1-1 By: West, Sims, Montford S.B. No. 1226
1-2 (In the Senate - Filed March 10, 1995; March 16, 1995, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 27, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 27, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1226 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to child-care facilities.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 42.022, Human Resources Code, is amended
1-13 by amending Subsections (b) and (c) and by adding Subsection (h) to
1-14 read as follows:
1-15 (b) Members of the committee serve for terms of two years
1-16 expiring on February 1 of each odd-numbered year.
1-17 (c) The <board shall appoint the> advisory committee is
1-18 composed of 12 members appointed by the board. The members must
1-19 have the following qualifications <to provide for balanced
1-20 representation for>:
1-21 (1) two must be parents, guardians, or custodians of
1-22 children who use the facilities;
1-23 (2) two must be representatives of child advocacy
1-24 groups;
1-25 (3) two must be operators of nonprofit child-care
1-26 <the> facilities that are licensed under this chapter;
1-27 (4) two must be experts in various professional fields
1-28 that are relevant to child care and development; <and>
1-29 (5) two must be members of the general public; and
1-30 (6) two must be operators of proprietary child-care
1-31 facilities that are licensed under this chapter.
1-32 (h) In making appointments to the committee, the board shall
1-33 consider whether the committee reflects the race, ethnicity, and
1-34 age of the residents of this state and whether the committee
1-35 provides representation of the geographic regions of the state.
1-36 SECTION 2. Section 42.042, Human Resources Code, is amended
1-37 by amending Subsection (e) and adding Subsections (m), (n), and (o)
1-38 to read as follows:
1-39 (e) The department shall promulgate minimum standards that
1-40 apply to licensed <for> child-care facilities covered by this
1-41 chapter and that will:
1-42 (1) promote the health, safety, and welfare of
1-43 children attending a facility;
1-44 (2) promote safe, comfortable, and healthy physical
1-45 facilities for children;
1-46 (3) ensure adequate supervision of children by
1-47 capable, qualified, and healthy personnel;
1-48 (4) ensure adequate and healthy food service where
1-49 food service is offered;
1-50 (5) prohibit racial discrimination by child-care
1-51 facilities; and
1-52 (6) require procedures for parental and guardian
1-53 consultation in the formulation of children's educational and
1-54 therapeutic programs.
1-55 (m) The department shall ensure that each child-care
1-56 facility that provides care for less than 24 hours a day complies
1-57 with the appropriate minimum standards relating to staff-child
1-58 ratios, group sizes, and square footage as those minimum standards
1-59 existed on September 1, 1985. The department may not enforce new
1-60 standards in relation to staff-child ratios, group sizes, or square
1-61 footage that are more stringent than the 1985 standards for those
1-62 facilities. This subsection expires September 1, 1997.
1-63 (n) In determining minimum standards for child-care
1-64 facilities that provide care for less than 24 hours a day, the
1-65 department shall, within available appropriations, conduct a
1-66 comprehensive cost-benefit analysis and economic impact study that
1-67 includes families and licensed child-care providers.
1-68 (o) Not later than the 60th day before the date the board
2-1 adopts a revision to the minimum standards for child-care
2-2 facilities, the department shall present the revision to the
2-3 appropriate legislative oversight committees that have jurisdiction
2-4 over child-care facilities for review and comment.
2-5 SECTION 3. (a) The terms of the current members of the
2-6 State Advisory Committee on Child-Care Administrators and
2-7 Facilities expire on the date on which a majority of the new
2-8 members have been appointed.
2-9 (b) On September 1, 1995, or as soon as possible after that
2-10 date, the Board of Protective and Regulatory Services shall appoint
2-11 new members to the advisory committee to accomplish the membership
2-12 plan for the advisory committee established by Subsection (c),
2-13 Section 42.022, Human Resources Code, as amended by this Act, for
2-14 terms expiring February 1, 1997.
2-15 (c) The changes in law made by this Act to the
2-16 qualifications of the members of the advisory committee apply only
2-17 to members appointed on or after the effective date of this Act.
2-18 SECTION 4. The Department of Protective and Regulatory
2-19 Services shall contract with a public or private entity to conduct
2-20 an independent comprehensive cost-benefit analysis and economic
2-21 impact study relating to staff-child ratios, group sizes, and
2-22 square footage requirements that are contained in any minimum
2-23 standards for child-care facilities that the Board of Protective
2-24 and Regulatory Services adopted in 1994. The Department of
2-25 Protective and Regulatory Services shall submit the report to the
2-26 governor, the lieutenant governor, the speaker of the house of
2-27 representatives, and the members of the 75th Legislature not later
2-28 than December 1, 1996.
2-29 SECTION 5. This Act takes effect September 1, 1995.
2-30 SECTION 6. The importance of this legislation and the
2-31 crowded condition of the calendars in both houses create an
2-32 emergency and an imperative public necessity that the
2-33 constitutional rule requiring bills to be read on three several
2-34 days in each house be suspended, and this rule is hereby suspended.
2-35 * * * * *