74R11087 E
By Swinford, Davis, Johnson, Romo, H.B. No. 2506
Kubiak, et al.
Substitute the following for H.B. No. 2506:
By Jones of Dallas C.S.H.B. No. 2506
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to child-care facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 42.022, Human Resources Code, is amended
1-5 by amending Subsections (b) and (c) and adding Subsection (h) to
1-6 read as follows:
1-7 (b) Members of the committee serve for terms of two years
1-8 expiring on February 1 of each odd-numbered year.
1-9 (c) The <board shall appoint the> advisory committee is
1-10 composed of 12 members appointed by the board. The members must
1-11 have the following qualifications <to provide for balanced
1-12 representation for>:
1-13 (1) two must be parents, guardians, or custodians of
1-14 children who use the facilities;
1-15 (2) two must be representatives of child advocacy
1-16 groups;
1-17 (3) two must be operators of nonprofit child-care
1-18 <the> facilities that are licensed under this chapter;
1-19 (4) two must be experts in various professional fields
1-20 that are relevant to child care and development; <and>
1-21 (5) two must be members of the general public; and
1-22 (6) two must be operators of proprietary child-care
1-23 facilities that are licensed under this chapter.
1-24 (h) In making appointments to the committee, the board shall
2-1 consider whether the committee reflects the race, ethnicity, and
2-2 age of the residents of this state and whether the committee
2-3 provides representation of the geographic regions of the state.
2-4 SECTION 2. Section 42.042, Human Resources Code, is amended
2-5 by amending Subsection (e) and adding Subsections (m), (n), and (o)
2-6 to read as follows:
2-7 (e) The department shall promulgate minimum standards that
2-8 apply to licensed <for> child-care facilities covered by this
2-9 chapter and that will:
2-10 (1) promote the health, safety, and welfare of
2-11 children attending a facility;
2-12 (2) promote safe, comfortable, and healthy physical
2-13 facilities for children;
2-14 (3) ensure adequate supervision of children by
2-15 capable, qualified, and healthy personnel;
2-16 (4) ensure adequate and healthy food service where
2-17 food service is offered;
2-18 (5) prohibit racial discrimination by child-care
2-19 facilities; and
2-20 (6) require procedures for parental and guardian
2-21 consultation in the formulation of children's educational and
2-22 therapeutic programs.
2-23 (m) The department shall ensure that each child-care
2-24 facility that provides care for less than 24 hours a day complies
2-25 with the appropriate minimum standards relating to staff-child
2-26 ratios, group sizes, and square footage as those minimum standards
2-27 existed on September 1, 1985. The department may not adopt new
3-1 standards in relation to staff-child ratios, group sizes, or square
3-2 footage that are more stringent than the 1985 standards for those
3-3 facilities.
3-4 (n) In determining minimum standards for child-care
3-5 facilities that provide care for less than 24 hours a day, the
3-6 department shall, within available appropriations, conduct a
3-7 comprehensive cost-benefit analysis and economic impact study that
3-8 includes families and licensed child-care providers.
3-9 (o) Not later than the 60th day before the date the board
3-10 adopts a revision to the minimum standards for child-care
3-11 facilities, the department shall present the revision to the
3-12 appropriate legislative oversight committees that have jurisdiction
3-13 over child-care facilities for review and comment.
3-14 SECTION 3. (a) The terms of the current members of the
3-15 State Advisory Committee on Child-Care Administrators and
3-16 Facilities expire on the date on which a majority of the new
3-17 members have been appointed.
3-18 (b) On September 1, 1995, or as soon as possible after that
3-19 date, the Board of Protective and Regulatory Services shall appoint
3-20 new members to the advisory committee to accomplish the membership
3-21 plan for the advisory committee established by Section 42.022(c),
3-22 Human Resources Code, as amended by this Act, for terms expiring
3-23 February 1, 1997.
3-24 (c) The changes in law made by this Act to the
3-25 qualifications of the members of the advisory committee apply only
3-26 to members appointed on or after the effective date of this Act.
3-27 SECTION 4. Any facility minimum standards applicable to
4-1 child-care facilities that provide care for less than 24 hours a
4-2 day that relate to staff-child ratios, group sizes, or square
4-3 footage and that conflict with the minimum standards as they
4-4 existed on September 1, 1985, are repealed on September 1, 1995.
4-5 SECTION 5. This Act takes effect September 1, 1995.
4-6 SECTION 6. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.