BILL ANALYSIS



S.B. 212
By: Nelson (Marchant)
05-01-95
Committee Report (Amended)


BACKGROUND

     Many Texas cities provide after school programs for
elementary-aged children who, without such programs, would have no
supervised activities between the end of the school day and
parents' return home from work.  These youth recreational programs
are supervised by city employees and offer a wide array of
activities for children in city-owned buildings as well as school
facilities.  Youth recreational programs range from after school
programs and summer day camps to programs on school holidays and
teacher in-service days.

     The Department of Protective & Regulatory Services has
determined that youth recreational programs fall within the purview
of the agency's child-care licensing statute and, as such, must
meet all licensing requirements.  This determination would require
facilities to provide secure storage bins for each child and
install additional restrooms and telephones, among other more
stringent requirements adhered to by full day child-care centers,
even though these programs provide care on a drop-in basis and
often using facilities meeting standards for school use by the same
children during the day.

     At least thirteen types of facilities are already exempted
from child-care licensing requirements, including state-operated
facilities, accredited schools, programs operated for short periods
while parents are attending religious services, shopping or
engaging in other activities, and emergency shelters among others.


PURPOSE

     S.B. 212 seeks to exempt youth recreational programs operated
by municipalities from the child-care licensing requirements of the
Dept. of Protective & Regulatory Services, as long as other locally
adopted facility health and safety standards are met.


RULEMAKING AUTHORITY

     It is the committee's opinion that S.B. 212 does not grant any
additional rulemaking authority to a state officer, department,
institution, or agency.


SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 42.041(b), Human Resources Code, by
adding a new subsection (14), which adds an additional program to
the list of exemptions from licensing requirements, as follows:

(14)  recreational programs for school-aged children operated by
municipalities provided that the governing body annually adopts
standards of care by ordinance after a public hearing.  A copy of
the standards must be provided to each parent and parents must be
informed that the program does not hold a state license as a child-care facility.  The program may not be advertised as a child-care
facility.  Standards of care must include staffing ratios and
qualifications, health and safety standards, and methods by which
to monitor and enforce such standards.

SECTION 2. Effective date, September 1, 1995.

SECTION 3. Emergency clause.

EXPLANATION OF AMENDMENTS

     Committee Amendment No. 1 expanded on the original bill's
language by clarifying that in order to be exempt from licensing
requirements, youth recreational programs must meet standards of
care adopted by municipal ordinance and must include minimum
staffing ratios, staff qualifications, and health and safety
standards.


SUMMARY OF COMMITTEE ACTION

     In a formal meeting on May 1, 1995, the Chairman laid out S.B.
212 by Rep. Marchant and explained the bill.  Rep. Park offered
Committee Amendment No. 1, clarifying the standards municipally
operated youth recreational programs must meet, and moved adoption. 
Hearing no objection, the amendment was adopted.  Rep. Park moved
to report S.B. 212 favorably as amended and send the bill to the
Committee on Local & Consent Calendars.  The motion prevailed by a
record vote of 7 Ayes, 0 Nays, 0 PNV, and 2 Absent.