SRC-VRA S.B. 1194 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1194
78R3733 KEG-FBy: Carona
Health & Human Services
3/24/2003
As Filed


DIGEST AND PURPOSE 

Current Texas law provides the licensing and regulation standards for
child-care facilities.  As proposed, S.B. 1194 requires any person who
operates a child care institution or facility to be licensed and would
eliminate alternative accreditation options for these entities.  

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 42.001, Human Resources Code, to delete
existing text requiring child-care facilities to be regulated by
alternative accreditation bodies.  

SECTION 2.  Amends Sections 42.002(4)-(11), Human Resources Code, to
redefine "child-care institution," "foster group home," "foster home,"
"day-care center," "group day-care home," "family home," "agency foster
group home," and "agency foster home." 

SECTION 3.  Amends the heading to Section 42.041, Human Resources Code, to
read as follows: 

 Sec.  42.041.  REQUIRED LICENSE.

SECTION 4.  Amends Sections 42.041 (a), (b), and (d), as follows:

 (a)  Deletes existing text relating to a certificate to operate a
child-care facility. 

 (b)  Adds new language to provide that this section does not apply to
certain entities. 

 (d)  Makes a conforming change.

SECTION 5.  Amends Section 42.042, by adding Subsection (j-1), to
authorize the Texas Department of Human Services (TDHS) to grant a
variance of an individual standard prescribed in the applicable standards
for good and just cause.  

SECTION 6. Amends Sections 42.046(c) and (d), Human Resources Code, to
make a nonsubstantive change. 

SECTION 7.  Amends Section 42.048, Human Resources Code, by adding
Subsection (e-1), to authorize a licensed child-placing agency that
maintains an office location at which no children reside to change the
office location without automatically revoking the agency's license under
Subsection (e) if the child-placing agency provides TDHS with written
notice of the proposed relocation before the relocation occurs. 

 Section 8.  Amends Section 42.0522(a), Human Resources Code, to delete
language in text relating to a provision regarding a public advertisement. 

SECTION 9.  Amends Section 42.071(a), Human Resources Code, to delete
existing text relating to the suspension of a license. 

SECTION 10.  Amends Section 42.072(c), Human Resource Code, to add new
language prohibiting certain individuals from applying for a license. 

SECTION 11.  Amends Section 42.076(a), Human Resource Code, to make a
conforming change. 

SECTION 12.  Amends Section 42.077(d), Human Resources Code, to add new
language relating to a notification by mail that a license, listing, or
registration is revoked or suspended. 

SECTION 13.  Amends the heading to Section 43.003, Human Resources Code,
to read as follows: 

 Sec. 43.003.  LICENSE REQUIRED.

SECTION 14.  Amends Section 43.003(c), Human Resources Code, to provide
that an individual is not required to have a child-care administrator
license to serve as a child-care administrator for an agency foster home
or an agency foster group home.  Deletes current language regarding
eligibility of a person to serve as a child-care administrator of a
child-care institution.  

SECTION 15.  Repealer:(1)  Section 42.0431(c), Human Resources Code
(Enforcement of Screening Requirements Relating to Vision, Hearing, and
other Special Senses and Communication Disorders); 
    (2)  Section 42.048(c), Human Resources Code (Licensing);
(3)  Section 42.0505, Human Resources Code (Renewal of License); and
    (4)  Chapter 42E, Human Resources Code.

SECTION 16.  Effective date:  September 1, 2003.