1-1 By: Turner of Harris (Senate Sponsor - Shapiro) H.B. No. 1114
1-2 (In the Senate - Received from the House May 13, 1993;
1-3 May 14, 1993, read first time and referred to Committee on Health
1-4 and Human Services; May 23, 1993, reported favorably by the
1-5 following vote: Yeas 7, Nays 0; May 23, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Zaffirini x
1-9 Ellis x
1-10 Madla x
1-11 Moncrief x
1-12 Nelson x
1-13 Patterson x
1-14 Shelley x
1-15 Truan x
1-16 Wentworth x
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the requirement that a licensed child care facility
1-20 have certain liability insurance coverage.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
1-23 is amended by adding Section 42.0491 to read as follows:
1-24 Sec. 42.0491. LIABILITY INSURANCE REQUIRED. (a) A license
1-25 holder shall maintain liability insurance coverage in the amount of
1-26 $300,000 for each occurrence of negligence. An insurance policy or
1-27 contract required under this section must cover injury to a child
1-28 that occurs while the child is on the premises of the license
1-29 holder or in the care of the license holder.
1-30 (b) A license holder shall file with the division a
1-31 certificate or other evidence from an insurance company showing
1-32 that the license holder has an unexpired and uncancelled insurance
1-33 policy or contract that meets the requirements of this section.
1-34 (c) Should the license holder for financial reasons or for
1-35 lack of availability of an underwriter willing to issue a policy be
1-36 unable to secure the insurance required under Subsection (a) or
1-37 should the policy limits be exhausted, the license holder shall
1-38 notify the parent or a person standing in parental relationship to
1-39 each child for whom the license holder provides care a written
1-40 notice that the liability coverage is not provided and there will
1-41 not be a ground for suspension or revocation of the license
1-42 holder's license under this chapter. The license holder shall also
1-43 notify the department that the coverage is not provided and provide
1-44 the reason for same. In no case shall the inability to secure
1-45 coverage serve to indemnify the license holder for damages due to
1-46 negligence.
1-47 (d) The insurance policy or contract shall be maintained at
1-48 all times in an amount as required by this section. Failure by a
1-49 license holder to renew the policy or contract or to maintain the
1-50 policy or contract in the required amount is a ground for
1-51 suspension or revocation of the license holder's license under this
1-52 chapter.
1-53 (e) This section does not apply to a group or registered day
1-54 care home.
1-55 SECTION 2. This Act takes effect September 1, 1993, and
1-56 applies only to an application for the issuance or renewal of a
1-57 license by a child care facility filed on or after that date.
1-58 SECTION 3. The importance of this legislation and the
1-59 crowded condition of the calendars in both houses create an
1-60 emergency and an imperative public necessity that the
1-61 constitutional rule requiring bills to be read on three several
1-62 days in each house be suspended, and this rule is hereby suspended.
1-63 * * * * *
1-64 Austin,
1-65 Texas
1-66 May 23, 1993
1-67 Hon. Bob Bullock
1-68 President of the Senate
2-1 Sir:
2-2 We, your Committee on Health and Human Services to which was
2-3 referred H.B. No. 1114, have had the same under consideration, and
2-4 I am instructed to report it back to the Senate with the
2-5 recommendation that it do pass and be printed.
2-6 Zaffirini,
2-7 Chair
2-8 * * * * *
2-9 WITNESSES
2-10 No witnesses appeared on H.B. No. 1114.