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.