1-1     By:  Smithee, et al. (Senate Sponsor - Sibley)        H.B. No. 2482

 1-2           (In the Senate - Received from the House May 6, 1997;

 1-3     May 7, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 17, 1997, reported favorably, as amended,

 1-5     by the following vote:  Yeas 8, Nays 1; May 17, 1997, sent to

 1-6     printer.)

 1-7     COMMITTEE AMENDMENT NO. 1                             By:  Moncrief

 1-8     Amend HB 2482 as follows:

 1-9     1)  On page 1, line 44, strike "and".

1-10     2)  On page 1, line 45, insert the following between "(2)" and

1-11     "demonstrate":

1-12           not have any person serve as a member of the governing body

1-13     of the accrediting organization who has a proprietary or financial

1-14     interest in a child care facility or child-placing agency that is

1-15     accredited by the accrediting organization; and

1-16           (3)

1-17                            A BILL TO BE ENTITLED

1-18                                   AN ACT

1-19     relating to the establishment of an accreditation program for

1-20     child-care facilities and child-placing agencies as an alternative

1-21     to state licensure; providing a criminal penalty.

1-22           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-23           SECTION 1.  Chapter 42, Human Resources Code, is amended by

1-24     adding Subchapter E to read as follows:

1-25          SUBCHAPTER E.  ACCREDITATION OF CHILD-CARE FACILITIES AND

1-26                           CHILD-PLACING AGENCIES

1-27           Sec. 42.101.  ALTERNATIVE ACCREDITATION PROGRAM.  The

1-28     department shall establish a streamlined procedure by which the

1-29     department authorizes a child-care facility or child-placing agency

1-30     that is otherwise required to obtain a license under Subchapter C

1-31     to operate the facility or agency without a license if the facility

1-32     or agency is  accredited by an accreditation organization approved

1-33     by the department.

1-34           Sec. 42.102.  ACCREDITATION ORGANIZATION.  (a)  To qualify

1-35     for approval by the department under Section 42.101, an

1-36     accreditation organization must:

1-37                 (1)  be a recognized private organization that

1-38     promulgates, publishes, and requires compliance with standards and

1-39     inspection procedures for child-care facilities or child-placing

1-40     agencies that meet or exceed the state's minimum requirements for

1-41     child-care facilities and child-placing agencies under Subchapter

1-42     C, with the exception of standards relating to the internal

1-43     self-governance of a facility or agency and to the curriculum,

1-44     teaching, or instruction of the facility or agency; and

1-45                 (2)  demonstrate a strong commitment to ensuring the

1-46     provision of high-quality child-care services.

1-47           (b)  An accreditation organization must file a copy of its

1-48     minimum standards and inspection procedures for child-care

1-49     facilities or child-placing agencies with the department to enable

1-50     the department to make its determination under Subsection (a).

1-51           Sec. 42.103.  APPROVED ACCREDITATION ORGANIZATION.  (a)  The

1-52     department shall approve an accreditation organization under this

1-53     subchapter if the department determines that the accreditation

1-54     organization has satisfied the requirements prescribed by this

1-55     subchapter.

1-56           (b)  An approval granted by the department under this section

1-57     is valid for one year.

1-58           (c)  The department shall prescribe an annual renewal

1-59     procedure for an approved accreditation organization that ensures

1-60     continued compliance with this subchapter.

1-61           (d)  The department may use the remedies specified in

1-62     Subchapter D to address exigent situations in which an approved

1-63     accreditation organization does not timely correct an action that

1-64     endangers the health and safety of children.

 2-1           Sec. 42.104.  REGISTRATION TO OPERATE UNDER  ACCREDITATION.

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

 2-3     accredited by an approved accreditation organization may register

 2-4     with the department to operate under that accreditation by filing:

 2-5                 (1)  a registration in a simple form prescribed by the

 2-6     department;

 2-7                 (2)  a copy of the certificate, license, or award

 2-8     letter of accreditation from the accreditation body showing that

 2-9     the facility or agency is accredited; and

2-10                 (3)  a copy of the written accreditation report of the

2-11     agency or facility from the accreditation body.

2-12           (b)  In addition to any fee that may be required under

2-13     Section 411.114(b), Government Code, the department may charge a

2-14     child-care facility or child-placing agency a single administrative

2-15     fee in a reasonable amount that is sufficient to cover the costs of

2-16     the department in processing and acting on the registration.

2-17           (c)  The department shall process and act on a registration

2-18     not later than the 30th day after the date on which the department

2-19     receives all of the required information.

2-20           Sec. 42.105.  BACKGROUND AND CRIMINAL HISTORY CHECKS.  (a)

2-21     An approved accreditation organization shall obtain from the

2-22     department information from the central registry of reported cases

2-23     of child abuse or neglect established under Section 261.002, Family

2-24     Code, and information from the Department of Public Safety under

2-25     Section 411.114, Government Code, for purposes of reviewing the

2-26     general character and fitness of:

2-27                 (1)  a child-care administrator seeking accreditation

2-28     under Section 43.003;

2-29                 (2)  a person who registers with the department to

2-30     operate under this subchapter or a holder of a certificate issued

2-31     under this subchapter;

2-32                 (3)  an operator of a child-care facility or

2-33     child-placing agency accredited by the organization and seeking to

2-34     register with the department under Section 42.104 or issued a

2-35     certificate to operate under that accreditation under this

2-36     subchapter; and

2-37                 (4)  an employee of or an applicant for employment by a

2-38     child-care facility or child-placing agency accredited by the

2-39     organization and seeking to register with the department under

2-40     Section 42.104 or issued a certificate to operate under that

2-41     accreditation under this chapter.

2-42           (b)  The department by rule may provide for not issuing or

2-43     not renewing a certificate to operate under accreditation or may

2-44     revoke a certificate based on the results of a background or

2-45     criminal history check conducted by the department under this

2-46     section.

2-47           Sec. 42.106.  ACCEPTANCE OF ACCREDITATION INSTEAD OF LICENSE.

2-48     (a)  Except as provided by Section 42.105(b), the department shall

2-49     issue a certificate to operate under accreditation to a child-care

2-50     facility or child-placing agency that registers with the department

2-51     under Section 42.104 if:

2-52                 (1)  the facility or agency submits all of the

2-53     information required by Section 42.104(a);

2-54                 (2)  the facility or agency remits any required

2-55     administrative fee under Section 42.104(b); and

2-56                 (3)  the department verifies that the facility or

2-57     agency is  accredited by and in good standing with an approved

2-58     accreditation  organization.

2-59           (b)  A certificate issued under this section is not

2-60     transferrable and applies only to the operator named in the

2-61     registration.

2-62           (c)  A certificate is valid for one year.

2-63           Sec. 42.107.  RENEWAL OF CERTIFICATE.  The department shall

2-64     provide for an annual renewal of a certificate issued to an

2-65     operator of a child-care facility or child-placing agency under

2-66     Section 42.106.  The department shall renew the certificate if the

2-67     child-care facility or child-placing agency maintains accreditation

2-68     from the approved accreditation organization.

2-69           Sec. 42.108.  NOTIFICATION OF REVOCATION OR WITHDRAWAL OF

 3-1     ACCREDITATION.  Not later than the seventh day after the date on

 3-2     which an approved accreditation organization revokes or withdraws

 3-3     the accreditation of a child-care facility or child-placing agency

 3-4     that is exempt from licensing under this subchapter, the

 3-5     organization shall notify the department of the revocation or

 3-6     withdrawal.

 3-7           Sec. 42.109.  REVOCATION OR WITHDRAWAL OF APPROVAL TO OPERATE

 3-8     UNDER ACCREDITATION.  (a)  A holder of a certificate issued under

 3-9     Section 42.106 may not operate a child-care facility or child-care

3-10     placing agency under this subchapter if an accreditation

3-11     organization has revoked or withdrawn the accreditation of the

3-12     child-care facility or child-placing agency, unless the department

3-13     grants the holder a license under Subchapter C  or a provisional

3-14     license.

3-15           (b)  The department may adopt rules as necessary to implement

3-16     this section.

3-17           Sec. 42.110.  AUTHORITY TO CONDUCT LIMITED INSPECTIONS.  (a)

3-18     The department may inspect a child-care facility or child-placing

3-19     agency that has received a certificate to operate under

3-20     accreditation as provided by Section 42.106 if:

3-21                 (1)  the department has received a complaint or report

3-22     of  child abuse or neglect alleged to have occurred at the facility

3-23     or agency; or

3-24                 (2)  the department has received a complaint indicating

3-25     that despite efforts made by an accreditation organization approved

3-26     under Section 42.103, a facility or agency certified to operate

3-27     under accreditation under Section 42.104 has violated the standards

3-28     of the accreditation organization and the violation creates an

3-29     immediate threat to the health or safety of children attending or

3-30     residing in the facility or agency.

3-31           (b)  This chapter does not affect the authority of local,

3-32     regional, or state health department officials, the state fire

3-33     marshal, or local fire prevention officials to inspect a child-care

3-34     facility or child-placing agency that is certified to operate under

3-35     accreditation under this subchapter.

3-36           (c)  If, as provided by Subsection (a), the department has

3-37     inspected a child-care facility or child-placing agency that has

3-38     received a certificate to operate under accreditation as provided

3-39     by Section 42.106, the department may require the facility or

3-40     agency to take appropriate corrective action to eliminate any

3-41     violations of the standards of the accreditation organization or

3-42     such other action as the department determines necessary to ensure

3-43     the health or safety of the children attending or residing in the

3-44     facility or agency. The department may continue to inspect the

3-45     facility or agency until corrective action has been taken and for

3-46     such reasonable time after corrective action to ensure continued

3-47     compliance with standards.

3-48           Sec. 42.111.  EMERGENCY SUSPENSION OF CHILD-CARE FACILITY OR

3-49     CHILD-PLACING AGENCY.  (a)  The department shall suspend a

3-50     certificate of a child-care facility or child-placing agency issued

3-51     under Section 42.041 and, if appropriate, place the children

3-52     attending or residing in the facility or agency elsewhere if:

3-53                 (1)  the department finds the facility or agency is

3-54     operating in violation of the standards of its accrediting

3-55     organization; and

3-56                 (2)  the violation creates an immediate threat to the

3-57     health and safety of the children attending or residing in the

3-58     facility or agency.

3-59           (b)  An order suspending the certificate of a child-care

3-60     facility or child-placing agency is immediately effective on the

3-61     date on which the certificate holder receives written notice or on

3-62     a later date specified in the order.

3-63           (c)  An order is valid for 10 days after the effective date

3-64     of the order.

3-65           (d)  The suspension of a certificate and the appeal from that

3-66     action are governed by the procedures for a contested case hearing

3-67     under Chapter 2001, Government Code.

3-68           SECTION 2.  Section 42.001, Human Resources Code, is amended

3-69     to read as follows:

 4-1           Sec. 42.001.  PURPOSE.  The purpose of this chapter is to

 4-2     protect the health, safety, and well-being of the children of the

 4-3     state who reside in child-care facilities by establishing statewide

 4-4     minimum standards for their safety and protection and by regulating

 4-5     the facilities through a licensing program or by requiring

 4-6     child-care facilities to be regulated by alternative accreditation

 4-7     bodies.  It is the policy of the state to ensure the protection of

 4-8     all children under care in child-care facilities and to encourage

 4-9     and assist in  the improvement of child-care programs.  It is also

4-10     the intent of the legislature that freedom of religion of all

4-11     citizens is inviolate.  With respect to a school or child-care

4-12     facility sponsored by a religious organization, [and] nothing in

4-13     this chapter  gives a governmental agency authority to regulate,

4-14     control, supervise, or in any way be involved in the:

4-15                 (1)  form, manner, or content of religious instruction,

4-16     ministry, teaching, or the curriculum offered by the [of a] school

4-17     or facility;

4-18                 (2)  ability of the school or facility to select and

4-19     supervise qualified personnel, and otherwise control the terms of

4-20     employment, including the right to employ individuals who share the

4-21     religious views of the school or facility;

4-22                 (3)  internal self-governance and autonomy of the

4-23     school or facility; or

4-24                 (4)  religious environment of the school or facility,

4-25     such as symbols, art, icons, and scripture [sponsored by a

4-26     religious organization].

4-27           SECTION 3.  The heading of Section 42.041, Human Resources

4-28     Code, is amended to read as follows:

4-29           Sec. 42.041.  REQUIRED LICENSE OR ACCREDITATION.

4-30           SECTION 4.  Sections 42.041(a) and (d), Human Resources Code,

4-31     are amended to read as follows:

4-32           (a)  No person may operate a child-care facility or

4-33     child-placing agency without a license issued by the division or a

4-34     certificate to operate under accreditation issued by the department

4-35     under Subchapter E.

4-36           (d)  A person operating or desiring to operate a child-care

4-37     facility that is exempt from the provisions of Subsection (a)  of

4-38     this section may apply to the division for a license as provided in

4-39     Section 42.046 of this code.  The division may not deny an exempt

4-40     facility a license on the ground that it is exempt from Subsection

4-41     (a)  of this section.  Unless accredited under Subchapter E, a [A]

4-42     facility exempt from the provisions of Subsection (a)  of this

4-43     section that desires to receive or participate in federal or state

4-44     funding shall be required to comply with all other provisions of

4-45     this Act and with all regulations promulgated thereunder.

4-46           SECTION 5.  Section 42.076(a), Human Resources Code, is

4-47     amended to read as follows:

4-48           (a)  A person who operates a child-care facility or

4-49     child-placing agency without a license or certificate to operate

4-50     under accreditation under Subchapter E commits a Class B

4-51     misdemeanor.

4-52           SECTION 6.  Section 43.003, Human Resources Code, is amended

4-53     to read as follows:

4-54           Sec. 43.003.  LICENSE OR ACCREDITATION REQUIRED.  (a)  Except

4-55     as provided by Subsections [Subsection] (b) and (c) of this

4-56     section, a person may not serve as a child-care administrator of a

4-57     child-care institution without a license issued by the department

4-58     under this chapter.

4-59           (b)  A person who is not licensed under this chapter may

4-60     serve as the child-care administrator of an emergency shelter

4-61     located in a county with a population of less than 40,000 if the

4-62     governing body of the shelter by resolution adopted by a majority

4-63     vote of the membership of the governing body certifies that the

4-64     shelter has made a reasonable effort to hire a licensed child-care

4-65     administrator but is unable to hire a licensed child-care

4-66     administrator.

4-67           (c)  A person may serve as the child-care administrator of a

4-68     child-care institution if the person is accredited by a private

4-69     organization that has qualifications that apply to the child-care

 5-1     administrators and that meet or exceed the state's qualifications,

 5-2     as determined by the department, with the exception of those

 5-3     qualifications relating to the internal self-governance of the

 5-4     child-care institution and to the curriculum, teaching, or

 5-5     instruction of the institution.  This subsection applies only to a

 5-6     child-care institution that operates under a certificate to operate

 5-7     under accreditation issued by the department under Subchapter E,

 5-8     Chapter 42.

 5-9           SECTION 7.  Section 411.114(a)(2), Government Code, is

5-10     amended to read as follows:

5-11                 (2)  The Department of Protective and Regulatory

5-12     Services is entitled to obtain from the department criminal history

5-13     record information maintained by the department that relates to a

5-14     person who is:

5-15                       (A)  an applicant for a license, registration, or

5-16     certification under Chapter 42, Human Resources Code, or a person

5-17     who registers with or has been issued a certificate to operate

5-18     under accreditation by the Department of Protective and Regulatory

5-19     Services under Subchapter E, Chapter 42, Human Resources Code;

5-20                       (B)  an owner or employee of or an applicant for

5-21     employment by a child-care facility licensed, registered, or

5-22     certified under Chapter 42, Human Resources Code, or by a

5-23     child-care facility or child-placing agency that is seeking to

5-24     register with or has been issued a certificate to operate under

5-25     accreditation by the Department of Protective and Regulatory

5-26     Services under Subchapter E, Chapter 42, Human Resources Code [that

5-27     chapter];

5-28                       (C)  a resident of a registered family home, but

5-29     not a child in the home's care or a parent of the child;

5-30                       (D)  an applicant for a position with the

5-31     Department of Protective and Regulatory Services, the duties of

5-32     which include direct delivery of protective services to children,

5-33     elderly persons, or persons with a disability;

5-34                       (E)  a volunteer or applicant volunteer with a

5-35     local affiliate in this state of Big Brothers/Big Sisters of

5-36     America;

5-37                       (F)  a volunteer or applicant volunteer with the

5-38     "I Have a Dream/Houston" program;

5-39                       (G)  an employee of, an applicant for employment

5-40     with, or a volunteer or an applicant volunteer with a business

5-41     entity or person that contracts with the Department of Protective

5-42     and Regulatory Services to provide direct delivery of protective

5-43     services to children, elderly persons, or persons with a

5-44     disability, if the person's duties or responsibilities include

5-45     direct contact with children, elderly persons, or persons with a

5-46     disability;

5-47                       (H)  a volunteer or applicant volunteer with the

5-48     Department of Protective and Regulatory Services;

5-49                       (I)  a volunteer or applicant volunteer with an

5-50     organization that provides court-appointed special advocates for

5-51     abused or neglected children;

5-52                       (J)  a person providing or applying to provide

5-53     adoptive or foster care for children in the care of the Department

5-54     of Protective and Regulatory Services and other adults living with

5-55     that person in the residence in which the child will reside;

5-56                       (K)  a Department of Protective and Regulatory

5-57     Services employee who is engaged in the direct delivery of

5-58     protective services to children, elderly persons, or persons with a

5-59     disability;

5-60                       (L)  a person who is the subject of a report the

5-61     department receives alleging that the person has abused or

5-62     neglected a child, an elderly person, or a person with a

5-63     disability, provided that report has proven to have merit;

5-64                       (M)  a relative providing or applying to provide

5-65     in-home care for a child in the care of the Department of

5-66     Protective and Regulatory Services and other adults living with

5-67     that relative in the residence in which the child will reside;

5-68                       (N)  a person providing child care for a child

5-69     who is in the care of the Department of Protective and Regulatory

 6-1     Services and who is or will be receiving adoptive, foster, or

 6-2     in-home care;

 6-3                       (O)  a person providing, at the request of the

 6-4     child's parent, in-home care for a child who is the subject of a

 6-5     report alleging the child has been abused or neglected; [or]

 6-6                       (P)  a volunteer or applicant volunteer with a

 6-7     Texas chapter of the Make-a-Wish Foundation of America;

 6-8                       (Q)  an operator of a child-care facility or

 6-9     child-placing agency that is seeking to register with or has been

6-10     issued a certificate to operate under accreditation by the

6-11     Department of Protective and Regulatory Services under Subchapter

6-12     E, Chapter 42, Human Resources Code, subject to Section 42.105,

6-13     Human Resources Code; or

6-14                       (R)  a child-care administrator seeking

6-15     accreditation as provided by Section 43.003, Human Resources Code.

6-16           SECTION 8.  (a)  This Act takes effect September 1, 1997.

6-17           (b)  The Department of Protective and Regulatory Services

6-18     shall adopt rules under this Act not later than March 1, 1998.

6-19           SECTION 9.  The importance of this legislation and the

6-20     crowded condition of the calendars in both houses create an

6-21     emergency and an imperative public necessity that the

6-22     constitutional rule requiring bills to be read on three several

6-23     days in each house be suspended, and this rule is hereby suspended.

6-24                                  * * * * *