H.B. No. 2866




AN ACT

relating to coordinated inspection of certain child-care 
facilities for compliance with fire safety and sanitation 
standards.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 42, Human Resources Code, 
is amended by adding Section 42.0443 to read as follows:
	Sec. 42.0443.  COORDINATION OF FIRE SAFETY AND SANITATION 
INSPECTIONS.  (a)  The department may not inspect a licensed 
day-care center, licensed group day-care home, or registered family 
home for compliance with the department's fire safety or  
sanitation standards if the facility, at the time of the 
department's inspection, provides the department with 
documentation relating to a current fire safety or sanitation 
inspection, as applicable, performed by a political subdivision of 
this state that indicates that the facility is in compliance with 
the applicable standards of the political subdivision.
	(b)  If the documentation provided under Subsection (a) 
indicates that the facility was required to take corrective action 
or that the political subdivision imposed a restriction or 
condition on the facility, the department shall determine whether 
the facility took the required corrective action or complied with 
the restriction or condition.
	(c)  The department may inspect a facility subject to this 
section for compliance with the department's fire safety or  
sanitation standards if:
		(1)  the facility does not provide the documentation 
described by Subsection (a); or
		(2)  the department determines that the facility did 
not take a corrective action or comply with a restriction or 
condition described by Subsection (b).
	(d)  Notwithstanding any other provision of this section, 
the department shall report to the appropriate political 
subdivision any violation of fire safety or sanitation standards 
observed by the department at a facility subject to this section.
	(e)  The department shall adopt rules necessary to implement 
this section.
	SECTION 2.  This Act takes effect September 1, 2003.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 2866 was passed by the House on May 2, 
2003, by the following vote:  Yeas 126, Nays 0, 2 present, not 
voting; and that the House concurred in Senate amendments to H.B. 
No. 2866 on May 30, 2003, by the following vote:  Yeas 145, Nays 0, 
3 present, not voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 2866 was passed by the Senate, with 
amendments, on May 28, 2003, by the following vote:  Yeas 31, Nays 
0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor