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

 2-1     C, with the exception of standards relating to the internal

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

 2-3     teaching, or instruction of the facility or agency;

 2-4                 (2)  not have any person serve as a member of the

 2-5     governing body of the accrediting organization who has a

 2-6     proprietary or financial interest in a child-care facility or

 2-7     child-placing agency that is accredited by the accrediting

 2-8     organization; and

 2-9                 (3)  demonstrate a strong commitment to ensuring the

2-10     provision of high-quality child-care services.

2-11           (b)  An accreditation organization must file a copy of its

2-12     minimum standards and inspection procedures for child-care

2-13     facilities or child-placing agencies with the department to enable

2-14     the department to make its determination under Subsection (a).

2-15           Sec. 42.103.  APPROVED ACCREDITATION ORGANIZATION.  (a)  The

2-16     department shall approve an accreditation organization under this

2-17     subchapter if the department determines that the accreditation

2-18     organization has satisfied the requirements prescribed by this

2-19     subchapter.

2-20           (b)  An approval granted by the department under this section

2-21     is valid for one year.

2-22           (c)  The department shall prescribe an annual renewal

2-23     procedure for an approved accreditation organization that ensures

2-24     continued compliance with this subchapter.

2-25           (d)  The department may use the remedies specified in

2-26     Subchapter D to address exigent situations in which an approved

2-27     accreditation organization does not timely correct an action that

 3-1     endangers the health and safety of children.

 3-2           Sec. 42.104.  REGISTRATION TO OPERATE UNDER  ACCREDITATION.

 3-3     (a)  A child-care facility or child-placing agency that is

 3-4     accredited by an approved accreditation organization may register

 3-5     with the department to operate under that accreditation by filing:

 3-6                 (1)  a registration in a simple form prescribed by the

 3-7     department;

 3-8                 (2)  a copy of the certificate, license, or award

 3-9     letter of accreditation from the accreditation body showing that

3-10     the facility or agency is accredited; and

3-11                 (3)  a copy of the written accreditation report of the

3-12     agency or facility from the accreditation body.

3-13           (b)  In addition to any fee that may be required under

3-14     Section 411.114(b), Government Code, the department may charge a

3-15     child-care facility or child-placing agency a single administrative

3-16     fee in a reasonable amount that is sufficient to cover the costs of

3-17     the department in processing and acting on the registration.

3-18           (c)  The department shall process and act on a registration

3-19     not later than the 30th day after the date on which the department

3-20     receives all of the required information.

3-21           Sec. 42.105.  BACKGROUND AND CRIMINAL HISTORY CHECKS.  (a)

3-22     An approved accreditation organization shall obtain from the

3-23     department information from the central registry of reported cases

3-24     of child abuse or neglect established under Section 261.002, Family

3-25     Code, and information from the Department of Public Safety under

3-26     Section 411.114, Government Code, for purposes of reviewing the

3-27     general character and fitness of:

 4-1                 (1)  a child-care administrator seeking accreditation

 4-2     under Section 43.003;

 4-3                 (2)  a person who registers with the department to

 4-4     operate under this subchapter or a holder of a certificate issued

 4-5     under this subchapter;

 4-6                 (3)  an operator of a child-care facility or

 4-7     child-placing agency accredited by the organization and seeking to

 4-8     register with the department under Section 42.104 or issued a

 4-9     certificate to operate under that accreditation under this

4-10     subchapter; and

4-11                 (4)  an employee of or an applicant for employment by a

4-12     child-care facility or child-placing agency accredited by the

4-13     organization and seeking to register with the department under

4-14     Section 42.104 or issued a certificate to operate under that

4-15     accreditation under this chapter.

4-16           (b)  The department by rule may provide for not issuing or

4-17     not renewing a certificate to operate under accreditation or may

4-18     revoke a certificate based on the results of a background or

4-19     criminal history check conducted by the department under this

4-20     section.

4-21           Sec. 42.106.  ACCEPTANCE OF ACCREDITATION INSTEAD OF LICENSE.

4-22     (a)  Except as provided by Section 42.105(b), the department shall

4-23     issue a certificate to operate under accreditation to a child-care

4-24     facility or child-placing agency that registers with the department

4-25     under Section 42.104 if:

4-26                 (1)  the facility or agency submits all of the

4-27     information required by Section 42.104(a);

 5-1                 (2)  the facility or agency remits any required

 5-2     administrative fee under Section 42.104(b); and

 5-3                 (3)  the department verifies that the facility or

 5-4     agency is  accredited by and in good standing with an approved

 5-5     accreditation  organization.

 5-6           (b)  A certificate issued under this section is not

 5-7     transferrable and applies only to the operator named in the

 5-8     registration.

 5-9           (c)  A certificate is valid for one year.

5-10           Sec. 42.107.  RENEWAL OF CERTIFICATE.  The department shall

5-11     provide for an annual renewal of a certificate issued to an

5-12     operator of a child-care facility or child-placing agency under

5-13     Section 42.106.  The department shall renew the certificate if the

5-14     child-care facility or child-placing agency maintains accreditation

5-15     from the approved accreditation organization.

5-16           Sec. 42.108.  NOTIFICATION OF REVOCATION OR WITHDRAWAL OF

5-17     ACCREDITATION.  Not later than the seventh day after the date on

5-18     which an approved accreditation organization revokes or withdraws

5-19     the accreditation of a child-care facility or child-placing agency

5-20     that is exempt from licensing under this subchapter, the

5-21     organization shall notify the department of the revocation or

5-22     withdrawal.

5-23           Sec. 42.109.  REVOCATION OR WITHDRAWAL OF APPROVAL TO OPERATE

5-24     UNDER ACCREDITATION.  (a)  A holder of a certificate issued under

5-25     Section 42.106 may not operate a child-care facility or child-care

5-26     placing agency under this subchapter if an accreditation

5-27     organization has revoked or withdrawn the accreditation of the

 6-1     child-care facility or child-placing agency, unless the department

 6-2     grants the holder a license under Subchapter C  or a provisional

 6-3     license.

 6-4           (b)  The department may adopt rules as necessary to implement

 6-5     this section.

 6-6           Sec. 42.110.  AUTHORITY TO CONDUCT LIMITED INSPECTIONS.  (a)

 6-7     The department may inspect a child-care facility or child-placing

 6-8     agency that has received a certificate to operate under

 6-9     accreditation as provided by Section 42.106 if:

6-10                 (1)  the department has received a complaint or report

6-11     of  child abuse or neglect alleged to have occurred at the facility

6-12     or agency; or

6-13                 (2)  the department has received a complaint indicating

6-14     that despite efforts made by an accreditation organization approved

6-15     under Section 42.103, a facility or agency certified to operate

6-16     under accreditation under Section 42.104 has violated the standards

6-17     of the accreditation organization and the violation creates an

6-18     immediate threat to the health or safety of children attending or

6-19     residing in the facility or agency.

6-20           (b)  This chapter does not affect the authority of local,

6-21     regional, or state health department officials, the state fire

6-22     marshal, or local fire prevention officials to inspect a child-care

6-23     facility or child-placing agency that is certified to operate under

6-24     accreditation under this subchapter.

6-25           (c)  If, as provided by Subsection (a), the department has

6-26     inspected a child-care facility or child-placing agency that has

6-27     received a certificate to operate under accreditation as provided

 7-1     by Section 42.106, the department may require the facility or

 7-2     agency to take appropriate corrective action to eliminate any

 7-3     violations of the standards of the accreditation organization or

 7-4     such other action as the department determines necessary to ensure

 7-5     the health or safety of the children attending or residing in the

 7-6     facility or agency. The department may continue to inspect the

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

 7-8     such reasonable time after corrective action to ensure continued

 7-9     compliance with standards.

7-10           Sec. 42.111.  EMERGENCY SUSPENSION OF CHILD-CARE FACILITY OR

7-11     CHILD-PLACING AGENCY.  (a)  The department shall suspend a

7-12     certificate of a child-care facility or child-placing agency issued

7-13     under Section 42.041 and, if appropriate, place the children

7-14     attending or residing in the facility or agency elsewhere if:

7-15                 (1)  the department finds the facility or agency is

7-16     operating in violation of the standards of its accrediting

7-17     organization; and

7-18                 (2)  the violation creates an immediate threat to the

7-19     health and safety of the children attending or residing in the

7-20     facility or agency.

7-21           (b)  An order suspending the certificate of a child-care

7-22     facility or child-placing agency is immediately effective on the

7-23     date on which the certificate holder receives written notice or on

7-24     a later date specified in the order.

7-25           (c)  An order is valid for 10 days after the effective date

7-26     of the order.

7-27           (d)  The suspension of a certificate and the appeal from that

 8-1     action are governed by the procedures for a contested case hearing

 8-2     under Chapter 2001, Government Code.

 8-3           SECTION 2.  Section 42.001, Human Resources Code, is amended

 8-4     to read as follows:

 8-5           Sec. 42.001.  PURPOSE.  The purpose of this chapter is to

 8-6     protect the health, safety, and well-being of the children of the

 8-7     state who reside in child-care facilities by establishing statewide

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

 8-9     the facilities through a licensing program or by requiring

8-10     child-care facilities to be regulated by alternative accreditation

8-11     bodies.  It is the policy of the state to ensure the protection of

8-12     all children under care in child-care facilities and to encourage

8-13     and assist in  the improvement of child-care programs.  It is also

8-14     the intent of the legislature that freedom of religion of all

8-15     citizens is inviolate.  With respect to a school or child-care

8-16     facility sponsored by a religious organization, [and] nothing in

8-17     this chapter  gives a governmental agency authority to regulate,

8-18     control, supervise, or in any way be involved in the:

8-19                 (1)  form, manner, or content of religious instruction,

8-20     ministry, teaching, or the curriculum offered by the [of a] school

8-21     or facility;

8-22                 (2)  ability of the school or facility to select and

8-23     supervise qualified personnel, and otherwise control the terms of

8-24     employment, including the right to employ individuals who share the

8-25     religious views of the school or facility;

8-26                 (3)  internal self-governance and autonomy of the

8-27     school or facility; or

 9-1                 (4)  religious environment of the school or facility,

 9-2     such as symbols, art, icons, and scripture [sponsored by a

 9-3     religious organization].

 9-4           SECTION 3.  The heading of Section 42.041, Human Resources

 9-5     Code, is amended to read as follows:

 9-6           Sec. 42.041.  REQUIRED LICENSE OR ACCREDITATION.

 9-7           SECTION 4.  Sections 42.041(a) and (d), Human Resources Code,

 9-8     are amended to read as follows:

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

9-10     child-placing agency without a license issued by the division or a

9-11     certificate to operate under accreditation issued by the department

9-12     under Subchapter E.

9-13           (d)  A person operating or desiring to operate a child-care

9-14     facility that is exempt from the provisions of Subsection (a)  of

9-15     this section may apply to the division for a license as provided in

9-16     Section 42.046 of this code.  The division may not deny an exempt

9-17     facility a license on the ground that it is exempt from Subsection

9-18     (a)  of this section.  Unless accredited under Subchapter E, a [A]

9-19     facility exempt from the provisions of Subsection (a)  of this

9-20     section that desires to receive or participate in federal or state

9-21     funding shall be required to comply with all other provisions of

9-22     this Act and with all regulations promulgated thereunder.

9-23           SECTION 5.  Section 42.076(a), Human Resources Code, is

9-24     amended to read as follows:

9-25           (a)  A person who operates a child-care facility or

9-26     child-placing agency without a license or certificate to operate

9-27     under accreditation under Subchapter E commits a Class B

 10-1    misdemeanor.

 10-2          SECTION 6.  Section 43.003, Human Resources Code, is amended

 10-3    to read as follows:

 10-4          Sec. 43.003.  LICENSE OR ACCREDITATION REQUIRED.  (a)  Except

 10-5    as provided by Subsections [Subsection] (b) and (c) of this

 10-6    section, a person may not serve as a child-care administrator of a

 10-7    child-care institution without a license issued by the department

 10-8    under this chapter.

 10-9          (b)  A person who is not licensed under this chapter may

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

10-11    located in a county with a population of less than 40,000 if the

10-12    governing body of the shelter by resolution adopted by a majority

10-13    vote of the membership of the governing body certifies that the

10-14    shelter has made a reasonable effort to hire a licensed child-care

10-15    administrator but is unable to hire a licensed child-care

10-16    administrator.

10-17          (c)  A person may serve as the child-care administrator of a

10-18    child-care institution if the person is accredited by a private

10-19    organization that has qualifications that apply to the child-care

10-20    administrators and that meet or exceed the state's qualifications,

10-21    as determined by the department, with the exception of those

10-22    qualifications relating to the internal self-governance of the

10-23    child-care institution and to the curriculum, teaching, or

10-24    instruction of the institution.  This subsection applies only to a

10-25    child-care institution that operates under a certificate to operate

10-26    under accreditation issued by the department under Subchapter E,

10-27    Chapter 42.

 11-1          SECTION 7.  Section 411.114(a)(2), Government Code, is

 11-2    amended to read as follows:

 11-3                (2)  The Department of Protective and Regulatory

 11-4    Services is entitled to obtain from the department criminal history

 11-5    record information maintained by the department that relates to a

 11-6    person who is:

 11-7                      (A)  an applicant for a license, registration, or

 11-8    certification under Chapter 42, Human Resources Code, or a person

 11-9    who registers with or has been issued a certificate to operate

11-10    under accreditation by the Department of Protective and Regulatory

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

11-12                      (B)  an owner or employee of or an applicant for

11-13    employment by a child-care facility licensed, registered, or

11-14    certified under Chapter 42, Human Resources Code, or by a

11-15    child-care facility or child-placing agency that is seeking to

11-16    register with or has been issued a certificate to operate under

11-17    accreditation by the Department of Protective and Regulatory

11-18    Services under Subchapter E, Chapter 42, Human Resources Code [that

11-19    chapter];

11-20                      (C)  a resident of a registered family home, but

11-21    not a child in the home's care or a parent of the child;

11-22                      (D)  an applicant for a position with the

11-23    Department of Protective and Regulatory Services, the duties of

11-24    which include direct delivery of protective services to children,

11-25    elderly persons, or persons with a disability;

11-26                      (E)  a volunteer or applicant volunteer with a

11-27    local affiliate in this state of Big Brothers/Big Sisters of

 12-1    America;

 12-2                      (F)  a volunteer or applicant volunteer with the

 12-3    "I Have a Dream/Houston" program;

 12-4                      (G)  an employee of, an applicant for employment

 12-5    with, or a volunteer or an applicant volunteer with a business

 12-6    entity or person that contracts with the Department of Protective

 12-7    and Regulatory Services to provide direct delivery of protective

 12-8    services to children, elderly persons, or persons with a

 12-9    disability, if the person's duties or responsibilities include

12-10    direct contact with children, elderly persons, or persons with a

12-11    disability;

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

12-13    Department of Protective and Regulatory Services;

12-14                      (I)  a volunteer or applicant volunteer with an

12-15    organization that provides court-appointed special advocates for

12-16    abused or neglected children;

12-17                      (J)  a person providing or applying to provide

12-18    adoptive or foster care for children in the care of the Department

12-19    of Protective and Regulatory Services and other adults living with

12-20    that person in the residence in which the child will reside;

12-21                      (K)  a Department of Protective and Regulatory

12-22    Services employee who is engaged in the direct delivery of

12-23    protective services to children, elderly persons, or persons with a

12-24    disability;

12-25                      (L)  a person who is the subject of a report the

12-26    department receives alleging that the person has abused or

12-27    neglected a child, an elderly person, or a person with a

 13-1    disability, provided that report has proven to have merit;

 13-2                      (M)  a relative providing or applying to provide

 13-3    in-home care for a child in the care of the Department of

 13-4    Protective and Regulatory Services and other adults living with

 13-5    that relative in the residence in which the child will reside;

 13-6                      (N)  a person providing child care for a child

 13-7    who is in the care of the Department of Protective and Regulatory

 13-8    Services and who is or will be receiving adoptive, foster, or

 13-9    in-home care;

13-10                      (O)  a person providing, at the request of the

13-11    child's parent, in-home care for a child who is the subject of a

13-12    report alleging the child has been abused or neglected; [or]

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

13-14    Texas chapter of the Make-a-Wish Foundation of America;

13-15                      (Q)  an operator of a child-care facility or

13-16    child-placing agency that is seeking to register with or has been

13-17    issued a certificate to operate under accreditation by the

13-18    Department of Protective and Regulatory Services under Subchapter

13-19    E, Chapter 42, Human Resources Code, subject to Section 42.105,

13-20    Human Resources Code; or

13-21                      (R)  a child-care administrator seeking

13-22    accreditation as provided by Section 43.003, Human Resources Code.

13-23          SECTION 8.  (a)  This Act takes effect September 1, 1997.

13-24          (b)  The Department of Protective and Regulatory Services

13-25    shall adopt rules under this Act not later than March 1, 1998.

13-26          SECTION 9.  This Act is abolished unless reenacted by the

13-27    legislature within four years from the date of enactment.

 14-1          SECTION 10.  The importance of this legislation and the

 14-2    crowded condition of the calendars in both houses create an

 14-3    emergency and an imperative public necessity that the

 14-4    constitutional rule requiring bills to be read on three several

 14-5    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2482 was passed by the House on May

         5, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 2482 on May 23, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2482 was passed by the Senate, with

         amendments, on May 20, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor