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A BILL TO BE ENTITLED
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AN ACT
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relating to nutrition and fitness standards for certain child-care |
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facilities and training for employees at those facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.042, Human Resources Code, is amended |
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by adding Subsections (s), (t), (u), and (v) to read as follows: |
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(s) The executive commissioner by rule shall adopt minimum |
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standards that apply to day-care centers, group day-care homes, and |
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registered family homes for nutrition and daily dietary |
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requirements, physical activity, and time spent using or viewing |
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electronic devices. The minimum standards under this subsection |
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must be consistent with: |
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(1) the nutrition and meal pattern standards in the |
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Child and Adult Care Food Program administered by the Department of |
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Agriculture; and |
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(2) American Academy of Pediatrics standards for |
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physical activity and screen time as published in Caring for Our |
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Children: National Health and Safety Performance Standards; |
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Guidelines for Early Care and Education Programs, 3rd Edition. |
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(t) The executive commissioner shall review any subsequent |
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amendments to the standards described by Subsection (s) and |
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determine whether the rules adopted under that subsection should be |
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amended to incorporate the new standards. |
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(u) A day-care center, group day-care home, or registered |
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family home is not required to participate in or comply with the |
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reporting requirements of the Child and Adult Care Food Program |
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administered by the Department of Agriculture. |
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(v) The executive commissioner by rule shall require |
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day-care centers, group day-care homes, and registered family homes |
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to provide to parents, guardians, or caregivers of children |
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enrolled at the facility information on: |
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(1) sample healthy meals and snacks; and |
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(2) food allergies and choking hazards. |
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SECTION 2. Section 42.0421(a), Human Resources Code, is |
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amended to read as follows: |
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(a) The minimum training standards prescribed by the |
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executive commissioner under Section 42.042(p) for an employee, |
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director, or operator of a day-care center, group day-care home, or |
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registered family home must include: |
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(1) 24 hours of initial training that must be |
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completed not later than the 90th day after the employee's first day |
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of employment for an employee of a day-care center who has no |
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previous training or less than two years of employment experience |
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in a regulated child-care facility, eight hours of which must be |
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completed before the employee is given responsibility for a group |
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of children; |
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(2) 24 hours of annual training for each employee of a |
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day-care center or group day-care home, excluding the director, |
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which must include at least six hours of training in one or more of |
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the following areas: |
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(A) child growth and development; |
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(B) guidance and discipline; |
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(C) age-appropriate curriculum; [and] |
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(D) teacher-child interaction; and |
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(E) child nutrition and age-appropriate indoor |
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and outdoor activities; and |
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(3) 30 hours of annual training for each director of a |
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day-care center or group day-care home, or operator of a registered |
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family home, which must include at least six hours of training in |
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one or more of the following areas: |
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(A) child growth and development; |
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(B) guidance and discipline; |
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(C) age-appropriate curriculum; [and] |
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(D) teacher-child interaction; and |
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(E) child nutrition and age-appropriate indoor |
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and outdoor activities. |
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SECTION 3. Section 2308.3155(b), Government Code, is |
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amended to read as follows: |
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(b) The commission shall adopt rules to administer the Texas |
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Rising Star Program, including: |
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(1) guidelines for rating a child-care provider who |
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provides child care to a child younger than 13 years of age, |
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including infants and toddlers, enrolled in the subsidized program; |
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[and] |
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(2) guidelines for rating a child-care provider on: |
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(A) nutrition, lunch provision, and menu |
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planning; and |
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(B) indoor and outdoor activities; |
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(3) a scoring methodology that credits a provider for |
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participating in, and remaining in good standing with, the Child |
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and Adult Care Food Program administered by the Department of |
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Agriculture; and |
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(4) a timeline and process for regularly reviewing and |
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updating the quality standards used to determine the rating system |
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that includes the commission's consideration of input from |
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interested parties regarding those standards. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission and the Texas Workforce Commission shall adopt |
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the rules necessary to implement the changes in law made by this |
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Act. |
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SECTION 5. This Act takes effect September 1, 2017. |