SRC-CDH S.B. 1475 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1475
By: Shapiro
Health & Human Services
4-1-97
As Filed


DIGEST 

Currently, Texas child-care facilities are subject to duplicative
inspections by many levels of government, and the various inspecting
agencies are not required to coordinate activities or share inspection
data.  For example, the Department of Protective and Regulatory Services
(DPRS), the Texas Workforce Commission's Child Care Management System, the
Texas Department of Human Services' Federal Special Nutrition Program, and
city and county health departments all perform such inspections, leading
to inefficiencies for both the agencies and the child care facilities.
The Texas Performance Review's recommendation addresses these problems by
suggesting that DPRS be designated the lead agency for all inspections.
This legislation streamlines the child care facility inspection process by
requiring DPRS to coordinate inspection activities and share data to
eliminate redundancies and inefficiencies in the current process.    

PURPOSE

As proposed, S.B. 1475 provides for the inspection of child-care
facilities. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Department of Protective and
Regulatory Services in SECTION 1 (Section 42.0442(c), Human Resources
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 42C, Human Resources Code, by adding Sections
42.0441-42.0443, as follows: 

Sec. 42.0441.  INSPECTION RESULTS.  Requires the authorized representative
of the division designated by the Department of Protective and Regulatory
Services (DPRS) to carry out the provisions of this chapter (division),
immediately after completing an inspection of a child-care facility under
Section 42.044, to review the results with a representative of the
facility and give the facility an opportunity to respond. 

Sec. 42.0442.  COORDINATION OF INSPECTIONS; ELIMINATION OF DUPLICATIVE
INSPECTIONS.  Requires DPRS to coordinate child-care facility inspections
performed by an agency or subdivision of the state to eliminate redundant
inspections.  Prohibits an inspection  from duplicating an inspection
conducted by another agency or subdivision. Requires DPRS to assign items
that may be inspected by more than one agency or subdivision of the state
to only one agency or subdivision.  Sets forth the terms by which DPRS,
with the assistance of the comptroller, by rule, is required to adopt each
inspection form used in inspecting a facility. 

Sec. 42.0443.  INSPECTION INFORMATION DATABASE.  Sets forth the terms by
which DPRS is required to establish a computerized database containing the
information from each inspection.  

SECTION 2. Sets forth the terms by which, not later than January 1, 1998,
DPRS is required to establish a pilot program in a medium-sized city that
would allow a facility inspector in the field to perform certain
functions.  Requires DPRS to report to the legislature regarding the pilot
program's  effectiveness not later than January 15, 1999.  Provides that
this section expires September 1, 1999. 

SECTION 3. (a)  Effective date:  September 1, 1997.

(b)  Requires each agency or subdivision that inspects facilities to
submit a copy of the inspection form to DPRS not later than September 15,
1997. 

(c)  Requires DPRS to adopt the inspection forms not later than January 1,
1998. 

SECTION 4. Emergency clause.