By Naishtat H.B. No. 2076
75R2664 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to inspection and rating of child-care facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
1-5 is amended by adding Sections 42.0441-42.0444 to read as follows:
1-6 Sec. 42.0441. INSPECTION RESULTS. Immediately after
1-7 completing an inspection of a child-care facility under Section
1-8 42.044, the authorized representative of the division shall review
1-9 the results of the inspection with a representative of the facility
1-10 and give the facility an opportunity to respond to the inspection
1-11 results.
1-12 Sec. 42.0442. COORDINATION OF INSPECTIONS; ELIMINATION OF
1-13 DUPLICATIVE INSPECTIONS. (a) The department shall coordinate
1-14 child-care facility inspections performed by an agency or
1-15 subdivision of the state to eliminate redundant inspections.
1-16 (b) An inspection of a child-care facility conducted by an
1-17 agency or subdivision of the state may not duplicate an inspection
1-18 conducted by another agency or subdivision. The department shall
1-19 assign items that may be inspected by more than one agency or
1-20 subdivision of the state to only one agency or subdivision.
1-21 (c) The department, with the assistance of the comptroller,
1-22 by rule shall adopt each inspection form used in inspecting a
1-23 child-care facility by an agency or subdivision of the state. The
1-24 forms must be designed to eliminate redundant inspections.
2-1 Sec. 42.0443. INSPECTION INFORMATION DATABASE. (a) The
2-2 department shall establish a computerized database containing the
2-3 information from each inspection of a child-care facility.
2-4 (b) After an agency or subdivision of the state inspects a
2-5 child-care facility, the agency or subdivision shall submit the
2-6 completed inspection form to the department. The department shall
2-7 add the information from the inspection to the computerized
2-8 database.
2-9 Sec. 42.0444. CHILD-CARE FACILITY RATING SYSTEM. (a) The
2-10 department shall establish a system for rating child-care
2-11 facilities.
2-12 (b) In rating a child-care facility, the department shall
2-13 consider the information obtained from the inspections of the
2-14 facility and rate the facility in areas including child safety,
2-15 sanitation, staffing, and programs. The department shall annually
2-16 update the rating for each child-care facility.
2-17 (c) The department shall compile and publish a
2-18 geographically indexed list of the ratings of each child-care
2-19 facility and make the ratings list available to the public on
2-20 request and through the Internet.
2-21 (d) A child-care facility shall display the facility's
2-22 rating in a conspicuous place near each entrance that is accessible
2-23 to clients and potential clients.
2-24 SECTION 2. (a) Not later than January 1, 1998, the
2-25 Department of Protective and Regulatory Services shall establish a
2-26 pilot program in a medium-sized city selected by the department
2-27 that would allow a child-care facility inspector in the field:
3-1 (1) to access the information in the Department of
3-2 Protective and Regulatory Services's computerized inspection
3-3 database and update the database with a laptop computer as the
3-4 inspector inspects a child-care facility; and
3-5 (2) to provide the child-care facility with a printed
3-6 completed inspection form immediately after an inspection.
3-7 (b) During the pilot program, the Department of Protective
3-8 and Regulatory Services shall update the rating assigned to a
3-9 child-care facility in the pilot program immediately after an
3-10 inspection.
3-11 (c) Not later than January 15, 1999, the Department of
3-12 Protective and Regulatory Services shall report to the legislature
3-13 regarding the effectiveness of the pilot program established under
3-14 this section.
3-15 (d) This section expires September 1, 1999.
3-16 SECTION 3. (a) This Act takes effect September 1, 1997.
3-17 (b) Not later than September 15, 1997, each agency or
3-18 subdivision of the state that inspects child-care facilities shall
3-19 submit a copy of the inspection form used by the agency or
3-20 subdivision to the Department of Protective and Regulatory
3-21 Services.
3-22 (c) The Department of Protective and Regulatory Services
3-23 shall adopt the inspection forms and create the rating system
3-24 required by this Act not later than January 1, 1998.
3-25 SECTION 4. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.