By Smithee                                            H.B. No. 2825
         77R8116 KKA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to continuation of an accreditation program for child-care
 1-3     facilities and child-placing agencies as an alternative to state
 1-4     licensure; providing a penalty.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter E, Chapter 42, Human Resources Code, is
 1-7     reenacted and amended 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 and
1-22     inspection procedures for child-care facilities or child-placing
1-23     agencies that meet or exceed the state's minimum requirements for
1-24     child-care facilities and child-placing agencies under Subchapter
 2-1     C, with the exception of standards relating to the internal
 2-2     self-governance of a facility or agency and to the curriculum,
 2-3     teaching, or instruction of the facility or agency;
 2-4                 (2)  not have any person serve as a member of the
 2-5     governing body of the accrediting organization who has a
 2-6     proprietary or financial interest in a child-care facility or
 2-7     child-placing agency that is accredited by the accrediting
 2-8     organization; and
 2-9                 (3)  demonstrate a strong commitment to ensuring the
2-10     provision of high-quality child-care services.
2-11           (b)  An accreditation organization must file a copy of its
2-12     minimum standards and inspection procedures for child-care
2-13     facilities or child-placing agencies with the department to enable
2-14     the department to make its determination under Subsection (a).
2-15           Sec. 42.103.  APPROVED ACCREDITATION ORGANIZATION.  (a)  The
2-16     department shall approve an accreditation organization under this
2-17     subchapter if the department determines that the accreditation
2-18     organization has satisfied the requirements prescribed by this
2-19     subchapter.
2-20           (b)  An approval granted by the department under this section
2-21     is valid for one year.
2-22           (c)  The department shall prescribe an annual renewal
2-23     procedure for an approved accreditation organization that ensures
2-24     continued compliance with this subchapter.
2-25           (d)  The department may use the remedies specified in
2-26     Subchapter D to address exigent situations in which an approved
2-27     accreditation organization does not timely correct an action that
 3-1     endangers the health and safety of children.
 3-2           Sec. 42.104.  REGISTRATION TO OPERATE UNDER ACCREDITATION.
 3-3     (a)  A child-care facility or child-placing agency that is
 3-4     accredited by an approved accreditation organization may register
 3-5     with the department to operate under that accreditation by filing:
 3-6                 (1)  a registration in a simple form prescribed by the
 3-7     department;
 3-8                 (2)  a copy of the certificate, license, or award
 3-9     letter of accreditation from the accreditation body showing that
3-10     the facility or agency is accredited; and
3-11                 (3)  a copy of the written accreditation report of the
3-12     agency or facility from the accreditation body.
3-13           (b)  In addition to any fee that may be required under
3-14     Section 411.114(c) [411.114(b)], Government Code, the department
3-15     may charge a child-care facility or child-placing agency a single
3-16     administrative fee in a reasonable amount that is sufficient to
3-17     cover the costs of the department in processing and acting on the
3-18     registration.
3-19           (c)  The department shall process and act on a registration
3-20     not later than the 30th day after the date on which the department
3-21     receives all of the required information.
3-22            Sec. 42.105. BACKGROUND AND CRIMINAL HISTORY CHECKS. (a)  An
3-23     approved accreditation organization shall obtain from the
3-24     department information from the central registry of reported cases
3-25     of child abuse or neglect established under Section 261.002, Family
3-26     Code, and information from the Department of Public Safety under
3-27     Section 411.114, Government Code, for purposes of reviewing the
 4-1     general character and fitness of:
 4-2                 (1)  a child-care administrator seeking accreditation
 4-3     under Section 43.003;
 4-4                 (2)  a person who registers with the department to
 4-5     operate under this subchapter or a holder of a certificate issued
 4-6     under this subchapter;
 4-7                 (3)  an operator of a child-care facility or
 4-8     child-placing agency accredited by the organization and seeking to
 4-9     register with the department under Section 42.104 or issued a
4-10     certificate to operate under that accreditation under this
4-11     subchapter; and
4-12                 (4)  an employee of or an applicant for employment by a
4-13     child-care facility or child-placing agency accredited by the
4-14     organization and seeking to register with the department under
4-15     Section 42.104 or issued a certificate to operate under that
4-16     accreditation under this chapter.
4-17           (b)  The department by rule may provide for not issuing or
4-18     not renewing a certificate to operate under accreditation or may
4-19     revoke a certificate based on the results of a background or
4-20     criminal history check conducted by the department under this
4-21     section.
4-22           Sec. 42.106.  ACCEPTANCE OF ACCREDITATION INSTEAD OF LICENSE.
4-23     (a)  Except as provided by Section 42.105(b), the department shall
4-24     issue a certificate to operate under accreditation to a child-care
4-25     facility or child-placing agency that registers with the department
4-26     under Section 42.104 if:
4-27                 (1)  the facility or agency submits all of the
 5-1     information required by Section 42.104(a);
 5-2                 (2)  the facility or agency remits any required
 5-3     administrative fee under Section 42.104(b); and
 5-4                 (3)  the department verifies that the facility or
 5-5     agency is accredited by and in good standing with an approved
 5-6     accreditation organization.
 5-7           (b)  A certificate issued under this section is not
 5-8     transferrable and applies only to the operator named in the
 5-9     registration.
5-10           (c)  A certificate is valid for one year.
5-11           Sec. 42.107.  RENEWAL OF CERTIFICATE.  The department shall
5-12     provide for an annual renewal of a certificate issued to an
5-13     operator of a child-care facility or child-placing agency under
5-14     Section 42.106.  The department shall renew the certificate if the
5-15     child-care facility or child-placing agency maintains accreditation
5-16     from the approved accreditation organization.
5-17           Sec. 42.108.  NOTIFICATION OF REVOCATION OR WITHDRAWAL OF
5-18     ACCREDITATION.  Not later than the seventh day after the date on
5-19     which an approved accreditation organization revokes or withdraws
5-20     the accreditation of a child-care facility or child-placing agency
5-21     that is exempt from licensing under this subchapter, the
5-22     organization shall notify the department of the revocation or
5-23     withdrawal.
5-24           Sec. 42.109.  REVOCATION OR WITHDRAWAL OF APPROVAL TO OPERATE
5-25     UNDER ACCREDITATION.  (a)  A holder of a certificate issued under
5-26     Section 42.106 may not operate a child-care facility or child-care
5-27     placing agency under this subchapter if an accreditation
 6-1     organization has revoked or withdrawn the accreditation of the
 6-2     child-care facility or child-placing agency, unless the department
 6-3     grants the holder a license under Subchapter C or a provisional
 6-4     license.
 6-5           (b)  The department may adopt rules as necessary to implement
 6-6     this section.
 6-7           Sec. 42.110.  AUTHORITY TO CONDUCT LIMITED INSPECTIONS.  (a)
 6-8     The department may inspect a child-care facility or child-placing
 6-9     agency that has received a certificate to operate under
6-10     accreditation as provided by Section 42.106 if:
6-11                 (1)  the department has received a complaint or report
6-12     of child abuse or neglect alleged to have occurred at the facility
6-13     or agency; or
6-14                 (2)  the department has received a complaint indicating
6-15     that despite efforts made by an accreditation organization approved
6-16     under Section 42.103, a facility or agency certified to operate
6-17     under accreditation under Section 42.104 has violated the standards
6-18     of the accreditation organization and the violation creates an
6-19     immediate threat to the health or safety of children attending or
6-20     residing in the facility or agency.
6-21           (b)  This chapter does not affect the authority of local,
6-22     regional, or state health department officials, the state fire
6-23     marshal, or local fire prevention officials to inspect a child-care
6-24     facility or child-placing agency that is certified to operate under
6-25     accreditation under this subchapter.
6-26           (c)  If, as provided by Subsection (a), the department has
6-27     inspected a child-care facility or child-placing agency that has
 7-1     received a certificate to operate under accreditation as provided
 7-2     by Section 42.106, the department may require the facility or
 7-3     agency to take appropriate corrective action to eliminate any
 7-4     violations of the standards of the accreditation organization or
 7-5     such other action as the department determines necessary to ensure
 7-6     the health or safety of the children attending or residing in the
 7-7     facility or agency.  The department may continue to inspect the
 7-8     facility or agency until corrective action has been taken and for
 7-9     such reasonable time after corrective action to ensure continued
7-10     compliance with standards.
7-11           Sec. 42.111.  EMERGENCY SUSPENSION OF CHILD-CARE FACILITY OR
7-12     CHILD-PLACING AGENCY.  (a)  The department shall suspend a
7-13     certificate of a child-care facility or child-placing agency issued
7-14     under Section 42.041 and, if appropriate, place the children
7-15     attending or residing in the facility or agency elsewhere if:
7-16                 (1)  the department finds the facility or agency is
7-17     operating in violation of the standards of its accrediting
7-18     organization; and
7-19                 (2)  the violation creates an immediate threat to the
7-20     health and safety of the children attending or residing in the
7-21     facility or agency.
7-22           (b)  An order suspending the certificate of a child-care
7-23     facility or child-placing agency is immediately effective on the
7-24     date on which the certificate holder receives written notice or on
7-25     a later date specified in the order.
7-26           (c)  An order is valid for 10 days after the effective date
7-27     of the order.
 8-1           (d)  The suspension of a certificate and the appeal from that
 8-2     action are governed by the procedures for a contested case hearing
 8-3     under Chapter 2001, Government Code.
 8-4           Sec. 42.112.  EXPIRATION.  This subchapter expires September
 8-5     1, 2007.
 8-6           SECTION 2. Section 42.001, Human Resources Code, as amended
 8-7     by Chapters 664 and 1063, Acts of the 75th Legislature, Regular
 8-8     Session, 1997, is reenacted to read as follows:
 8-9           Sec. 42.001.  PURPOSE.  The purpose of this chapter is to
8-10     protect the health, safety, and well-being of the children of the
8-11     state who reside in child-care facilities by establishing statewide
8-12     minimum standards for their safety and protection and by regulating
8-13     the facilities through a licensing program or by requiring
8-14     child-care facilities to be regulated by alternative accreditation
8-15     bodies.  It is the policy of the state to ensure the protection of
8-16     all children under care in child-care facilities and to encourage
8-17     and assist in the improvement of child-care programs.  It is also
8-18     the intent of the legislature that freedom of religion of all
8-19     citizens is inviolate.  With respect to a school or child-care
8-20     facility sponsored by a religious organization, nothing in this
8-21     chapter gives a governmental agency authority to regulate, control,
8-22     supervise, or in any way be involved in the:
8-23                 (1)  form, manner, or content of religious instruction,
8-24     ministry, teaching, or the curriculum offered by the school or
8-25     facility;
8-26                 (2)  ability of the school or facility to select and
8-27     supervise qualified personnel, and otherwise control the terms of
 9-1     employment, including the right to employ individuals who share the
 9-2     religious views of the school or facility;
 9-3                 (3)  internal self-governance and autonomy of the
 9-4     school or facility; or
 9-5                 (4)  religious environment of the school or facility,
 9-6     such as symbols, art, icons, and scripture.
 9-7           SECTION 3. The heading to Section 42.041, Human Resources
 9-8     Code, is reenacted to read as follows:
 9-9           Sec. 42.041.  REQUIRED LICENSE OR ACCREDITATION.
9-10           SECTION 4. Sections 42.041(a) and (d), Human Resources Code,
9-11     are reenacted to read as follows:
9-12           (a)  No person may operate a child-care facility or
9-13     child-placing agency without a license issued by the department or
9-14     a certificate to operate under accreditation issued by the
9-15     department under Subchapter E.
9-16           (d)  Unless accredited under Subchapter E, a facility exempt
9-17     from the provisions of Subsection (a)  of this section that desires
9-18     to receive or participate in federal or state funding shall be
9-19     required to comply with all other provisions of this chapter and
9-20     with all regulations promulgated under this chapter.
9-21           SECTION 5. Section 42.076(a), Human Resources Code, is
9-22     reenacted to read as follows:
9-23           (a)  A person who operates a child-care facility or
9-24     child-placing agency without a license or certificate to operate
9-25     under accreditation under Subchapter E commits a Class B
9-26     misdemeanor.
9-27           SECTION 6. Section 43.003, Human Resources Code, is reenacted
 10-1    to read as follows:
 10-2          Sec. 43.003.  LICENSE OR ACCREDITATION REQUIRED.  (a)  Except
 10-3    as provided by Subsections (b) and (c) of this section, a person
 10-4    may not serve as a child-care administrator of a child-care
 10-5    institution without a license issued by the department under this
 10-6    chapter.
 10-7          (b)  A person who is not licensed under this chapter may
 10-8    serve as the child-care administrator of an emergency shelter
 10-9    located in a county with a population of less than 40,000 if the
10-10    governing body of the shelter by resolution adopted by a majority
10-11    vote of the membership of the governing body certifies that the
10-12    shelter has made a reasonable effort to hire a licensed child-care
10-13    administrator but is unable to hire a licensed child-care
10-14    administrator.
10-15          (c)  A person may serve as the child-care administrator of a
10-16    child-care institution if the person is accredited by a private
10-17    organization that has qualifications that apply to the child-care
10-18    administrators and that meet or exceed the state's qualifications,
10-19    as determined by the department, with the exception of those
10-20    qualifications relating to the internal self-governance of the
10-21    child-care institution and to the curriculum, teaching, or
10-22    instruction of the institution.  This subsection applies only to a
10-23    child-care institution that operates under a certificate to operate
10-24    under accreditation issued by the department under Subchapter E,
10-25    Chapter 42.
10-26          SECTION 7. Section 411.114(a)(2), Government Code, is
10-27    reenacted to read as follows:
 11-1                (2)  The Department of Protective and Regulatory
 11-2    Services shall obtain from the department criminal history record
 11-3    information maintained by the department that relates to a person
 11-4    who is:
 11-5                      (A)  an applicant for a license, registration, or
 11-6    certification under Chapter 42, Human Resources Code, or a person
 11-7    who registers with or has been issued a certificate to operate
 11-8    under accreditation by the Department of Protective and Regulatory
 11-9    Services under Subchapter E, Chapter 42, Human Resources Code;
11-10                      (B)  an owner or employee of or an applicant for
11-11    employment by a child-care facility or family home licensed,
11-12    registered, or certified under Chapter 42, Human Resources Code, or
11-13    by a child-care facility or child-placing agency that is seeking to
11-14    register with or has been issued a certificate to operate under
11-15    accreditation by the Department of Protective and Regulatory
11-16    Services under Subchapter E, Chapter 42, Human Resources Code;
11-17                      (C)  a resident of a registered family home, but
11-18    not a child in the home's care or a parent of the child;
11-19                      (D)  an applicant for a position with the
11-20    Department of Protective and Regulatory Services, the duties of
11-21    which include direct delivery of protective services to children,
11-22    elderly persons, or persons with a disability;
11-23                      (E)  an employee of, an applicant for employment
11-24    with, or a volunteer or an applicant volunteer with a business
11-25    entity or person that contracts with the Department of Protective
11-26    and Regulatory Services to provide direct delivery of protective
11-27    services to children, elderly persons, or persons with a
 12-1    disability, if the person's duties or responsibilities include
 12-2    direct contact with children, elderly persons, or persons with a
 12-3    disability;
 12-4                      (F)  a volunteer or applicant volunteer with the
 12-5    Department of Protective and Regulatory Services;
 12-6                      (G)  a person providing or applying to provide
 12-7    adoptive or foster care for children in the care of the Department
 12-8    of Protective and Regulatory Services and other adults living with
 12-9    that person in the residence in which the child will reside;
12-10                      (H)  a Department of Protective and Regulatory
12-11    Services employee who is engaged in the direct delivery of
12-12    protective services to children, elderly persons, or persons with a
12-13    disability;
12-14                      (I)  a person who is the subject of a report the
12-15    department receives alleging that the person has abused or
12-16    neglected a child, an elderly person, or a person with a
12-17    disability, provided that report has proven to have merit;
12-18                      (J)  a relative providing or applying to provide
12-19    in-home care for a child in the care of the Department of
12-20    Protective and Regulatory Services and other adults living with
12-21    that relative in the residence in which the child will reside;
12-22                      (K)  a person providing child care for a child
12-23    who is in the care of the Department of Protective and Regulatory
12-24    Services and who is or will be receiving adoptive, foster, or
12-25    in-home care;
12-26                      (L)  through a contract with a nonprofit
12-27    management center, an employee of, an applicant for employment
 13-1    with, or a volunteer or an applicant volunteer with a nonprofit,
 13-2    tax-exempt organization that provides any service that involves the
 13-3    care of or access to children, elderly persons, or persons with a
 13-4    disability;
 13-5                      (M)  an operator of a child-care facility or
 13-6    child-placing agency that is seeking to register with or has been
 13-7    issued a certificate to operate under accreditation by the
 13-8    Department of Protective and Regulatory Services under Subchapter
 13-9    E, Chapter 42, Human Resources Code, subject to Section 42.105,
13-10    Human Resources Code; or
13-11                      (N)  a child-care administrator seeking
13-12    accreditation as provided by Section 43.003, Human Resources Code.
13-13          SECTION 8.  This Act takes effect immediately if it receives
13-14    a vote of two-thirds of all the members elected to each house, as
13-15    provided by Section 39, Article III, Texas Constitution.  If this
13-16    Act does not receive the vote necessary for immediate effect, this
13-17    Act takes effect September 1, 2001.