81R9827 MCK-D

By: Gutierrez H.B. No. 1970

A BILL TO BE ENTITLED

AN ACT

relating to the minimum standards for operators and employees of child-care facilities and family homes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 42.042, Human Resources Code, is amended by amending Subsection (e) and adding Subsection (e-2) to read as follows:

(e) The department shall promulgate minimum standards that apply to licensed child-care facilities and to registered family homes covered by this chapter and that will:

(1) promote the health, safety, and welfare of children attending a facility or registered family home;

(2) promote safe, comfortable, and healthy physical facilities and registered family homes for children;

(3) ensure adequate supervision of children by capable, qualified, and healthy personnel;

(4) ensure adequate and healthy food service where food service is offered and that food served meets the federal nutritional guidelines of the child and adult care food program under 42 U.S.C. Section 1766;

(5) prohibit racial discrimination by child-care facilities and registered family homes;

(6) require procedures for parental and guardian consultation in the formulation of children's educational and therapeutic programs; and

(7) prevent the breakdown of foster care and adoptive placement.

(e-2) The department shall collaborate with the Department of Agriculture in developing minimum standards under Subsection (e) relating to healthy food service.

SECTION 2. Section 42.0421, Human Resources Code, is amended by adding Subsection (e) to read as follows:

(e) The department shall develop and implement minimum training standards that address the role that child-care providers have in preventing obesity and overweight conditions among preschool-aged children, including the promotion of proper nutrition and appropriate physical activity.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.