S.B. 100 78(R)    BILL ANALYSIS


S.B. 100
By: Van de Putte
Human Services
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, carbon monoxide detectors are not required in certain
child-care facilities and family homes. Senate Bill 100 would require each
day-care, group day-care home, and family home to have carbon monoxide
detectors which meet the requirements set by the Department of Protective
and Regulatory Services relating to the placement, installation, number,
and maintenance of those detectors.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Department of Protective
and Regulatory Services in SECTION 1 (Section 42.060, Human Resources
Code) of this bill. 

ANALYSIS

SECTION 1. Amends Chapter 42C, Human Resources Code, by adding Section
42.060, as follows:  
Sec. 42.060. CARBON MONOXIDE DETECTORS. (a) Defines "carbon monoxide
detector."  
(b) Requires each day-care center, group day-care home, and family home to
be equipped with carbon monoxide detectors in accordance with Department
of Protective and Regulatory Services (DPRS) rules.  
(c) Requires DPRS by rule to prescribe requirements regarding the
placement, installation, and number of carbon monoxide detectors and
maintenance procedures for those detectors.  
(d) A day-care center is exempt from the carbon monoxide detector
requirements prescribed by this section if the day-care center is located
in a school facility that is subject to the school facility standards
adopted by the commissioner of education under Section 46.008, Education
Code (Standards), or similar safety standards adopted by the board of a
local school district. 

SECTION 2. (a) Effective date: September 1, 2003. 
(b) Makes application of this Act prospective to January 1, 2004,
notwithstanding Subsection (a) of this section.  

EFFECTIVE DATE

September 1, 2003.