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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the use of unsafe children's products in |
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certain nonresidential child-care facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.002, Human Resources Code, is amended |
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by adding Subdivision (20) to read as follows: |
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(20) "Children's product" means a product that is |
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designed or intended to be used by a child under 13 years of age or |
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used by a caregiver during the care of a child under 13 years of age. |
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The term does not include: |
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(A) an item that is not designed or intended to be |
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used solely or primarily by a child under 13 years of age or in the |
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care of a child under 13 years of age; |
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(B) a medication, a drug, food, or another item |
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that is intended to be ingested; or |
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(C) clothing. |
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SECTION 2. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.0423 to read as follows: |
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Sec. 42.0423. CHILDREN'S PRODUCT SAFETY FOR CERTAIN |
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NONRESIDENTIAL CHILD-CARE FACILITIES. (a) This section applies |
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only to a licensed day-care center, licensed group day-care home, |
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or registered family home. |
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(b) A children's product is presumed to be unsafe for |
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purposes of this section if it has been recalled for any reason by |
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the United States Consumer Product Safety Commission and the recall |
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has not been rescinded. |
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(c) A children's product that has been recalled for any |
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reason by the United States Consumer Product Safety Commission is |
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not presumed to be unsafe if the product has been remanufactured or |
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retrofitted so that the product is safe. |
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(d) The department shall include on its public Internet |
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website a link to the United States Consumer Product Safety |
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Commission's Internet website. |
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(e) A child-care facility subject to this section may not |
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use an unsafe children's product or have an unsafe children's |
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product on the premises of the child-care facility unless: |
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(1) the product is an antique or collectible |
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children's product and is not used by, or accessible to, any child |
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in the child-care facility; or |
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(2) the unsafe children's product is being retrofitted |
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to make it safe and the product is not used by, or accessible to, any |
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child in the child-care facility. |
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(f) The department shall notify a child-care facility |
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subject to this section of the provisions of this section in plain, |
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nontechnical language that will enable the child-care facility to |
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effectively inspect the children's products at the facility and |
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identify unsafe children's products. The department shall provide |
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the notice required by this subsection: |
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(1) during the department's pre-application interview |
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for a license, registration, or certification; and |
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(2) during an inspection. |
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(g) At least annually, each child-care facility subject to |
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this section shall certify in writing that the facility has |
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reviewed each of the bulletins and notices issued by the United |
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States Consumer Product Safety Commission regarding unsafe |
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children's products and that there are no unsafe products in the |
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facility except products described by Subsection (e). The facility |
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shall retain the certification form completed by each facility in |
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the facility's licensing file. |
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(h) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules and forms necessary to |
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implement this section. |
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SECTION 3. Section 42.055, Human Resources Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) A licensed day-care center, licensed group day-care |
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home, or registered family home subject to Section 42.0423 shall |
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include in the sign required under Subsection (a) a description of |
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how to access a listing of unsafe children's products on the United |
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States Consumer Product Safety Commission's Internet website or |
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through the department's public Internet website. |
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SECTION 4. This Act takes effect September 1, 2009. |