By Smithee                                      H.B. No. 2482

      75R3989 CLG-D                           

                                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 for

1-22     child-care facilities or child-placing agencies that are

1-23     substantially similar to or exceed the state's minimum standards

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

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

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

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

 2-4                 (2)  demonstrate a strong commitment to ensuring the

 2-5     provision of high-quality child-care services.

 2-6           (b)  An accreditation organization must file a copy of its

 2-7     minimum standards for child-care facilities or child-placing

 2-8     agencies with the department to enable the department to make its

 2-9     determination under Subsection (a).

2-10           Sec. 42.103.  APPROVED ACCREDITATION ORGANIZATION.  (a)  The

2-11     department shall approve an accreditation organization under this

2-12     subchapter if the department determines that the accreditation

2-13     organization has satisfied the requirements prescribed by this

2-14     subchapter.

2-15           (b)  An approval granted by the department under this section

2-16     is valid for one year.

2-17           (c)  The department shall prescribe an annual renewal

2-18     procedure for an approved accreditation organization that ensures

2-19     continued compliance with this subchapter.

2-20           Sec. 42.104.  APPLICATION FOR APPROVAL TO OPERATE UNDER

2-21     ACCREDITATION.  (a)  A child-care facility or child-placing agency

2-22     that is accredited by an approved accreditation organization may

2-23     apply with the department for approval to operate under that

2-24     accreditation by filing:

2-25                 (1)  an application in a simple form prescribed by the

2-26     department;

2-27                 (2)  a copy of the certificate, license, or award

 3-1     letter of accreditation from the accreditation body showing that

 3-2     the facility or agency is accredited; and

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

 3-4     agency or facility from the accreditation body.

 3-5           (b)  In addition to any fee that may be required under

 3-6     Section 411.114(b), Government Code, the department may charge an

 3-7     applicant a single administrative fee in a reasonable amount that

 3-8     is sufficient to cover the costs of the department in processing

 3-9     and acting on the application.

3-10           (c)  The department shall approve or deny an application not

3-11     later than the 30th day after the date on which the department

3-12     receives the application.

3-13           Sec. 42.105.  BACKGROUND AND CRIMINAL HISTORY CHECKS.  (a)

3-14     If the approved accreditation organization does not conduct

3-15     background and criminal history checks on the operator or employees

3-16     of a child-care facility or child-placing agency, the department

3-17     may conduct background and criminal history checks using the

3-18     information made available by the Department of Public Safety under

3-19     Section 411.114, Government Code.

3-20           (b)  The department by rule may provide for denial of an

3-21     application or renewal of a certificate to operate under

3-22     accreditation or may revoke the certificate based on the results of

3-23     a background or criminal history check conducted by the department

3-24     under this section.

3-25           Sec. 42.106.  ACCEPTANCE OF ACCREDITATION INSTEAD OF LICENSE.

3-26     (a)  Except as provided by Section 42.105(b), the department shall

3-27     issue a certificate of approval to operate under accreditation to

 4-1     an applicant if:

 4-2                 (1)  the applicant submits all of the information

 4-3     required by Section 42.104(a);

 4-4                 (2)  the applicant remits any required administrative

 4-5     fee under Section 42.104(b); and

 4-6                 (3)  the department verifies that the applicant is

 4-7     accredited by and in good standing with an approved accreditation

 4-8     organization.

 4-9           (b)  A certificate issued under this section is not

4-10     transferrable and applies only to the operator stated in the

4-11     application.

4-12           (c)  A certificate is valid for one year.

4-13           Sec. 42.107.  RENEWAL OF CERTIFICATE.  The department shall

4-14     provide for an annual renewal of a certificate issued to an

4-15     operator of a child-care facility or child-placing agency under

4-16     Section 42.106.  The department shall renew the certificate if the

4-17     child-care facility or child-placing agency maintains accreditation

4-18     from the approved accreditation organization.

4-19           Sec. 42.108.  NOTIFICATION OF REVOCATION OR WITHDRAWAL OF

4-20     ACCREDITATION.  Not later than the seventh day after the date on

4-21     which an approved accreditation organization revokes or withdraws

4-22     the accreditation of a child-care facility or child-placing agency

4-23     that is exempt from licensing under this subchapter, the

4-24     organization shall notify the department of the revocation or

4-25     withdrawal.

4-26           Sec. 42.109.  REVOCATION OR WITHDRAWAL OF APPROVAL TO OPERATE

4-27     UNDER ACCREDITATION.  (a)  A holder of a certificate issued under

 5-1     Section 42.106 may not operate a child-care facility or child-care

 5-2     placing agency under this subchapter if an accreditation

 5-3     organization has revoked or withdrawn the accreditation of the

 5-4     child-care facility or child-placing agency, unless the department

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

 5-6     license.

 5-7           (b)  The department may adopt rules as necessary to implement

 5-8     this section.

 5-9           Sec. 42.110.  AUTHORITY TO CONDUCT LIMITED INSPECTIONS.  (a)

5-10     The department may inspect a child-care facility or child-placing

5-11     agency if the department has received a complaint of  child abuse

5-12     or neglect occurring at the facility or agency, as defined by

5-13     Section 261.001, Family Code.

5-14           (b)  This chapter does not affect the authority of local,

5-15     regional, or state health department officials, the state fire

5-16     marshal, or local fire prevention officials to inspect a child-care

5-17     facility or child-placing agency that is approved to operate under

5-18     accreditation under this subchapter.

5-19           SECTION 2.  Section 42.001, Human Resources Code, is amended

5-20     to read as follows:

5-21           Sec. 42.001.  PURPOSE.  The purpose of this chapter is to

5-22     protect the health, safety, and well-being of the children of the

5-23     state who reside in child-care facilities by establishing statewide

5-24     minimum standards for their safety and protection and by regulating

5-25     the facilities through a licensing program or by requiring

5-26     child-care facilities to be regulated by alternative accreditation

5-27     bodies.  It is the policy of the state to ensure the protection of

 6-1     all children under care in child-care facilities and to encourage

 6-2     and assist in  the improvement of child-care programs.  It is also

 6-3     the intent of the legislature that freedom of religion of all

 6-4     citizens is inviolate.  With respect to a school or child-care

 6-5     facility sponsored by a religious organization, [and] nothing in

 6-6     this chapter  gives a governmental agency authority to regulate,

 6-7     control, supervise, or in any way be involved in the:

 6-8                 (1)  form, manner, or content of religious instruction,

 6-9     ministry, teaching, or the curriculum offered by the [of a] school

6-10     or facility;

6-11                 (2)  ability of the school or facility to employ

6-12     qualified personnel who share the religious views of the school or

6-13     facility;

6-14                 (3)  internal self-governance and autonomy of the

6-15     school or facility; or

6-16                 (4)  religious environment of the school or facility,

6-17     such as a symbol, art, icon, and scripture [sponsored by a

6-18     religious organization].

6-19           SECTION 3.  The heading of Section 42.041, Human Resources

6-20     Code, is amended to read as follows:

6-21           Sec. 42.041.  REQUIRED LICENSE OR ACCREDITATION.

6-22           SECTION 4.  Section 42.041(a), Human Resources Code, is

6-23     amended to read as follows:

6-24           (a)  No person may operate a child-care facility or

6-25     child-placing agency without a license issued by the division or a

6-26     certificate to operate under accreditation issued by the department

6-27     under Subchapter E.

 7-1           SECTION 5.  Section 42.076(a), Human Resources Code, is

 7-2     amended to read as follows:

 7-3           (a)  A person who operates a child-care facility or

 7-4     child-placing agency without a license or certificate to operate

 7-5     under accreditation under Subchapter E commits a Class B

 7-6     misdemeanor.

 7-7           SECTION 6.  Section 43.003, Human Resources Code, is amended

 7-8     to read as follows:

 7-9           Sec. 43.003.  LICENSE OR ACCREDITATION REQUIRED.  (a)  Except

7-10     as provided by Subsections [Subsection] (b) and (c) of this

7-11     section, a person may not serve as a child-care administrator of a

7-12     child-care institution without a license issued by the department

7-13     under this chapter.

7-14           (b)  A person who is not licensed under this chapter may

7-15     serve as the child-care administrator of an emergency shelter

7-16     located in a county with a population of less than 40,000 if the

7-17     governing body of the shelter by resolution adopted by a majority

7-18     vote of the membership of the governing body certifies that the

7-19     shelter has made a reasonable effort to hire a licensed child-care

7-20     administrator but is unable to hire a licensed child-care

7-21     administrator.

7-22           (c)  A person may serve as the child-care administrator of a

7-23     child-care institution if the person is accredited by a private

7-24     organization that has minimum standards that apply to the

7-25     child-care administrators and that are substantially similar to or

7-26     exceed the state's minimum standards, as determined by the

7-27     department, with the exception of those standards relating to the

 8-1     internal self-governance of the child-care institution and to the

 8-2     curriculum, teaching, or instruction of the institution.  This

 8-3     subsection applies only to a child-care institution that operates

 8-4     under a certificate to operate under accreditation issued by the

 8-5     department under Subchapter E, Chapter 42.

 8-6           SECTION 7.  Section 411.114(a)(2), Government Code, is

 8-7     amended to read as follows:

 8-8                 (2)  The Department of Protective and Regulatory

 8-9     Services is entitled to obtain from the department criminal history

8-10     record information maintained by the department that relates to a

8-11     person who is:

8-12                       (A)  an applicant for a license, registration, or

8-13     certification under Chapter 42, Human Resources Code, or an

8-14     applicant for a certificate to operate under accreditation under

8-15     that chapter subject to Section 42.106, Human Resources Code;

8-16                       (B)  an owner or employee of or an applicant for

8-17     employment by a child-care facility licensed, registered, or

8-18     certified under Chapter 42, Human Resources Code, or by a

8-19     child-care facility or child-placing agency that has been approved

8-20     to operate under accreditation under that chapter subject to

8-21     Section 42.106, Human Resources Code [that chapter];

8-22                       (C)  a resident of a registered family home, but

8-23     not a child in the home's care or a parent of the child;

8-24                       (D)  an applicant for a position with the

8-25     Department of Protective and Regulatory Services, the duties of

8-26     which include direct delivery of protective services to children,

8-27     elderly persons, or persons with a disability;

 9-1                       (E)  a volunteer or applicant volunteer with a

 9-2     local affiliate in this state of Big Brothers/Big Sisters of

 9-3     America;

 9-4                       (F)  a volunteer or applicant volunteer with the

 9-5     "I Have a Dream/Houston" program;

 9-6                       (G)  an employee of, an applicant for employment

 9-7     with, or a volunteer or an applicant volunteer with a business

 9-8     entity or person that contracts with the Department of Protective

 9-9     and Regulatory Services to provide direct delivery of protective

9-10     services to children, elderly persons, or persons with a

9-11     disability, if the person's duties or responsibilities include

9-12     direct contact with children, elderly persons, or persons with a

9-13     disability;

9-14                       (H)  a volunteer or applicant volunteer with the

9-15     Department of Protective and Regulatory Services;

9-16                       (I)  a volunteer or applicant volunteer with an

9-17     organization that provides court-appointed special advocates for

9-18     abused or neglected children;

9-19                       (J)  a person providing or applying to provide

9-20     adoptive or foster care for children in the care of the Department

9-21     of Protective and Regulatory Services and other adults living with

9-22     that person in the residence in which the child will reside;

9-23                       (K)  a Department of Protective and Regulatory

9-24     Services employee who is engaged in the direct delivery of

9-25     protective services to children, elderly persons, or persons with a

9-26     disability;

9-27                       (L)  a person who is the subject of a report the

 10-1    department receives alleging that the person has abused or

 10-2    neglected a child, an elderly person, or a person with a

 10-3    disability, provided that report has proven to have merit;

 10-4                      (M)  a relative providing or applying to provide

 10-5    in-home care for a child in the care of the Department of

 10-6    Protective and Regulatory Services and other adults living with

 10-7    that relative in the residence in which the child will reside;

 10-8                      (N)  a person providing child care for a child

 10-9    who is in the care of the Department of Protective and Regulatory

10-10    Services and who is or will be receiving adoptive, foster, or

10-11    in-home care;

10-12                      (O)  a person providing, at the request of the

10-13    child's parent, in-home care for a child who is the subject of a

10-14    report alleging the child has been abused or neglected; or

10-15                      (P)  a volunteer or applicant volunteer with a

10-16    Texas chapter of the Make-a-Wish Foundation of America.

10-17          SECTION 8.  This Act takes effect September 1, 1997.

10-18          SECTION 9.  The importance of this legislation and the

10-19    crowded condition of the calendars in both houses create an

10-20    emergency and an imperative public necessity that the

10-21    constitutional rule requiring bills to be read on three several

10-22    days in each house be suspended, and this rule is hereby suspended.