SRC-SLL H.B. 2482 75(R)BILL ANALYSIS


Senate Research CenterH.B. 2482
By: Smithee (Sibley)
Health & Human Services
5-16-97
Committee Report (Amended)


DIGEST 

Currently, certain child-care facilities and child-placing agencies are
required to obtain a license under Chapter 42C, Human Resources Code, from
the Department of Protective and Regulatory Services (DPRS) in order to
legally operate a facility or agency in the State of Texas.  Many
religious social ministries operate child-care facilities and
child-placing agencies.  These include day-care centers, maternity homes,
foster homes, emergency shelters, family homes, halfway houses, and other
facilities.  Some of these ministries complain that state licensing
standards are injurious to the religious independence and character of
their services and are meddlesome.  Some non-religious groups believe that
the state regulations are burdensome and intrusive to their mission and
goals. Many would-be social providers who, as a matter of principle,
oppose the idea of state licensure, stay uninvolved in the social services
arena.  This bill would require DPRS to establish a streamlined procedure
by which DPRS authorizes a child-care facility or child-placing agency,
that is otherwise required to obtain a license, to operate a facility or
agency without a license if the facility or agency is accredited by an
accreditation organization approved by DPRS.  Additionally, this bill
would clarify and expand existing statutory language protecting the
religious freedom of schools or childcare facilities sponsored by a
religious organization.  
  
PURPOSE

As proposed, H.B. 2482 requires the Department of Protective and
Regulatory Services to establish a streamlined procedure by which DPRS
authorizes a child-care facility or child-placing agency, that is
otherwise required to obtain a license, to operate the facility or agency
without a license if the facility or agency is accredited by an
accreditation organization approved by DPRS.  Additionally, this bill
clarifies and expands existing statutory language protecting the religious
freedom of schools or child-care facilities sponsored by a religious
organization.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Department of Regulatory and
Protective Services under SECTION 1 (Sections 42.101, 42.105(b), and
42.109(b), Human Resources Code) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 42, Human Resources Code, by adding Subchapter
E, as follows: 

SUBCHAPTER E.  ACCREDITATION OF CHILD-CARE FACILITIES AND
CHILD-PLACING AGENCIES

Sec. 42.101.  ALTERNATIVE ACCREDITATION PROGRAM.  Requires the Department
of Protective and Regulatory Services (DPRS) to establish a streamlined
procedure by which DPRS authorizes a child-care facility or child-placing
agency that is otherwise required to obtain a license under Subchapter C
to operate the facility or agency without a license if the facility or
agency is accredited by an accreditation organization approved by DPRS.  

Sec. 42.102.  ACCREDITATION ORGANIZATION.  Requires an accreditation
organization, to qualify for approval by DPRS under Section 42.101, to
meet certain criteria. Requires an accreditation organization to file a
copy of its minimum standards for child-care facilities or child-placing
agencies with DPRS to enable DPRS to make its determination  under
Subsection (a).  

Sec. 42.103.  APPROVED ACCREDITATION ORGANIZATION.  Requires DPRS to
approve an accreditation organization under this subchapter if DPRS
determines that the accreditation organization has satisfied the
requirements prescribed by this subchapter. Provides that an approval
granted by DPRS under this section is valid for one year.  Requires DPRS
to prescribe an annual renewal procedure for an approved accreditation
organization that ensures continued compliance with this subchapter.
Authorizes DPRS to use the remedies specified in Subchapter D to address
exigent situations in which an approved accreditation organizations does
not timely correct an action that endangers the health and safety of
children. 

Sec. 42.104. REGISTRATION TO OPERATE UNDER ACCREDITATION.  Authorizes a
child-care facility or child-placing agency that is accredited by an
approved accreditation organization to apply with DPRS for approval to
operate under that accreditation by filing certain items.  Authorizes DPRS
to charge a registrant a single administration fee in a reasonable amount
that is sufficient to cover the costs of DPRS in processing and acting on
the application.  Requires DPRS to process and act on a registration not
later than the 30th day after the date on which DPRS receives all of the
required information. 

Sec. 42.105.  BACKGROUND AND CRIMINAL HISTORY CHECKS. Requires an approved
accreditation organization to conduct background and criminal history
checks on certain persons.  Authorizes DPRS, by rule, to provide for not
issuing or not renewing a certificate to operate under accreditation or to
revoke the certificate based on the results of a background or criminal
history check conducted by DPRS.   

Sec. 42.106.  ACCEPTANCE OF ACCREDITATION INSTEAD OF LICENSE.  Requires
DPRS to issue a certificate of approval to operate under accreditation to
an applicant under certain conditions.  Provides that a certificate issued
under this section is not transferrable and applies only to the operator
stated in the application.  Provides that a certificate is valid for one
year. 

Sec. 42.107.  RENEWAL OF CERTIFICATE.  Requires DPRS to provide for an
annual renewal of a certificate issued to an operator of a child-care
facility or child-placing agency under Section 42.106.  Requires DPRS to
renew the certificate if the child-care facility or child-placing agency
maintains accreditation from the approved accreditation organization.  

Sec. 42.108.  NOTIFICATION OF REVOCATION OR WITHDRAWAL OF ACCREDITATION.
Requires the approved accreditation organization to notify DPRS of the
revocation or withdrawal of an accreditation of a child-care facility or
child-placing agency within a certain time period.   

Sec. 42.109.  REVOCATION OR WITHDRAWAL OF APPROVAL TO OPERATE UNDER
ACCREDITATION.  Prohibits a holder of a certificate issued under Section
42.106 from operating a child-care facility or child-care placing agency
if an accreditation organization has revoked or withdrawn the
accreditation of the facility or agency, unless DPRS grants the holder a
license under Subchapter C or a provisional license.  Authorizes DPRS to
adopt rules as necessary to implement this section. 

Sec. 42.110.  AUTHORITY TO CONDUCT LIMITED INSPECTIONS. Sets forth
regulations regarding DPRS' authority to conduct limited inspections of a
child-care facility or child-placing agency. 

Sec.  42.111.  EMERGENCY SUSPENSION OF CHILD-CARE FACILITY OR CHILDPLACING
AGENCY.  Sets forth regulations regarding the emergency suspension of a
certificate of a child-care facility or child-placing agency. 

SECTION 2. Amends Section 42.001, Human Resources Code, to provide that
the purpose of this chapter is to protect the health, safety, and
well-being of the children of the state who reside in childcare facilities
by, among other items, requiring child-care facilities to be regulated by
alternative accreditation bodies.  Provides that with respect to a school
or child-care facility sponsored by a religious organization, nothing in
this chapter gives a governmental agency authority to regulate, control,
supervise, or in any way be involved in the form, manner, or content of
religious instruction, ministry, teaching, or the curriculum offered by
the school or facility; the ability of the school or facility to select
and supervise qualified personnel, and otherwise control the terms of
employment, including the right to employ individuals who share the
religious views of the school or facility; the internal self-governance
and autonomy of the school or facility; or the religious environment of
the school or facility, such as a symbols, art, icons, and scripture.
Makes conforming changes.   

SECTION 3. Amends the heading of Section 42.041, Human Resources Code, as
follows:  

Sec. 42.041.  New heading:  REQUIRED LICENSE OR ACCREDITATION.

SECTION 4. Amends Sections 42.041(a) and (d), Human Resources Code, to
provide that no person may person to operate a child-care facility or
child-placing agency without a license issued by the division or a
certificate to operate under accreditation issued by DPRS under Subchapter
E. Makes a conforming change. 

SECTION 5. Amends Section 42.076(a), Human Resources Code, to provide that
a person commits a Class B misdemeanor if the person operates a day-care
facility or child-placing agency without a license or certificate to
operate under accreditation under Subchapter E. 

SECTION 6. Amends Section 43.003, Human Resources Code, as follows: 

Sec. 43.003.  New heading:  LICENSE OR ACCREDITATION REQUIRED.  Authorizes
a person to serve as the child-care administrator of a child-care facility
if the person is accredited by a private organization that has
qualifications that apply to the child-care administrators and that meet
or exceed the state's minimum standards, as determined by DPRS, with the
exception of those qualifications relating to the internal self-governance
of the child-care institution and to the curriculum, teaching, or
instruction of the institution. Provides that this subsection applies only
to a child-care institution that operates under a certificate to operate
under accreditation issued by DPRS under Chapter 42E. Makes conforming and
nonsubstantive changes. 

SECTION 7. Amends Section 411.114(a)(2), Government Code, to entitle DPRS
to obtain from the Department of Public Safety criminal history record
information maintained by DPRS that relates to a person who, among other
options, registers with or has been issued a certificate to operate under
accreditation by DPRS under Chapter 42E, Human Resources Code; a
child-care facility or childplacing agency that is seeking to register
with or has been issued a certificate to operate under accreditation by
DPRS under Chapter 42E, Human Resources Code; an operator of a child-care
facility or child-placing agency that is seeking to register with or has
been issued a certificate to operate under accreditation by DPRS under
Chapter 42E, Human Resources Code, subject to Section 42.105, Human
Resources Code; or a child-care administrator seeking accreditation as
provided by Section 43.003, Human Resources Code. 

SECTION 8. (a) Effective date: September 1, 1997.

(b)  Requires DPRS to adopt rules under this Act not later than March 1,
1998. 

SECTION 9. Emergency clause.



SUMMARY OF COMMITTEE CHANGES

Amendment 1.

(1) On page 2, line 4, strike "and".
 
(2) On page 2, line 5, insert the following between "(2)" and
"demonstrate": 

not have any person serve as a member of the governing body of the
accrediting organization who has a proprietary or financial interest in a
child care facility or childplacing agency that is accredited by the
accrediting organization; and 

(3)