of cost in instances where the provider's published rate exceeds the Board's payment rate (including the assessed parent share of cost) to all parents not included in subsection (c) of this section.
(e) For Boards that allow providers to charge additional amounts pursuant to subsection (d) of this section, the Board must ensure the provider reports to the Board each month:
  (1) the specific families that were charged an additional amount above the assessed amount;
  (2) the frequency with which each family was charged; and
  (3) the amount of each additional charge.
(f) Boards that develop a policy under subsection (d) of this section must:
  (1) provide the rationale for the Board's policy to allow providers to charge families additional amounts above the required copayment, including a demonstration of how the policy promotes affordability and access for families; and
  (2) describe the Board's analysis of the interaction between the additional amounts charged to families with the required parent share of cost and the ability of current payment rates to provide access to care without additional fees.
(g) Providers shall not deny a child care referral based on the parent's income status, receipt of public assistance, or the child's protective service status.
(h) Providers shall not charge fees to a parent receiving child care subsidies that are not charged to a parent who is not receiving subsidies.

Source Note: The provisions of this §809.92 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective January 8, 2013, 38 TexReg 155; amended to be effective October 1, 2016, 41 TexReg 7529; amended to be effective October 3, 2022, 47 TexReg 6437; amended to be effective July 29, 2024, 49 TexReg 5540