By Smithee, Corte, Counts, Edwards,                   H.B. No. 2482

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the establishment of an accreditation program for

 1-3     child-care facilities and child-placing agencies as an alternative

 1-4     to state licensure; providing a criminal penalty.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Chapter 42, Human Resources Code, is amended by

 1-7     adding Subchapter E to read as follows:

 1-8          SUBCHAPTER E.  ACCREDITATION OF CHILD-CARE FACILITIES AND

 1-9                           CHILD-PLACING AGENCIES

1-10           Sec. 42.101.  ALTERNATIVE ACCREDITATION PROGRAM.  The

1-11     department shall establish a streamlined procedure by which the

1-12     department authorizes a child-care facility or child-placing agency

1-13     that is otherwise required to obtain a license under Subchapter C

1-14     to operate the facility or agency without a license if the facility

1-15     or agency is  accredited by an accreditation organization approved

1-16     by the department.

1-17           Sec. 42.102.  ACCREDITATION ORGANIZATION.  (a)  To qualify

1-18     for approval by the department under Section 42.101, an

1-19     accreditation organization must:

1-20                 (1)  be a recognized private organization that

1-21     promulgates, publishes, and requires compliance with standards and

1-22     inspection procedures for child-care facilities or child-placing

1-23     agencies that meet or exceed the state's minimum requirements for

1-24     child-care facilities and child-placing agencies under Subchapter

1-25     C, with the exception of standards relating to the internal

 2-1     self-governance of a facility or agency and to the curriculum,

 2-2     teaching, or instruction of the facility or agency; and

 2-3                 (2)  demonstrate a strong commitment to ensuring the

 2-4     provision of high-quality child-care services.

 2-5           (b)  An accreditation organization must file a copy of its

 2-6     minimum standards and inspection procedures for child-care

 2-7     facilities or child-placing agencies with the department to enable

 2-8     the department to make its determination under Subsection (a).

 2-9           Sec. 42.103.  APPROVED ACCREDITATION ORGANIZATION.  (a)  The

2-10     department shall approve an accreditation organization under this

2-11     subchapter if the department determines that the accreditation

2-12     organization has satisfied the requirements prescribed by this

2-13     subchapter.

2-14           (b)  An approval granted by the department under this section

2-15     is valid for one year.

2-16           (c)  The department shall prescribe an annual renewal

2-17     procedure for an approved accreditation organization that ensures

2-18     continued compliance with this subchapter.

2-19           (d)  The department may use the remedies specified in

2-20     Subchapter D to address exigent situations in which an approved

2-21     accreditation organization does not timely correct an action that

2-22     endangers the health and safety of children.

2-23           Sec. 42.104.  REGISTRATION TO OPERATE UNDER  ACCREDITATION.

2-24     (a)  A child-care facility or child-placing agency that is

2-25     accredited by an approved accreditation organization may register

2-26     with the department to operate under that accreditation by filing:

2-27                 (1)  a registration in a simple form prescribed by the

 3-1     department;

 3-2                 (2)  a copy of the certificate, license, or award

 3-3     letter of accreditation from the accreditation body showing that

 3-4     the facility or agency is accredited; and

 3-5                 (3)  a copy of the written accreditation report of the

 3-6     agency or facility from the accreditation body.

 3-7           (b)  In addition to any fee that may be required under

 3-8     Section 411.114(b), Government Code, the department may charge a

 3-9     child-care facility or child-placing agency a single administrative

3-10     fee in a reasonable amount that is sufficient to cover the costs of

3-11     the department in processing and acting on the registration.

3-12           (c)  The department shall process and act on a registration

3-13     not later than the 30th day after the date on which the department

3-14     receives all of the required information.

3-15           Sec. 42.105.  BACKGROUND AND CRIMINAL HISTORY CHECKS.  (a)

3-16     An approved accreditation organization shall obtain from the

3-17     department information from the central registry of reported cases

3-18     of child abuse or neglect established under Section 261.002, Family

3-19     Code, and information from the Department of Public Safety under

3-20     Section 411.114, Government Code, for purposes of reviewing the

3-21     general character and fitness of:

3-22                 (1)  a child-care administrator seeking accreditation

3-23     under Section 43.003;

3-24                 (2)  a person who registers with the department to

3-25     operate under this subchapter or a holder of a certificate issued

3-26     under this subchapter;

3-27                 (3)  an operator of a child-care facility or

 4-1     child-placing agency accredited by the organization and seeking to

 4-2     register with the department under Section 42.104 or issued a

 4-3     certificate to operate under that accreditation under this

 4-4     subchapter; and

 4-5                 (4)  an employee of or an applicant for employment by a

 4-6     child-care facility or child-placing agency accredited by the

 4-7     organization and seeking to register with the department under

 4-8     Section 42.104 or issued a certificate to operate under that

 4-9     accreditation under this chapter.

4-10           (b)  The department by rule may provide for not issuing or

4-11     not renewing a certificate to operate under accreditation or may

4-12     revoke a certificate based on the results of a background or

4-13     criminal history check conducted by the department under this

4-14     section.

4-15           Sec. 42.106.  ACCEPTANCE OF ACCREDITATION INSTEAD OF LICENSE.

4-16     (a)  Except as provided by Section 42.105(b), the department shall

4-17     issue a certificate to operate under accreditation to a child-care

4-18     facility or child-placing agency that registers with the department

4-19     under Section 42.104 if:

4-20                 (1)  the facility or agency submits all of the

4-21     information required by Section 42.104(a);

4-22                 (2)  the facility or agency remits any required

4-23     administrative fee under Section 42.104(b); and

4-24                 (3)  the department verifies that the facility or

4-25     agency is  accredited by and in good standing with an approved

4-26     accreditation  organization.

4-27           (b)  A certificate issued under this section is not

 5-1     transferrable and applies only to the operator named in the

 5-2     registration.

 5-3           (c)  A certificate is valid for one year.

 5-4           Sec. 42.107.  RENEWAL OF CERTIFICATE.  The department shall

 5-5     provide for an annual renewal of a certificate issued to an

 5-6     operator of a child-care facility or child-placing agency under

 5-7     Section 42.106.  The department shall renew the certificate if the

 5-8     child-care facility or child-placing agency maintains accreditation

 5-9     from the approved accreditation organization.

5-10           Sec. 42.108.  NOTIFICATION OF REVOCATION OR WITHDRAWAL OF

5-11     ACCREDITATION.  Not later than the seventh day after the date on

5-12     which an approved accreditation organization revokes or withdraws

5-13     the accreditation of a child-care facility or child-placing agency

5-14     that is exempt from licensing under this subchapter, the

5-15     organization shall notify the department of the revocation or

5-16     withdrawal.

5-17           Sec. 42.109.  REVOCATION OR WITHDRAWAL OF APPROVAL TO OPERATE

5-18     UNDER ACCREDITATION.  (a)  A holder of a certificate issued under

5-19     Section 42.106 may not operate a child-care facility or child-care

5-20     placing agency under this subchapter if an accreditation

5-21     organization has revoked or withdrawn the accreditation of the

5-22     child-care facility or child-placing agency, unless the department

5-23     grants the holder a license under Subchapter C  or a provisional

5-24     license.

5-25           (b)  The department may adopt rules as necessary to implement

5-26     this section.

5-27           Sec. 42.110.  AUTHORITY TO CONDUCT LIMITED INSPECTIONS.  (a)

 6-1     The department may inspect a child-care facility or child-placing

 6-2     agency that has received a certificate to operate under

 6-3     accreditation as provided by Section 42.106 if:

 6-4                 (1)  the department has received a complaint or report

 6-5     of  child abuse or neglect alleged to have occurred at the facility

 6-6     or agency; or

 6-7                 (2)  the department has received a complaint indicating

 6-8     that despite efforts made by an accreditation organization approved

 6-9     under Section 42.103, a facility or agency certified to operate

6-10     under accreditation under Section 42.104 has violated the standards

6-11     of the accreditation organization and the violation creates an

6-12     immediate threat to the health or safety of children attending or

6-13     residing in the facility or agency.

6-14           (b)  This chapter does not affect the authority of local,

6-15     regional, or state health department officials, the state fire

6-16     marshal, or local fire prevention officials to inspect a child-care

6-17     facility or child-placing agency that is certified to operate under

6-18     accreditation under this subchapter.

6-19           (c)  If, as provided by Subsection (a), the department has

6-20     inspected a child-care facility or child-placing agency that has

6-21     received a certificate to operate under accreditation as provided

6-22     by Section 42.106, the department may require the facility or

6-23     agency to take appropriate corrective action to eliminate any

6-24     violations of the standards of the accreditation organization or

6-25     such other action as the department determines necessary to ensure

6-26     the health or safety of the children attending or residing in the

6-27     facility or agency. The department may continue to inspect the

 7-1     facility or agency until corrective action has been taken and for

 7-2     such reasonable time after corrective action to ensure continued

 7-3     compliance with standards.

 7-4           Sec. 42.111.  EMERGENCY SUSPENSION OF CHILD-CARE FACILITY OR

 7-5     CHILD-PLACING AGENCY.  (a)  The department shall suspend a

 7-6     certificate of a child-care facility or child-placing agency issued

 7-7     under Section 42.041 and, if appropriate, place the children

 7-8     attending or residing in the facility or agency elsewhere if:

 7-9                 (1)  the department finds the facility or agency is

7-10     operating in violation of the standards of its accrediting

7-11     organization; and

7-12                 (2)  the violation creates an immediate threat to the

7-13     health and safety of the children attending or residing in the

7-14     facility or agency.

7-15           (b)  An order suspending the certificate of a child-care

7-16     facility or child-placing agency is immediately effective on the

7-17     date on which the certificate holder receives written notice or on

7-18     a later date specified in the order.

7-19           (c)  An order is valid for 10 days after the effective date

7-20     of the order.

7-21           (d)  The suspension of a certificate and the appeal from that

7-22     action are governed by the procedures for a contested case hearing

7-23     under Chapter 2001, Government Code.

7-24           SECTION 2.  Section 42.001, Human Resources Code, is amended

7-25     to read as follows:

7-26           Sec. 42.001.  PURPOSE.  The purpose of this chapter is to

7-27     protect the health, safety, and well-being of the children of the

 8-1     state who reside in child-care facilities by establishing statewide

 8-2     minimum standards for their safety and protection and by regulating

 8-3     the facilities through a licensing program or by requiring

 8-4     child-care facilities to be regulated by alternative accreditation

 8-5     bodies.  It is the policy of the state to ensure the protection of

 8-6     all children under care in child-care facilities and to encourage

 8-7     and assist in  the improvement of child-care programs.  It is also

 8-8     the intent of the legislature that freedom of religion of all

 8-9     citizens is inviolate.  With respect to a school or child-care

8-10     facility sponsored by a religious organization, [and] nothing in

8-11     this chapter  gives a governmental agency authority to regulate,

8-12     control, supervise, or in any way be involved in the:

8-13                 (1)  form, manner, or content of religious instruction,

8-14     ministry, teaching, or the curriculum offered by the [of a] school

8-15     or facility;

8-16                 (2)  ability of the school or facility to select and

8-17     supervise qualified personnel, and otherwise control the terms of

8-18     employment, including the right to employ individuals who share the

8-19     religious views of the school or facility;

8-20                 (3)  internal self-governance and autonomy of the

8-21     school or facility; or

8-22                 (4)  religious environment of the school or facility,

8-23     such as symbols, art, icons, and scripture [sponsored by a

8-24     religious organization].

8-25           SECTION 3.  The heading of Section 42.041, Human Resources

8-26     Code, is amended to read as follows:

8-27           Sec. 42.041.  REQUIRED LICENSE OR ACCREDITATION.

 9-1           SECTION 4.  Sections 42.041(a) and (d), Human Resources Code,

 9-2     are amended to read as follows:

 9-3           (a)  No person may operate a child-care facility or

 9-4     child-placing agency without a license issued by the division or a

 9-5     certificate to operate under accreditation issued by the department

 9-6     under Subchapter E.

 9-7           (d)  A person operating or desiring to operate a child-care

 9-8     facility that is exempt from the provisions of Subsection (a)  of

 9-9     this section may apply to the division for a license as provided in

9-10     Section 42.046 of this code.  The division may not deny an exempt

9-11     facility a license on the ground that it is exempt from Subsection

9-12     (a)  of this section.  Unless accredited under Subchapter E, a [A]

9-13     facility exempt from the provisions of Subsection (a)  of this

9-14     section that desires to receive or participate in federal or state

9-15     funding shall be required to comply with all other provisions of

9-16     this Act and with all regulations promulgated thereunder.

9-17           SECTION 5.  Section 42.076(a), Human Resources Code, is

9-18     amended to read as follows:

9-19           (a)  A person who operates a child-care facility or

9-20     child-placing agency without a license or certificate to operate

9-21     under accreditation under Subchapter E commits a Class B

9-22     misdemeanor.

9-23           SECTION 6.  Section 43.003, Human Resources Code, is amended

9-24     to read as follows:

9-25           Sec. 43.003.  LICENSE OR ACCREDITATION REQUIRED.  (a)  Except

9-26     as provided by Subsections [Subsection] (b) and (c) of this

9-27     section, a person may not serve as a child-care administrator of a

 10-1    child-care institution without a license issued by the department

 10-2    under this chapter.

 10-3          (b)  A person who is not licensed under this chapter may

 10-4    serve as the child-care administrator of an emergency shelter

 10-5    located in a county with a population of less than 40,000 if the

 10-6    governing body of the shelter by resolution adopted by a majority

 10-7    vote of the membership of the governing body certifies that the

 10-8    shelter has made a reasonable effort to hire a licensed child-care

 10-9    administrator but is unable to hire a licensed child-care

10-10    administrator.

10-11          (c)  A person may serve as the child-care administrator of a

10-12    child-care institution if the person is accredited by a private

10-13    organization that has qualifications that apply to the child-care

10-14    administrators and that meet or exceed the state's qualifications,

10-15    as determined by the department, with the exception of those

10-16    qualifications relating to the internal self-governance of the

10-17    child-care institution and to the curriculum, teaching, or

10-18    instruction of the institution.  This subsection applies only to a

10-19    child-care institution that operates under a certificate to operate

10-20    under accreditation issued by the department under Subchapter E,

10-21    Chapter 42.

10-22          SECTION 7.  Section 411.114(a)(2), Government Code, is

10-23    amended to read as follows:

10-24                (2)  The Department of Protective and Regulatory

10-25    Services is entitled to obtain from the department criminal history

10-26    record information maintained by the department that relates to a

10-27    person who is:

 11-1                      (A)  an applicant for a license, registration, or

 11-2    certification under Chapter 42, Human Resources Code, or a person

 11-3    who registers with or has been issued a certificate to operate

 11-4    under accreditation by the Department of Protective and Regulatory

 11-5    Services under Subchapter E, Chapter 42, Human Resources Code;

 11-6                      (B)  an owner or employee of or an applicant for

 11-7    employment by a child-care facility licensed, registered, or

 11-8    certified under Chapter 42, Human Resources Code, or by a

 11-9    child-care facility or child-placing agency that is seeking to

11-10    register with or has been issued a certificate to operate under

11-11    accreditation by the Department of Protective and Regulatory

11-12    Services under Subchapter E, Chapter 42, Human Resources Code [that

11-13    chapter];

11-14                      (C)  a resident of a registered family home, but

11-15    not a child in the home's care or a parent of the child;

11-16                      (D)  an applicant for a position with the

11-17    Department of Protective and Regulatory Services, the duties of

11-18    which include direct delivery of protective services to children,

11-19    elderly persons, or persons with a disability;

11-20                      (E)  a volunteer or applicant volunteer with a

11-21    local affiliate in this state of Big Brothers/Big Sisters of

11-22    America;

11-23                      (F)  a volunteer or applicant volunteer with the

11-24    "I Have a Dream/Houston" program;

11-25                      (G)  an employee of, an applicant for employment

11-26    with, or a volunteer or an applicant volunteer with a business

11-27    entity or person that contracts with the Department of Protective

 12-1    and Regulatory Services to provide direct delivery of protective

 12-2    services to children, elderly persons, or persons with a

 12-3    disability, if the person's duties or responsibilities include

 12-4    direct contact with children, elderly persons, or persons with a

 12-5    disability;

 12-6                      (H)  a volunteer or applicant volunteer with the

 12-7    Department of Protective and Regulatory Services;

 12-8                      (I)  a volunteer or applicant volunteer with an

 12-9    organization that provides court-appointed special advocates for

12-10    abused or neglected children;

12-11                      (J)  a person providing or applying to provide

12-12    adoptive or foster care for children in the care of the Department

12-13    of Protective and Regulatory Services and other adults living with

12-14    that person in the residence in which the child will reside;

12-15                      (K)  a Department of Protective and Regulatory

12-16    Services employee who is engaged in the direct delivery of

12-17    protective services to children, elderly persons, or persons with a

12-18    disability;

12-19                      (L)  a person who is the subject of a report the

12-20    department receives alleging that the person has abused or

12-21    neglected a child, an elderly person, or a person with a

12-22    disability, provided that report has proven to have merit;

12-23                      (M)  a relative providing or applying to provide

12-24    in-home care for a child in the care of the Department of

12-25    Protective and Regulatory Services and other adults living with

12-26    that relative in the residence in which the child will reside;

12-27                      (N)  a person providing child care for a child

 13-1    who is in the care of the Department of Protective and Regulatory

 13-2    Services and who is or will be receiving adoptive, foster, or

 13-3    in-home care;

 13-4                      (O)  a person providing, at the request of the

 13-5    child's parent, in-home care for a child who is the subject of a

 13-6    report alleging the child has been abused or neglected; [or]

 13-7                      (P)  a volunteer or applicant volunteer with a

 13-8    Texas chapter of the Make-a-Wish Foundation of America;

 13-9                      (Q)  an operator of a child-care facility or

13-10    child-placing agency that is seeking to register with or has been

13-11    issued a certificate to operate under accreditation by the

13-12    Department of Protective and Regulatory Services under Subchapter

13-13    E, Chapter 42, Human Resources Code, subject to Section 42.105,

13-14    Human Resources Code; or

13-15                      (R)  a child-care administrator seeking

13-16    accreditation as provided by Section 43.003, Human Resources Code.

13-17          SECTION 8.  (a)  This Act takes effect September 1, 1997.

13-18          (b)  The Department of Protective and Regulatory Services

13-19    shall adopt rules under this Act not later than March 1, 1998.

13-20          SECTION 9.  The importance of this legislation and the

13-21    crowded condition of the calendars in both houses create an

13-22    emergency and an imperative public necessity that the

13-23    constitutional rule requiring bills to be read on three several

13-24    days in each house be suspended, and this rule is hereby suspended.