SRC-VRA H.B. 2075 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2075
78R12723 MCK-DBy: Hilderbran (Fraser)
Health & Human Services
5/21/2003
Engrossed


DIGEST AND PURPOSE

Currently the Texas Department of Health (TDH) is responsible for
inspecting and setting health and safety standards for various industries
throughout the state, including youth camps which are   unique in the
sense that they operate on a seasonal basis. For this reason, the youth
camp industry feels it should have a set of health and safety standards
representative of their unique operation.  H.B. 2075 addresses a camp
industry concern by creating an immediate cure solution for infractions
found during inspections which are easily corrected, such as lack of
toilet paper at a certain location. 

Various changes have been made in the past in regard to TDH's oversight of
Texas's youth camps. For example, during the 77th Legislature the maximum
fine assessed for an inspection violation  was raised from $100 a day to
$2,000 a day.  The advisory committee, originally part of the Youth Camp
Act and established to facilitate communication between TDH and youth
camps, was abolished under sweeping sunset legislation because it had not
met for several years. The bill lowers the maximum fine daily fine to
$1000, and reinstates the advisory committee.  

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.  Amends Section 141.007, Health and Safety Code, by adding
Subsections (d), (e), (f), and (g), as follows: 
 
(d)  Requires an employee or agent of the Texas Department of Health (TDH)
who enters a youth camp to investigate and inspect conditions to perform
certain tasks. 
  
(e)  Prohibits TDH from extending or delaying an investigation or
inspection to allow the youth camp to correct a violation under Subsection
(d)(2). 
 
(f) Prohibits an employee or agent of TDH performing an investigation and
inspection under this section from reporting a violation that is
significant under TDH's rules if the violation is corrected during the
investigation and inspection. 
 
(g)  Prohibits a penalty from being imposed on a youth camp for a
violation that is significant under TDH's rules if the violation is
corrected during an investigation and inspection under this section. 
 
SECTION 2.  Amends Section 141.008(a), Health and Safety Code, to require
the Texas Board of Health (board), before adopting a rule under this
chapter or readopting a rule under Section 2001.039, Government Code, to
perform certain tasks. 
 
SECTION 3.  Amends Section 141.010, Health and Safety Code, to provide
that the other members  of the advisory committee should be experienced
camping professionals who represent the camping communities of the state.
Requires the board, in making the appointments, to attempt to reflect the
geographic diversity of the state in proportion to the number of camps
licensed by the department in each geographic area of the state.  Deletes
text relating to the membership of the advisory committee. 
 
SECTION 4.  Amends Section 141.016(c), Health and Safety Code, to prohibit
the penalty from exceeding $1,000, rather than $2,000, a day for each
violation. 
 
SECTION 5.  Makes application of Subsections (d), (e), (f), and (g),
Section 141.007, Health and Safety Code, as added by Section 1 of this
Act, prospective. 
 
SECTION 6.  Effective date:  September 1, 2003.