SRC-TBR H.B. 1178 77(R)BILL ANALYSIS


Senate Research CenterH.B. 1178
By: Wohlgemuth (Zaffirini)
Health & Human Services
4/23/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Since 1991, the Texas Department of Protective and Regulatory Services
(PRS) has been charged with regulating out-of-home child care services. In
1996, the Sunset Advisory Commission reviewed PRS, and in 1997, the Texas
Legislature reenacted its functions with some modifications and amendments
in Senate Bill 359. During the same session, the licensing provisions of
PRS were updated in Senate Bill 1539. To ensure the passage of the
licensing updates, the provisions of the licensing bill were amended to the
Sunset bill. Also that session, H.B. 155 addressed services provided in a
caretaker's home for the care of one to three children and created a new
category of child care known as Listed Family Homes. When all three bills
passed amending the same sections of code and addressing the same
provisions, they created duplicate and conflicting language. In order to
give effect to all three pieces of legislation passed in the 75th Session,
the duplicate provisions need to be eliminated and other sections require
clarification.  H.B. 1178 eliminates duplicate sections and clarifies the
remaining provisions of child care licensing law to be consistent with the
three bills previously enacted.  


RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Reenacts Section 42.001, Human Resources Code, as amended by
Chapters 664 and 1063, Acts of the 75th Legislature, Regular Session, 1997. 

SECTION 2.  Reenacts Section 42.002(3), Human Resources Code, as amended by
Chapters 1022 and 1063, Acts of the 75th Legislature, Regular Session,
1997. 

SECTION 3.  Reenacts Section 42.041(b), Human Resources Code, as amended by
Chapters 1063 and 1217, Acts of the 75th Legislature, Regular Session,
1997. 

SECTION 4.  Reenacts Section 42.042(g), Human Resources Code, as amended by
Chapters 1063 and 1217, Acts of the 75th Legislature, Regular Session,
1997. 

SECTION 5.  Reenacts Section 42.044(c), Human Resources Code, as amended by
Chapters 1022 and 1063, Acts of the 75th Legislature, Regular Session,
1997. 

SECTION 6.  Reenacts Section 42.052(c), Human Resources Code, as amended by
Chapters 1022, 1063, and 1217, Acts of the 75th Legislature, Regular
Session, 1997. 

SECTION 7.  Reenacts Section 42.052(f), Human Resources Code, as amended by
Chapters 1022, 1063, and 1217, Acts of the 75th Legislature, Regular
Session, 1997. 

SECTION 8.  Repealer: Section 42.052(j), Human Resources Code, as added by
Chapter 1217, Acts  of the 75th Legislature, Regular Session, 1997. 

SECTION 9.  Repealer: Section 42.057, Human Resources Code, as added by
Chapter 1022, Acts of the 75th Legislature, Regular Session, 1997. 

SECTION 10.  Repealer: Section 42.057, Human Resources Code, as added by
Chapter 1217, Acts of the 75th Legislature, Regular Session, 1997. 

SECTION 11.  Reenacts Section 42.072(d), Human Resources Code, as amended
by Chapters 1022, 1063, and 1217, Acts of the 75th Legislature, Regular
Session, 1997. 

SECTION 12.  Repealer: Section 44.061 (State Advisory Committee), Human
Resources Code. 

SECTION 13.  Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Amends H.B. 1178 by adding SECTION 12 and renumbering original SECTION 12
as SECTION 13.