By: West, Sims, Montford S.B. No. 1226
A BILL TO BE ENTITLED
AN ACT
1-1 relating to child-care facilities.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 42.022, Human Resources Code, is amended
1-4 by amending Subsections (b) and (c) and by adding Subsection (h) to
1-5 read as follows:
1-6 (b) Members of the committee serve for terms of two years
1-7 expiring on February 1 of each odd-numbered year.
1-8 (c) The <board shall appoint the> advisory committee is
1-9 composed of 12 members appointed by the board. The members must
1-10 have the following qualifications <to provide for balanced
1-11 representation for>:
1-12 (1) two must be parents, guardians, or custodians of
1-13 children who use the facilities;
1-14 (2) two must be representatives of child advocacy
1-15 groups;
1-16 (3) two must be operators of nonprofit child-care
1-17 <the> facilities that are licensed under this chapter;
1-18 (4) two must be experts in various professional fields
1-19 that are relevant to child care and development; <and>
1-20 (5) two must be members of the general public; and
1-21 (6) two must be operators of proprietary child-care
1-22 facilities that are licensed under this chapter.
1-23 (h) In making appointments to the committee, the board shall
1-24 consider whether the committee reflects the race, ethnicity, and
2-1 age of the residents of this state and whether the committee
2-2 provides representation of the geographic regions of the state.
2-3 SECTION 2. Section 42.042, Human Resources Code, is amended
2-4 by amending Subsection (e) and by adding Subsections (m), (n), and
2-5 (o) to read as follows:
2-6 (e) The department shall promulgate minimum standards that
2-7 apply to licensed <for> child-care facilities covered by this
2-8 chapter and that will:
2-9 (1) promote the health, safety, and welfare of
2-10 children attending a facility;
2-11 (2) promote safe, comfortable, and healthy physical
2-12 facilities for children;
2-13 (3) ensure adequate supervision of children by
2-14 capable, qualified, and healthy personnel;
2-15 (4) ensure adequate and healthy food service where
2-16 food service is offered;
2-17 (5) prohibit racial discrimination by child-care
2-18 facilities; and
2-19 (6) require procedures for parental and guardian
2-20 consultation in the formulation of children's educational and
2-21 therapeutic programs.
2-22 (m) The department shall ensure that each child-care
2-23 facility that provides care for less than 24 hours a day complies
2-24 with the appropriate minimum standards relating to staff-child
2-25 ratios, group sizes, and square footage as those minimum standards
2-26 existed on September 1, 1985. The department may not enforce new
2-27 standards in relation to staff-child ratios, group sizes, or square
3-1 footage that are more stringent than the 1985 standards for those
3-2 facilities. This subsection expires September 1, 1997.
3-3 (n) In determining minimum standards for child-care
3-4 facilities that provide care for less than 24 hours a day, the
3-5 department shall, within available appropriations, conduct a
3-6 comprehensive cost-benefit analysis and economic impact study that
3-7 includes families and licensed child-care providers.
3-8 (o) Not later than the 60th day before the date the board
3-9 adopts a revision to the minimum standards for child-care
3-10 facilities, the department shall present the revision to the
3-11 appropriate legislative oversight committees that have jurisdiction
3-12 over child-care facilities for review and comment.
3-13 SECTION 3. (a) The terms of the current members of the
3-14 State Advisory Committee on Child-Care Administrators and
3-15 Facilities expire on the date on which a majority of the new
3-16 members have been appointed.
3-17 (b) On September 1, 1995, or as soon as possible after that
3-18 date, the Board of Protective and Regulatory Services shall appoint
3-19 new members to the advisory committee to accomplish the membership
3-20 plan for the advisory committee established by Subsection (c),
3-21 Section 42.022, Human Resources Code, as amended by this Act, for
3-22 terms expiring February 1, 1997.
3-23 (c) The changes in law made by this Act to the
3-24 qualifications of the members of the advisory committee apply only
3-25 to members appointed on or after the effective date of this Act.
3-26 SECTION 4. The Department of Protective and Regulatory
3-27 Services shall contract with a public or private entity to conduct
4-1 an independent comprehensive cost-benefit analysis and economic
4-2 impact study relating to staff-child ratios, group sizes, and
4-3 square footage requirements that are contained in any minimum
4-4 standards for child-care facilities that the Board of Protective
4-5 and Regulatory Services adopted in 1994. The Department of
4-6 Protective and Regulatory Services shall submit the report to the
4-7 governor, the lieutenant governor, the speaker of the house of
4-8 representatives, and the members of the 75th Legislature not later
4-9 than December 1, 1996.
4-10 SECTION 5. This Act takes effect September 1, 1995.
4-11 SECTION 6. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.
4-16 COMMITTEE AMENDMENT NO. 1
4-17 SB 1226 is amended as follows:
4-18 Delete SECTION 4 and insert the following:
4-19 SECTION 4. Any facility minimum standards applicable to
4-20 child-care facilities that provide care for less than 24 hours a
4-21 day that relate to staff-child ratios, group sizes, or square
4-22 footage and that conflict with the minimum standards as they
4-23 existed on September 1, 1985, are repealed on September 1, 1995.
4-24 Denny