BILL ANALYSIS



S.B. 1226
By: West (Swinford)
05-08-95
Committee Report (Amended)


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

     S.B. 1226 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.  S.B. 1226 would
also call for legislative review of any proposed changes.


RULEMAKING AUTHORITY

     It is the committee's opinion that S.B. 1226 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.


EXPLANATION OF AMENDMENTS

     Committee Amendment #1 by Rep. Denny struck the previous
Section 4 of S.B. 131, calling for a cost-benefit analysis, since
it added a fiscal note to the legislation.  In its place was
substituted a repealer of minimum standards relating to licensed
child care facilities in conflict with 1985 standards.


SUMMARY OF COMMITTEE ACTION

     On May 8, 1995, the Chairman laid out S.B. 1226 by Rep.
Swinford and explained the bill as similar to H.B. 2506 which the
committee had recently passed. The Chairman recognized Rep. Denny
who offered Committee Amendment No. 1 and explained its effect. 
Rep. Denny moved that Committee Amendment No. 1 be adopted and
hearing no objection, the amendment was adopted.  The Chairman
recognized Rep. Park to move that the committee report S.B. 1226
favorably as amended. The motion prevailed by a record vote of 5
Ayes, 2 Nays, 0 PNV, and 2 Absent.