CLC H.B. 2875 75(R)BILL ANALYSIS

HUMAN SERVICES
H.B. 2875 (Substituted)
By:  Greenberg (Maxey)
4-16-97


BACKGROUND

The Department of Protective and Regulatory Services (DPRS) requires that
child care workers and operators of child care facilities bear the expense
of the training.  DPRS rules and Committee Report (Substituted) Therefore,
some child care facility owners may pay to have a worker receive the same
training that they have recently received from a prior employer.  This
creates a burdensome situation for the owner, who has to pay for the
training and the worker who may have to receive the training outside of
normal business hours. 

PURPOSE

This bill clearly establishes that DPRS shall develop rules prescribing
the minimum training standards for child care workers. The bill requires
DPRS to assist owners of child care facilities by making training
materials and information about helping in the application for training
funds from other agencies available at local DPRS offices. Additionally,
the bill prohibits DPRS from requiring child care workers to repeat
training they have received within the time period specified by DPRS'
rule. 

RULEMAKING AUTHORITY

House Bill 2875 grants the Department of Protective and Regulatory
Services rulemaking authority under SECTION 1 in Section 42.042(p). 

SECTION BY SECTION ANALYSIS

SECTION 1

Amends Section 42.042, Human Resources Code, by adding new Subsection (p).

Section 42.042 (p) requires the Department of Protective and Regulatory
Services to make rules prescribing the minimum training standards for
persons employed in regulated child care facilities including the time
required for completing the training. States that DPRS may not mandate the
employee to repeat the required training if the employee has received the
required training within the time period specified by DPRS rules.
Requires DPRS's local offices to make the following materials available at
their local offices: 1) a copy of the rules regarding minimum training
standards, 2) information enabling the owner or operator of a regulated
facility to  apply for training funds from other agencies to lower
facility costs, and 3) any other materials that DPRS may develop to assist
the owner or operator or other entity in providing the training.  

SECTION 2

Emergency Clause.  Effective Date: upon passage of the bill.


COMPARISON OF ORIGINAL TO SUBSTITUTE


SECTION 1

C.S.H.B. 2875 adds a new Subsection (p) to Section 42.042, Human Resources
Code which is renumbered from new Subsection 42.042(m) from H.B. 2875, as
introduced with the following  changes. 

The substitute directs the department to prescribe the time required for
completing training. 

Deletes the following sentences from SECTION 1, Section 42.042 (m) of H.B.
2875, as introduced: 

"The department shall assist owners and operators of child care facilities
in providing the required training by offering training materials
developed by the department to the facilities, training institutions or
such other providers who would deliver the required training.  The
development and dissemination of the training materials shall be at the
department's cost. Further, the department shall assist facilities
applying for training funds from other agencies in order to lower the cost
of training to the facility owners ad operators." 


Adds the following sentences to SECTION 1, Section 42.042(p) to C.S.H.B.
2875, as substituted: 

"The department's local offices shall make available at the local office
locations a copy of the rules regarding minimum training standards,
information enabling the owner or operator of a regulated facility to
apply for training funds from other agencies to lower facility costs, and
any other materials the department may develop to assist the owner or
operator or other entity in providing the training."