BILL ANALYSIS



S.B. 805
By: Gallegos (Farrar)
05-08-95
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. 805 would expand the list of entities exempted from
child-care licensing requirements to include youth camps operated
by a nonprofit organization in the city of Houston and by
incorporated municipalities.


RULEMAKING AUTHORITY

     It is the committee's opinion that S.B. 805 does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.


SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 42.041(b), Human Resources Code, by
adding new subsections (14) and (15) as follows:

     (14)  Exempts from licensing requirements an annual youth
     camp, in a municipality of more than 1.5 million people, that
     operates for not more than three months and that has been
     operated for at least 10 years by a nonprofit organization
     providing care to the homeless; and
     
     (15)  Exempts from licensing requirements facilites or
     programs operated by incorporated municipalities.
     
SECTION 2. Effective date, September 1, 1995.

SECTION 3. Emergency clause.


EXPLANATION OF AMENDMENTS

     Committee Amendment #1 by Naishtat added an additional
exemption to the list for facilities or programs operated by
incorporated municipalities.


SUMMARY OF COMMITTEE ACTION

     In a formal meeting on May 8, 1995, the Chairman laid out S.B.
805 by Rep. Farrar and asked Rep. Maxey to explain the bill.  Rep.
Naishtat offered Committee Amendment No. 1, explained the change,
and moved adoption.  Hearing no objection, Committee Amendment No.
1 was adopted.  The Chairman recognized Rep. Maxey who moved that
the committee report S.B. 805 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.