BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1703

80R4729 UM-D                                                                                                                 By: Harris

                                                                                                                  Health & Human Services

                                                                                                                                            4/21/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law authorizes the Department of Family and Protective Services (DFPS) to require family home operators to register with DFPS, but does not require DFPS to inspect family homes.  Children placed in those homes may be harmed by undocumented safety and health issues. 

 

As proposed, S.B. 1703 requires DFPS to inspect listed family homes and increases the registration amount for those homes from $20 to $35 to cover costs associated with the inspections. 

 

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 Sections 42.044(a), (b), and (c), Human Resources Code, as follows:

 

(a)  Includes a listed family home as a place that an authorized representative of the Department of Family and Protective Services (DFPS) is authorized to visit under this chapter (Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services).

 

(b)  Deletes existing text requiring DFPS to inspect registered family homes as necessary.  Requires DFPS to inspect a family home when DFPS initially registers or lists the family home and authorizes DFPS to subsequently inspect a registered family home as necessary.  Requires at least one of the visits to a licensed or certified facility to be unannounced and authorizes all visits to be unannounced.

 

(c)  Makes conforming changes. 

 

SECTION 2. Amends Section 42.052(i), Human Resources Code, by setting forth certain required language regarding the listing of a family home with DFPS.

 

SECTION 3.  Amends Section 42.0522(b), Human Resources Code, by setting forth certain required language regarding the public advertisement for a listed family home. 

 

SECTION 4.  Amends Section 42.054(e), Human Resources Code, to increase the annual fee charged by DFPS to listed family homes from $20 to $35.

 

SECTION 5.  (a)  Makes application of this Act prospective.

 

(b)  Requires DFPS to perform an initial inspection as required by Section 42.044(b), Human Resources Code, as amended by this Act, at the time a family home renews its registration or renews its listing if said home was registered or listed before the effective date of this Act and the family home has not been inspected by DFPS at least once. 

 

SECTION 6.  Effective date: September 1, 2007.