75R11246 CLG-F
By Smithee H.B. No. 2482
Substitute the following for H.B. No. 2482:
By Hilderbran C.S.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 are substantially similar to or exceed the state's
1-24 minimum requirements for child-care facilities and child-placing
2-1 agencies under Subchapter C, with the exception of standards
2-2 relating to the internal self-governance of a facility or agency
2-3 and to the curriculum, teaching, or instruction of the facility or
2-4 agency; and
2-5 (2) demonstrate a strong commitment to ensuring the
2-6 provision of high-quality child-care services.
2-7 (b) An accreditation organization must file a copy of its
2-8 minimum standards and inspection procedures for child-care
2-9 facilities or child-placing agencies with the department to enable
2-10 the department to make its determination under Subsection (a).
2-11 Sec. 42.103. APPROVED ACCREDITATION ORGANIZATION. (a) The
2-12 department shall approve an accreditation organization under this
2-13 subchapter if the department determines that the accreditation
2-14 organization has satisfied the requirements prescribed by this
2-15 subchapter.
2-16 (b) An approval granted by the department under this section
2-17 is valid for one year.
2-18 (c) The department shall prescribe an annual renewal
2-19 procedure for an approved accreditation organization that ensures
2-20 continued compliance with this subchapter.
2-21 (d) The department may use the remedies specified in
2-22 Subchapter D to address exigent situations in which an approved
2-23 accreditation organization does not timely correct an action that
2-24 endangers the health and safety of children.
2-25 Sec. 42.104. REGISTRATION TO OPERATE UNDER ACCREDITATION.
2-26 (a) A child-care facility or child-placing agency that is
2-27 accredited by an approved accreditation organization may register
3-1 with the department to operate under that accreditation by filing:
3-2 (1) a registration in a simple form prescribed by the
3-3 department;
3-4 (2) a copy of the certificate, license, or award
3-5 letter of accreditation from the accreditation body showing that
3-6 the facility or agency is accredited; and
3-7 (3) a copy of the written accreditation report of the
3-8 agency or facility from the accreditation body.
3-9 (b) In addition to any fee that may be required under
3-10 Section 411.114(b), Government Code, the department may charge a
3-11 child-care facility or child-placing agency a single administrative
3-12 fee in a reasonable amount that is sufficient to cover the costs of
3-13 the department in processing and acting on the registration.
3-14 (c) The department shall process and act on a registration
3-15 not later than the 30th day after the date on which the department
3-16 receives all of the required information.
3-17 Sec. 42.105. BACKGROUND AND CRIMINAL HISTORY CHECK. (a) An
3-18 approved accreditation organization shall obtain from the
3-19 department information from the central registry of reported cases
3-20 of child abuse or neglect established under Section 261.002, Family
3-21 Code, to determine whether a child-care administrator seeking
3-22 accreditation under Section 43.003, a certificate holder under this
3-23 subchapter, or an operator or employee of a child-care facility or
3-24 child-placing agency accredited by the organization and seeking to
3-25 register with the department under Section 42.104 is listed in the
3-26 registry as a person who abused or neglected a child.
3-27 (b) For purposes of reviewing general character and fitness,
4-1 an approved accreditation organization may submit to the department
4-2 for use in conducting background and criminal history checks the
4-3 name of a child-care administrator seeking accreditation under
4-4 Section 43.003, an operator or employee of a child-care facility
4-5 or child-placing agency accredited by the organization and seeking
4-6 to register with the department under Section 42.104, or a
4-7 certificate holder under this subchapter. The department shall
4-8 conduct background and criminal history checks using:
4-9 (1) the information provided under this subsection;
4-10 and
4-11 (2) the information made available by the Department
4-12 of Public Safety under Section 411.114, Government Code.
4-13 (c) If the approved accreditation organization does not
4-14 conduct background and criminal history checks on a person
4-15 described by Subsection (b), the department may conduct background
4-16 and criminal history checks using the information made available by
4-17 the Department of Public Safety under Section 411.114, Government
4-18 Code.
4-19 (d) The department by rule may provide for denial of an
4-20 application or renewal of a certificate to operate under
4-21 accreditation or may revoke the certificate based on the results of
4-22 a background or criminal history check conducted by the department
4-23 under this section.
4-24 Sec. 42.106. ACCEPTANCE OF ACCREDITATION INSTEAD OF LICENSE.
4-25 (a) Except as provided by Section 42.105(d), the department shall
4-26 issue a certificate to operate under accreditation to a child-care
4-27 facility or child-placing agency that registers with the department
5-1 under Section 42.104 if:
5-2 (1) the facility or agency submits all of the
5-3 information required by Section 42.104(a);
5-4 (2) the facility or agency remits any required
5-5 administrative fee under Section 42.104(b); and
5-6 (3) the department verifies that the facility or
5-7 agency is accredited by and in good standing with an approved
5-8 accreditation organization.
5-9 (b) A certificate issued under this section is not
5-10 transferrable and applies only to the operator stated in the
5-11 application.
5-12 (c) A certificate is valid for one year.
5-13 Sec. 42.107. RENEWAL OF CERTIFICATE. The department shall
5-14 provide for an annual renewal of a certificate issued to an
5-15 operator of a child-care facility or child-placing agency under
5-16 Section 42.106. The department shall renew the certificate if the
5-17 child-care facility or child-placing agency maintains accreditation
5-18 from the approved accreditation organization.
5-19 Sec. 42.108. NOTIFICATION OF REVOCATION OR WITHDRAWAL OF
5-20 ACCREDITATION. Not later than the seventh day after the date on
5-21 which an approved accreditation organization revokes or withdraws
5-22 the accreditation of a child-care facility or child-placing agency
5-23 that is exempt from licensing under this subchapter, the
5-24 organization shall notify the department of the revocation or
5-25 withdrawal.
5-26 Sec. 42.109. REVOCATION OR WITHDRAWAL OF APPROVAL TO OPERATE
5-27 UNDER ACCREDITATION. (a) A holder of a certificate issued under
6-1 Section 42.106 may not operate a child-care facility or child-care
6-2 placing agency under this subchapter if an accreditation
6-3 organization has revoked or withdrawn the accreditation of the
6-4 child-care facility or child-placing agency, unless the department
6-5 grants the holder a license under Subchapter C or a provisional
6-6 license.
6-7 (b) The department may adopt rules as necessary to implement
6-8 this section.
6-9 Sec. 42.110. AUTHORITY TO CONDUCT LIMITED INSPECTIONS. (a)
6-10 The department may inspect a child-care facility or child-placing
6-11 agency that has received a certificate to operate under
6-12 accreditation as provided by Section 42.106 if:
6-13 (1) the department has received a complaint or report
6-14 of child abuse or neglect alleged to have occurred at the facility
6-15 or agency; or
6-16 (2) the department has received a complaint indicating
6-17 that despite efforts made by an accreditation organization approved
6-18 under Section 42.103, a facility or agency certified to operate
6-19 under accreditation under Section 42.104 has violated the standards
6-20 of the accreditation organization and the violation creates an
6-21 immediate threat to the health or safety of children attending or
6-22 residing in the facility or agency.
6-23 (b) This chapter does not affect the authority of local,
6-24 regional, or state health department officials, the state fire
6-25 marshal, or local fire prevention officials to inspect a child-care
6-26 facility or child-placing agency that is certified to operate under
6-27 accreditation under this subchapter.
7-1 Sec. 42.111. EMERGENCY SUSPENSION OF CHILD-CARE FACILITY OR
7-2 CHILD-PLACING AGENCY. (a) The department shall suspend a
7-3 certificate of a child-care facility or child-placing agency issued
7-4 under Section 42.014 and, if appropriate, place the children
7-5 attending or residing in the facility or agency elsewhere if:
7-6 (1) the department finds the facility or agency is
7-7 operating in violation of the standards of its accrediting
7-8 organization; and
7-9 (2) the violation creates an immediate threat to the
7-10 health and safety of the children attending or residing in the
7-11 facility or agency.
7-12 (b) An order suspending the certificate of a child-care
7-13 facility or child-placing agency is immediately effective on the
7-14 date on which the certificate holder receives written notice or on
7-15 a later date specified in the order.
7-16 (c) An order is valid for 10 days after the effective date
7-17 of the order.
7-18 (d) The suspension of a certificate and the appeal from that
7-19 action are governed by the procedures for a contested case hearing
7-20 under Chapter 2001, Government Code.
7-21 SECTION 2. Section 42.001, Human Resources Code, is amended
7-22 to read as follows:
7-23 Sec. 42.001. PURPOSE. The purpose of this chapter is to
7-24 protect the health, safety, and well-being of the children of the
7-25 state who reside in child-care facilities by establishing statewide
7-26 minimum standards for their safety and protection and by regulating
7-27 the facilities through a licensing program or by requiring
8-1 child-care facilities to be regulated by alternative accreditation
8-2 bodies. It is the policy of the state to ensure the protection of
8-3 all children under care in child-care facilities and to encourage
8-4 and assist in the improvement of child-care programs. It is also
8-5 the intent of the legislature that freedom of religion of all
8-6 citizens is inviolate. With respect to a school or child-care
8-7 facility sponsored by a religious organization, [and] nothing in
8-8 this chapter gives a governmental agency authority to regulate,
8-9 control, supervise, or in any way be involved in the:
8-10 (1) form, manner, or content of religious instruction,
8-11 ministry, teaching, or the curriculum offered by the [of a] school
8-12 or facility;
8-13 (2) ability of the school or facility to select and
8-14 supervise qualified personnel, and otherwise control the terms of
8-15 employment, including the right to employ individuals who share the
8-16 religious views of the school or facility;
8-17 (3) internal self-governance and autonomy of the
8-18 school or facility; or
8-19 (4) religious environment of the school or facility,
8-20 such as a symbol, art, icon, and scripture [sponsored by a
8-21 religious organization].
8-22 SECTION 3. The heading of Section 42.041, Human Resources
8-23 Code, is amended to read as follows:
8-24 Sec. 42.041. REQUIRED LICENSE OR ACCREDITATION.
8-25 SECTION 4. Sections 42.041(a) and (d), Human Resources Code,
8-26 are amended to read as follows:
8-27 (a) No person may operate a child-care facility or
9-1 child-placing agency without a license issued by the division or a
9-2 certificate to operate under accreditation issued by the department
9-3 under Subchapter E.
9-4 (d) A person operating or desiring to operate a child-care
9-5 facility that is exempt from the provisions of Subsection (a) of
9-6 this section may apply to the division for a license as provided in
9-7 Section 42.046 of this code. The division may not deny an exempt
9-8 facility a license on the ground that it is exempt from Subsection
9-9 (a) of this section. Unless accredited under Subchapter E, a [A]
9-10 facility exempt from the provisions of Subsection (a) of this
9-11 section that desires to receive or participate in federal or state
9-12 funding shall be required to comply with all other provisions of
9-13 this Act and with all regulations promulgated thereunder.
9-14 SECTION 5. Section 42.076(a), Human Resources Code, is
9-15 amended to read as follows:
9-16 (a) A person who operates a child-care facility or
9-17 child-placing agency without a license or certificate to operate
9-18 under accreditation under Subchapter E commits a Class B
9-19 misdemeanor.
9-20 SECTION 6. Section 43.003, Human Resources Code, is amended
9-21 to read as follows:
9-22 Sec. 43.003. LICENSE OR ACCREDITATION REQUIRED. (a) Except
9-23 as provided by Subsections [Subsection] (b) and (c) of this
9-24 section, a person may not serve as a child-care administrator of a
9-25 child-care institution without a license issued by the department
9-26 under this chapter.
9-27 (b) A person who is not licensed under this chapter may
10-1 serve as the child-care administrator of an emergency shelter
10-2 located in a county with a population of less than 40,000 if the
10-3 governing body of the shelter by resolution adopted by a majority
10-4 vote of the membership of the governing body certifies that the
10-5 shelter has made a reasonable effort to hire a licensed child-care
10-6 administrator but is unable to hire a licensed child-care
10-7 administrator.
10-8 (c) A person may serve as the child-care administrator of a
10-9 child-care institution if the person is accredited by a private
10-10 organization that has qualifications that apply to the child-care
10-11 administrators and that are substantially similar to or exceed the
10-12 state's qualifications, as determined by the department, with the
10-13 exception of those qualifications relating to the internal
10-14 self-governance of the child-care institution and to the
10-15 curriculum, teaching, or instruction of the institution. This
10-16 subsection applies only to a child-care institution that operates
10-17 under a certificate to operate under accreditation issued by the
10-18 department under Subchapter E, Chapter 42.
10-19 SECTION 7. Section 411.114(a)(2), Government Code, is
10-20 amended to read as follows:
10-21 (2) The Department of Protective and Regulatory
10-22 Services is entitled to obtain from the department criminal history
10-23 record information maintained by the department that relates to a
10-24 person who is:
10-25 (A) an applicant for a license, registration, or
10-26 certification under Chapter 42, Human Resources Code, or an
10-27 applicant for a certificate to operate under accreditation under
11-1 that chapter subject to Section 42.105, Human Resources Code;
11-2 (B) an owner or employee of or an applicant for
11-3 employment by a child-care facility licensed, registered, or
11-4 certified under Chapter 42, Human Resources Code, or by a
11-5 child-care facility or child-placing agency that has been approved
11-6 to operate under accreditation under that chapter subject to
11-7 Section 42.105, Human Resources Code [that chapter];
11-8 (C) a resident of a registered family home, but
11-9 not a child in the home's care or a parent of the child;
11-10 (D) an applicant for a position with the
11-11 Department of Protective and Regulatory Services, the duties of
11-12 which include direct delivery of protective services to children,
11-13 elderly persons, or persons with a disability;
11-14 (E) a volunteer or applicant volunteer with a
11-15 local affiliate in this state of Big Brothers/Big Sisters of
11-16 America;
11-17 (F) a volunteer or applicant volunteer with the
11-18 "I Have a Dream/Houston" program;
11-19 (G) an employee of, an applicant for employment
11-20 with, or a volunteer or an applicant volunteer with a business
11-21 entity or person that contracts with the Department of Protective
11-22 and Regulatory Services to provide direct delivery of protective
11-23 services to children, elderly persons, or persons with a
11-24 disability, if the person's duties or responsibilities include
11-25 direct contact with children, elderly persons, or persons with a
11-26 disability;
11-27 (H) a volunteer or applicant volunteer with the
12-1 Department of Protective and Regulatory Services;
12-2 (I) a volunteer or applicant volunteer with an
12-3 organization that provides court-appointed special advocates for
12-4 abused or neglected children;
12-5 (J) a person providing or applying to provide
12-6 adoptive or foster care for children in the care of the Department
12-7 of Protective and Regulatory Services and other adults living with
12-8 that person in the residence in which the child will reside;
12-9 (K) a Department of Protective and Regulatory
12-10 Services employee who is engaged in the direct delivery of
12-11 protective services to children, elderly persons, or persons with a
12-12 disability;
12-13 (L) a person who is the subject of a report the
12-14 department receives alleging that the person has abused or
12-15 neglected a child, an elderly person, or a person with a
12-16 disability, provided that report has proven to have merit;
12-17 (M) a relative providing or applying to provide
12-18 in-home care for a child in the care of the Department of
12-19 Protective and Regulatory Services and other adults living with
12-20 that relative in the residence in which the child will reside;
12-21 (N) a person providing child care for a child
12-22 who is in the care of the Department of Protective and Regulatory
12-23 Services and who is or will be receiving adoptive, foster, or
12-24 in-home care;
12-25 (O) a person providing, at the request of the
12-26 child's parent, in-home care for a child who is the subject of a
12-27 report alleging the child has been abused or neglected; [or]
13-1 (P) a volunteer or applicant volunteer with a
13-2 Texas chapter of the Make-a-Wish Foundation of America;
13-3 (Q) an operator of a child-care facility or
13-4 child-placing agency that has been issued a certificate to operate
13-5 under accreditation under Subchapter E, Chapter 42, Human Resources
13-6 Code, subject to Section 42.105, Human Resources Code; or
13-7 (R) a child-care administrator seeking
13-8 accreditation as provided by Section 43.003, Human Resources Code,
13-9 subject to Section 42.105, Human Resources Code.
13-10 SECTION 8. (a) This Act takes effect September 1, 1997.
13-11 (b) The Department of Protective and Regulatory Services
13-12 shall adopt rules under this Act not later than March 1, 1998.
13-13 SECTION 9. The importance of this legislation and the
13-14 crowded condition of the calendars in both houses create an
13-15 emergency and an imperative public necessity that the
13-16 constitutional rule requiring bills to be read on three several
13-17 days in each house be suspended, and this rule is hereby suspended.