By:  Swinford (Senate Sponsor - Madla)                            H.B. No. 2866
	(In the Senate - Received from the House May 5, 2003; 
May 7, 2003, read first time and referred to Committee on Health 
and Human Services; May 22, 2003, reported adversely, with 
favorable Committee Substitute by the following vote:  Yeas 9, 
Nays 0; May 22, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 2866                                   By:  Nelson


A BILL TO BE ENTITLED

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.                           



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