SRC-AAA S.B. 1539 75(R)BILL ANALYSIS


Senate Research CenterS.B. 1539
By: West
Health & Human Services
4-28-97
Committee Report (Substituted)


DIGEST 

Currently, the Department of Protective and Regulatory Service
(department) licenses, certifies or registers various kinds of child care
services from registered family homes, and child care facilities to
residential facilities and institutions for 24-hour living arrangements.
This bill updates the regulatory provisions of Chapter 42 by changing many
references to the agency structure prior to regulatory functions moving to
the department. There are several phrases that are not the precise wording
used in the definitions section of the law. This bill "cleans up"
statutory language to reflect precise wording  used in the definitions
section of the law and clarifies other sections to clarify the types of
regulatory categories covered. 

PURPOSE

As proposed, C.S.S.B. 1539 regulates certain facilities, homes, and
agencies that provide child care services; regulates child care
administrators; and provides penalties 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Department of Protective and
Regulatory Services in SECTION 7 (Sections 42.052(h) and 42.057, Article
42C, and Section 42.072(d) Human Resources Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 42, Human Resources Code, as follows:

CHAPTER 42. New heading: REGULATION OF CERTAIN FACILITIES, HOMES, AND
AGENCIES THAT PROVIDE CHILD-CARE SERVICES

SECTION 2. Amends Section 42.001, Human Resources Code, as follows:

Sec. 42.001. PURPOSE.  Provides that the policy of the state is to protect
children receiving child-care services, rather than protecting children
under care in child-care facilities. Provides that this chapter ensures
protection of children in regulated child care services, rather than
facilities. 

SECTION 3. Amends Section 42.002, Human Resources Code, as follows:

Sec. 42.002. DEFINITIONS.  Redefines "child care facility," child care
institution," "foster group home," "foster home," "day-care center,"
"group day-care home," "family home," "agency foster group home," "agency
foster home," and "child-placing agency."  Defines "children who are
related to the caretaker," and "regular care."   

SECTION 4. Amends Sections 42.021(a) and (b), Human Resources Code, to
authorize the Department of Protective and Regulatory Services
(department) to designate a division within the department to carry out
the responsibilities under this chapter. Requires the executive director
of the department (director) to appoint as the director of a division
designated under Subsection (a) a person who meets certain qualifications.
Deletes provisions relating to qualifications.  Makes conforming and
nonsubstantive changes. 
 
SECTION 5. Amends Sections 42.022(d)-(f), Human Resources Code, to make
conforming changes. 

SECTION 6. Amends Sections 42.023(a) and (b), Human Resources Code, to
make conforming changes. 

SECTION 7. Amends Chapters 42C and D, Human Resources Code, as follows:

SUBCHAPTER C. New heading: REGULATION OF CERTAIN FACILITIES, 
HOMES, AND AGENCIES

Sec. 42.041. REQUIRED LICENSE. Prohibits a person from operating a
child-care facility or child-placing service without a license issued by
the department, rather than the division. Provides that this section does
not apply to an agency foster home; agency foster group home; a facility
licensed, operated, certified, or registered by another agency, rather
than a hospital licensed by certain agencies; a family home, whether or
not registered as required by Section 42.052 or not; an emergency shelter
under Section 32.201, rather than Section 35.05, Family Code; certain
other correctional facilities for children; and certain recreational
facilities for children.  Deletes Subdivision (12).  Deletes a Subsection
(d),  related to applying for a division license. Makes conforming
changes. 

Sec. 42.042. RULES AND STANDARDS.  Sets forth the beginning of the
six-year period for review of rules.  Deletes a provision related to a
standard form of recording complaints. Requires the department to
promulgate standards that apply to registered child-care facilities
regulated under this chapter that will prevent breakdown of foster care
and adoptive placement and prescribe qualifications for a person who
operates a regulated facility. Requires the department to recognize
differences in the organizations and operation of childcare facilities and
institutions.  Authorizes the department to recognize types of services
provided by  certain facilities. Requires the department to address
minimum qualifications, education, and training required by a person who
operates a family home registered with the department, in promulgating
minimum standards for the regulation of family homes that register with
the department. Deletes a provision related to types of services. Deletes
existing Subsections (h), (l), and (m).  Makes conforming changes.  

Sec. 42.043. RULES FOR IMMUNIZATIONS.  Requires the department to make
rules for the immunization of children in facilities regulated under this
chapter.  Requires the department to require children to be tested for and
immunized against other communicable diseases as recommended by the Texas
Department of Health.   

Sec. 42.044. INSPECTIONS. Require the department to notify the operator of
the registered family home when complaints are registered.  Makes
conforming changes. 

Sec. 42.045. RECORDS.  Requires a person who provides adoption services
pursuant to a child-placing agency license to furnish certain information.
Deletes a provision regarding annual audits. 

Sec. 42.046. New heading: APPLICATION FOR LICENSE OR REGISTRATION.
Requires an applicant for registration to submit certain information.
Deletes a provision regarding Section 42.054 of this code.  Makes
conforming changes.  
 
Sec. 42.047. CONSULTATIONS.  Requires the department to offer to potential
applicants consultation on registration and to users of child care
facilities. Makes a conforming change.  

Sec. 42.048. LICENSING.  Makes conforming changes. 

Sec. 42.049. LIABILITY INSURANCE REQUIRED. Makes conforming changes. 
 
Sec. 42.050. LICENSE RENEWAL.  Makes conforming and nonsubstantive changes.

 Sec. 42.051. PROVISIONAL LICENSE.  Provides that a provisional license
may be renewed for an additional six months, rather than being
nonrenewable.  Makes a conforming change.  

Sec. 42.052. CERTIFICATION AND REGISTRATION.  Authorizes a family home
that provides care for three or fewer children excluding children related
to the caretaker, rather than the caretaker's own children, to register
with the department, rather than the division. Sets forth who is not
required to register.  Provides that registration is not required of the
Texas Youth Commission, rather than Council, or the Texas Youth
Commission.  Amends a provision required in public advertisements.
Requires the department, by rule, to provide for the denial  of an
application or renewal for registering a family home or is authorized to
revoke a family home's registration based on certain background checks.
Makes conforming changes. 

Sec. 42.053. New heading: AGENCY FOSTER HOMES AND AGENCY FOSTER GROUP
HOMES.   Provides that an agency foster home or agency foster group home
is considered part of the child-placing agency that operates the agency
foster home or agency foster group home for purposes of licensing.  Makes
conforming changes. 

Sec. 42.054. FEES.  Requires the department to charge an applicant.
Requires the department to charge each licensed child-care facility.
Provides that the fee is due on the date on which the department issues
the child-care facility's initial license. Deletes existing section. Makes
conforming and nonsubstantive changes. 

Sec. 42.055. SIGN POSTING.  Deletes text regarding use fees. Redesignated
from existing Section 42.056. Makes conforming and nonsubstantive changes. 

Sec. 42.056. REQUIRED BACKGROUND AND CRIMINAL HISTORY CHECKS.  Sets forth
requirements regarding background and criminal history checks.  Requires
the department, by rule, to require a facility to pay certain fees. 

SUBCHAPTER D. REMEDIES

Sec. 42.071. New heading: SUSPENSION, EVALUATION, OR PROBATION OF LICENSE
OR REGISTRATION. Authorizes the department to suspend a facility's license
or a family home's registration for a definite period rather than deny or
revoke the license or registration if the department finds repeated
noncompliance with standards that do not endanger the health and safety of
children. Sets forth requirements to qualify for license or registration
suspension. Makes conforming and nonsubstantive changes. 

Sec. 42.072. New heading: LICENSE OR REGISTRATION DENIAL, SUSPENSION, OR
REVOCATION. Authorizes the department to suspend, deny, revoke, or refuse
to renew a license, registration, or certification of approval of a
facility or family home in certain situations.  Authorizes the department
to revoke the probation of a person whose license or registration is
suspended if the person violates a term of the conditions of probation.
Entitles a person to a hearing, if the department proposes to take action
under Subsection (a).  Sets forth the rules and procedures for a hearing
under this section.  Deletes a provision regarding notification. Deletes
existing Subsections (c)-(g).  Authorizes the department, by rule to
provide for the denial or renewal for a licensed facility. Makes
conforming changes.  
 
Sec. 42.073. New heading: EMERGENCY SUSPENSION AND CLOSURE OF A FACILITY
OR FAMILY HOME. Deletes  a provision regarding placing children. Makes
conforming and nonsubstantive changes.  

Sec. 42.074. INJUNCTIVE RELIEF. Sets forth remedies and requirements for
appeal. Makes conforming and nonsubstantive changes.  

Sec. 42.075. CIVIL PENALTY.  Sets forth a penalty for placing an
advertisement for an unregistered family home. Makes a conforming change.  

 Sec. 42.076. CRIMINAL PENALTIES. Provides that a person commits a Class B
misdemeanor if the person operates a family home without registration.
Deletes existing Subsection (c). Makes a conforming change.  

Sec. 42.077. NOTICE OF ACTION AGAINST FACILITY OR FAMILY HOME. Sets forth
requirements for notice of action against a facility or a family home,
including payment for the notice. Make conforming changes.  

SECTION 8. Amends  Section 43.012, Human Resources Code, to delete text
regarding the amount of a fine. 

SECTION 9. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 10. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 2.

Amends Section 42.001, Human Resources Code, to provide that the policy of
the state is to protect children receiving child-care services, rather
than protecting children under care in child-care facilities. 

SECTION 3.

Amends Section 42.002, Human Resources Code,  Redefines "child-care
facility," "family home," and "agency foster group home." Defines "regular
care." 

SECTION 4. 

Amends Sections 42.021(a) and (b), Human Resources Code, to authorize the
department to designate a division within the department to carry out the
responsibilities under this chapter. Makes conforming and nonsubstantive
changes. 

SECTION 5.

Amends Sections 42.022(d)-(f), Human Resources Code, to make conforming
changes. 

SECTION 6.

Amends Sections 42.023(a) and (b), Human Resources Code, to make
conforming changes. 

SECTION 7.

Amends Section 42.041, Human Resources Code, to provide that this section
does not apply to certain schools accredited by the Texas Education
Agency, rather than Central Education Agency. Deletes proposed Subdivision
(8).  Makes conforming and nonsubstantive changes. 

Amends Section 42.042, Human Resources Code, to require the department to
address minimum qualifications, education, and training required by a
person who operates a family home registered with the department, in
promulgating minimum standards for the regulation of family homes that
register with the department. Makes conforming changes. 

Amends Section 42.044,  Human Resources Code, to make conforming changes.

Amends Section 42.046, Human Resources Code, to provide for an application
for license or registration. 

 Amends Section 42.047,  Human Resources Code, to make conforming changes.

Deletes Section 42.048.  

Amends Section 42.050, Human Resources Code, to make conforming and
nonsubstantive changes. 

Amends Section 42.052, Human Resources Code, to make conforming changes.

Amends Section 42.052, Human Resources Code, to provide that the
certification requirements do not apply to a facility providing services
solely for the Texas Youth Commission. 

Deletes Section 42.054. Amends Section 42.054, Human Resources Code, to
require the department to charge an applicant. Requires the department  to
charge each licensed childcare facility.  Provides that the fee is due on
the date on which the department issues the child-care facility's initial
license. Makes conforming and nonsubstantive changes. 

Deletes existing Section 42.055, Human Resources Code. Redesignates
Sections 42.056 and 42.057 as 42.055 and 42.056. 

Amends Section 42.056, Human Resources Code,  to make conforming and
nonsubstantive changes. 

Amends Section 42.071, Human Resources Code, to provide for a new heading:
SUSPENSION, EVALUATION, OR PROBATION OR LICENSE OR REGISTRATION.  
Authorizes the department to suspend a facility's license or a family
home's registration for a definite period rather than deny or revoke the
license or registration if the department finds repeated noncompliance
with standards that do not endanger the health and safety of children.
Sets forth requirements to qualify for license or registration suspension.
Makes conforming and nonsubstantive changes. 

Amends Section 42.072, Human Resources, to provide for a new heading:
LICENSE OR REGISTRATION DENIAL, SUSPENSION, OR REVOCATION. Authorizes the
department to suspend, deny, revoke, or refuse to renew a license,
registration, or certification of approval of a facility or family home in
certain situations.  Authorizes the department to revoke the probation of
a person whose license or registration is suspended if the person violates
a term of the conditions of probation. Entitles a person to a hearing, if
the department proposes to take action under Subsection (a).  Sets forth
the rules and procedures for a hearing under this section.  Deletes a
provision regarding notification. Deletes existing Subsections (c)-(g).
Authorizes the department, by rule, to provide for the denial or renewal
for a licensed facility. Makes conforming changes.  
 

Amends Section 42.073, Human Resources Code, to provide for a new heading:
EMERGENCY SUSPENSION AND CLOSURE OF A FACILITY OR FAMILY HOME. Makes
conforming and nonsubstantive changes. 

Amends Section 42.074, Human Resources Code, to make conforming and
nonsubstantive changes. 

Amends Section 42.075, Human Resources Code, to make a conforming change.

Amends Section 42.076, Human Resources Code, to provide that a person
commits a Class B misdemeanor if the person operates a family home without
registration. Deletes existing Subsection (c). Makes conforming changes. 

Amends Section 42.077, Human Resources Code, Sets forth requirements for
notice of action against a facility or a family home, including payment
for the notice. Makes conforming changes.  
 
Deletes Section 43.001, Human Resources Code.

SECTIONS 7, 8, and 9.

Redesignates SECTIONS 7, 8, and 9 as SECTIONS 8, 9, and 10.