SRC-TJG, VRA H.B. 2866 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2866
By: Swinford (Madla)
Health & Human Services
5/18/2003
Engrossed


DIGEST AND PURPOSE 

In 1997, the 75th Texas Legislature passed H.B. 1555 by in an effort to
reduce the duplication of inspections of child care facilities by the
myriad of state agencies, such as the Department of Protective and
Regulatory Services, the Department of Human Services, the Texas
Department of Health, and the Texas Workforce Commission.  

Further, S.B. 833 passed during the 77th Legislature required state
agencies to develop a checklist for the inspecting agencies to coordinate
inspections.  Since the passage of those bills, more municipalities have
begun to set standards and inspect day-care facilities, thus, complicating
efforts to streamline the inspection process.  

H.B. 2866 requires the Texas Department of Protective and Regulatory
Services to coordinate the inspection process undertaken by
municipalities, thereby reducing unnecessary expense to state government,
municipalities, child care providers, and the families they serve. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 42.0442(a), (b), and (c), Human Resources
Code, as follows: 

(a)  Requires the Texas Department of Protective and Regulatory Services
(DPRS) to coordinate monitoring inspections of certain entities performed
by another state agency or a political subdivision of the state.  

(b)  Requires DPRS to form a task force, rather than an interagency task
force, consisting of representatives of certain state agencies and
political subdivisions.  Makes conforming changes. 

 (c)  Makes conforming changes.

SECTION 2.(a)  Effective date: upon passage or September 1, 2003.

(b)  Requires DPRS,  not later than June 1, 2004, to complete development
of the inspection protocol required by Section 42.0442(b), Human Resources
Code, as amended by this Act, and establishment of the inspection
checklist required by Section 42.0442(c), Human Resources Code, as amended
by this Act and requires each political subdivision of this state to begin
using the inspection checklist as required by Section 42.0442(c), Human
Resources Code, as amended by this Act.