SRC-DBM H.B. 908 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 908
By: Coleman (Zaffirini)
Human Services
5/10/1999
Engrossed


DIGEST 

Currently, the Special Senses and Communication Disorders Act, Chapter 36,
Health and Safety Code, requires each day-care center and group day-care
home to screen each child for vision and hearing disorders not later than
120 days after the admission of a child, to maintain screening records for
each child in attendance, and to provide the Texas Department of Health
(TDH) with an annual report which lists children in attendance, and dates
of vision and hearing screenings.  However, according to TDH, between 1996
and 1997, only 2,186 out of the 6,237 day-care centers and group day-care
homes operating in Texas complied with the reporting requirement.  H.B. 908
would enforce the screening requirements for vision, hearing, and other
special senses and communication disorders of children in certain licensed
child-care facilities. 

PURPOSE

As proposed, H.B. 908 enforces the screening requirements for vision,
hearing, and other special senses and communication disorders of children
in certain licensed child-care facilities. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Protective and
Regulatory Services in SECTION 1(Section 42.0431(a), Chapter 42C, Human
Resources Code) and SECTION 2 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 42C, Human Resources Code, by adding Section
42.0431, as follows: 

Sec. 42.0431.  ENFORCEMENT OF SCREENING REQUIREMENTS RELATING TO VISION,
HEARING, AND OTHER SPECIAL SENSES AND COMMUNICATION DISORDERS.  Requires
the Texas Department of Protective and Regulatory Services (department),
after consultation with the Texas Department of Health (TDH), to adopt
rules necessary to ensure that children receiving care at a day-care center
or group day-care home licensed under this chapter are screened for vision,
hearing, and any other special senses or communication disorders in
compliance with rules adopted by TDH under Section 36.004, Health and
Safety Code.  Requires each day-care center or group day-care home licensed
under this chapter to maintain individual screening records for children
attending the facility who are required to be screened, and the department
may inspect those records at any reasonable time.  Requires the department
to coordinate the monitoring inspections in compliance with protocol
agreements adopted between the department and TDH pursuant to Section
42.0442.  Provides that this section does not apply to a day-care or group
day-care center home operating under a certificate issued by the department
under Subchapter E. 

SECTION 2.  Requires the department to adopt rules required by Section
42.0431, Human Resources Code, as added by this Act, as soon as possible
after the effective date of this Act. 

SECTION 3.Emergency clause.
  Effective date: upon passage.