By Sibley, et al. S.B. No. 1071
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.