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