By: Van de Putte, Zaffirini S.B. No. 95
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting the use of unsafe children's products in
  certain nonresidential child-care facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.002, Human Resources Code, is amended
  by adding Subdivision (20) to read as follows:
               (20)  "Children's product" means a product that is
  designed or intended to be used by a child under 13 years of age or
  used by a caregiver during the care of a child under 13 years of age.
  The term does not include:
                     (A)  an item that is not designed or intended to be
  used solely or primarily by a child under 13 years of age or in the
  care of a child under 13 years of age;
                     (B)  a medication, a drug, food, or another item
  that is intended to be ingested; or
                     (C)  clothing.
         SECTION 2.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0423 to read as follows:
         Sec. 42.0423.  CHILDREN'S PRODUCT SAFETY FOR CERTAIN
  NONRESIDENTIAL CHILD-CARE FACILITIES. (a)  This section applies
  only to a licensed day-care center, licensed group day-care home,
  or registered family home.
         (b)  A children's product is presumed to be unsafe for
  purposes of this section if it has been recalled for any reason by
  the United States Consumer Product Safety Commission and the recall
  has not been rescinded.
         (c)  A children's product that has been recalled for any
  reason by the United States Consumer Product Safety Commission is
  not presumed to be unsafe if the product has been remanufactured or
  retrofitted so that the product is safe.
         (d)  The department shall include on its public Internet
  website a link to the United States Consumer Product Safety
  Commission's Internet website.
         (e)  A child-care facility subject to this section may not
  use an unsafe children's product or have an unsafe children's
  product on the premises of the child-care facility unless:
               (1)  the product is an antique or collectible
  children's product and is not used by, or accessible to, any child
  in the child-care facility; or
               (2)  the unsafe children's product is being retrofitted
  to make it safe and the product is not used by, or accessible to, any
  child in the child-care facility.
         (f)  The department shall notify a child-care facility
  subject to this section of the provisions of this section in plain,
  nontechnical language that will enable the child-care facility to
  effectively inspect the children's products at the facility and
  identify unsafe children's products.  The department shall provide
  the notice required by this subsection:
               (1)  during the department's pre-application interview
  for a license, registration, or certification; and
               (2)  during an inspection.
         (g)  At least annually, each child-care facility subject to
  this section shall certify in writing that the facility has
  reviewed each of the bulletins and notices issued by the United
  States Consumer Product Safety Commission regarding unsafe
  children's products and that there are no unsafe products in the
  facility except products described by Subsection (e). The facility
  shall retain the certification form completed by each facility in
  the facility's licensing file.
         (h)  The executive commissioner of the Health and Human
  Services Commission shall adopt rules and forms necessary to
  implement this section.
         SECTION 3.  Section 42.055, Human Resources Code, is amended
  by adding Subsection (a-1) to read as follows:
         (a-1)  A licensed day-care center, licensed group day-care
  home, or registered family home subject to Section 42.0423 shall
  include in the sign required under Subsection (a) a description of
  how to access a listing of unsafe children's products on the United
  States Consumer Product Safety Commission's Internet website or
  through the department's public Internet website.
         SECTION 4.  This Act takes effect September 1, 2009.