BILL ANALYSIS



C.S.H.B. 2506
By: Swinford
04-19-95
Committee Report (Substituted)


BACKGROUND

     The Department of Protective and Regulatory Services (DPRS) is
required by law only to review the minimum standards for child-care
facilities every six years.  However, current law does not require
any changes to the current minimum standards.  

     During the past two years, DPRS and its State Advisory
Committee on Child-Care Administrators and Facilities held public
hearings across the state to receive comment on new, revised
minimum standards for child care.  A tremendous controversy arose
over the proposed standards, because the revisions were said to
cause an increase in the costs of child care for families and
child-care facilities.  

     Last fall, before taking action on the proposed minimum
standards, the Board of Protective & Regulatory Services authorized
an independent economic study to be conducted.  The analysis
concluded that more than half of the centers would experience
significant cost increases.  Nevertheless, the Board adopted the
new minimum standards as proposed.  


PURPOSE

     H.B. 2506 makes three changes in the Dept. of Protective &
Regulatory Services statute for licensing child care facilities: 
(1)  cuts back on size of advisory committee from current 24 to
only 12 slotted positions; (2)  requires DPRS to comply with the
minimum standards for child-care facilities in existence on Sept.
1, 1985; and (3) requires DPRS to conduct a cost-benefit analysis
when considering changes to the minimum standards.  H.B. 2506 would
also call for legislative review of any proposed changes.


RULEMAKING AUTHORITY

It is the committee's opinion that H.B. 2506 does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.


SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 42.022, Human Resources Code, by
amending subsections (b) and (c) and adding subsection (h) as
follows:

(b)  Provides an expiration date of February 1 of each odd-numbered
year for two-year terms of members of child care standards advisory
committee.

(c)  Requires Board of Protective & Regulatory Services to appoint
a designated number (only twelve) of members to serve on the
advisory committee, and specifies that two persons must represent
each category listed.  

(h)  Requires Board to consider race, ethnicity, geographic area,
and age of residents when making appointments to the advisory
committee.

SECTION 2.  Amends Section 42.042, Human Resources Code, by
amending subsection (e) and adding new subsections (m), (n) and (o)
as follows:

(e)  Requires DPRS to promulgate minimum standards for licensed day
care facilities.

(m)  Requires DPRS to ensure that each child care facility
providing less than 24-hour per day care complies with minimum
standards relating to staff-to-child ratios, group sizes, and
square footage as those standards existed on September 1, 1985. 
Prohibits DPRS from adopting more stringent standards.

(n)  Within available appropriations, requires DPRS to conduct a
cost-benefit analysis and economic impact study prior to the
adoption of new minimum standards for child-care.  

(o)  Requires DPRS to submit any revisions for minimum standards
relating to child-care facilities to the appropriate legislative
committee for review and comment not later than 60 days before the
Board plans to adopt the revisions.

SECTION 3.  (a)  Allows current members of the advisory committee
to serve until a majority of the new members have been appointed by
the Board.

(b)  Requires the Board to appoint new members by Sept. 1, 1995, or
soon thereafter.  Terms of appointment would expire Feb. 1, 1997.

(c)  Changes from this Act relating to qualifications of members of
the advisory committee apply to persons appointed on or after the
Act's effective date.  

SECTION 4.  Repeals minimum standards for less than 24-hour child
care facilities that conflict with those existing on Sept. 1, 1985,
as of Sept. 1, 1995.

SECTION 5.  Effective date, September 1, 1995.

SECTION 6.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

     The substitute for H.B. 2506 combined three pieces of
legislation into one, adding to the original bill, calling for
fallback of minimum standards to the 1985 level, the restriction on
the size of the advisory committee and the requirement for a cost-benefit analysis before adopting revised minimum standards.  Other
technical corrections were also incorporated into the substitute.


SUMMARY OF COMMITTEE ACTION

     The Human Services Committee met in public hearing on April
10, 1995, and the Chairman laid out H.B. 2506, recognizing Rep.
Swinford to explain the bill.  The following witnesses testified
for H.B. 2506:

Dick McCallum, Dallas
Kenneth I. Harmon, Houston
Elaine McAfee, Mesquite
Sandra Merck, Abilene
Rafael Vargas, representing himself, Mrs. Irene's Christian Home
Day Care Center, and Penney's      Early Learning Center
Gene Little, Bedford
Linda Kostantenaco, Bulverde
Karla M. Cantu, representing herself and Gingerbread Academy, the
parents of this school, and   single parents
J. Sue Jones, Austin
Dorothy A. Johnson, Austin
Eileen Henney, San Antonio
John H. Heeney Jr., San Antonio
Diana Flowers, Garland
Randy Cole, Rowlett
Suellen Jean Little, Bedford
Ester Wynn, representing herself, Educare Learning Center, Inc.,
and 400 families they serve
Michael S. Hobble, Rockwall
Barbara Holloway, Mansfield
Bonnie Price, Houston
Kathy J. Eicher, Odessa
Dana Eicher-Myers, Odessa
Joy Adcock, Amarillo
Cindy Roberston, Canyon
Ken Hobble, Plano
Mya R. Johnson, representing herself and Little Lambs Child Care
Center
George E. (Ed) Terry, Denton
Max R. Taylor, Advance Child Care, Inc.
Kristi Martin, Fort Worth
Thomas McIntire, himself and Texas Licensed Child Care Association
(TLCCA)

The following witness testified as neutral on H.B. 2506:  Rita
Powell, Buda.  
The following witnesses testified against H.B. 2506:

Shannon Noble, Texas Women's Political Caucus
Pamela Wilder, Texas Association for Education of Young Children
(TAEYC)
Rose Lancaster, League of Women Voters of Texas
Sue G. McCormick, representing herself and TACYC
Linda Gray, Tolar
Karen Hughes, Houston
Phyllis Jack, representing herself and Corporate Champions
Robert J. McCormick, Dallas
Joshua Potts, Lipan
Delissa Slimp, Lipan
Carol Hale, representing herself and Panhandle Ass'n for the
Education of Young Children
Melanie Rubin, Dallas
Charlene S. Trochta, representing herself
Robin Mueller, Georgetown
Laverne A. Redwine, Austin
Loretta Redwine Robertson, Austin

Rep. Swinford closed on the bill and H.B. 2506 was left pending.

     In a formal meeting on April 19, the committee took up H.B.
2506 which had been pending.  The Chairman recognized Rep. Jones
who offered a committee substitute and an amendment eliminating the
fiscal note during this biennium.  Hearing no objection, the
amendment was adopted.  Rep. Jones moved adoption of the committee
substitute as amended.  The substitute for H.B. 2506 was adopted
without objection.  The Chairman instructed the clerk to
incorporate the amendment into the text of the substitute bill. 
The Chairman recognized Rep. Jones who moved to report H.B. 2506
favorably as substituted; Rep. Denny seconded.  The motion
prevailed by a record vote of 6 Ayes, 3 Nays, 0 PNV and 0 Absent.