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 * * * * *