85R18542 MM-D
 
  By: Koop, Rose, Miller, Keough H.B. No. 3788
 
  Substitute the following for H.B. No. 3788:
 
  By:  Keough C.S.H.B. No. 3788
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to child-to-caregiver ratios and group sizes in licensed
  day-care centers and reporting certain information related to child
  safety.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0412 to read as follows:
         Sec. 42.0412.  COLLECTION OF LICENSED DAY-CARE CENTER DATA.  
  (a)  In this section, "group of children" means the number of
  children assigned to a specific caregiver or group of caregivers,
  occupying an individual classroom or well-defined physical space
  within a larger room at a day-care center.
         (b)  During each monitoring inspection of a licensed
  day-care center the department conducts between March 1, 2018, and
  May 31, 2018, the department, using existing resources, shall
  collect the following data for each group of children four years of
  age and younger in the day-care center:
               (1)  the specified age of the children in the group as
  determined by the formula provided in the department's minimum
  standards for child-care centers;
               (2)  the number of children in the group; and
               (3)  the number of caregivers supervising the children
  in the group.
         (c)  Not later than June 30, 2018, the department shall make
  the data collected under Subsection (b) available to community
  agencies and institutions of higher education on request.
         (d)  The department shall collect the following information
  for each licensed day-care center from which the department
  collected data under Subsection (b) and on request shall provide
  the information to community agencies and institutions of higher
  education:
               (1)  the licensed day-care center's program capacity;
               (2)  the number of confirmed serious injuries and
  fatalities for children four years of age and younger that occurred
  at the day-care center between September 1, 2017, and August 31,
  2018, aggregated by the age of the injured or deceased child;
               (3)  the number of investigations the department
  conducted at the day-care center between September 1, 2017, and
  August 31, 2018, involving a child who is four years of age or
  younger that were assigned the highest priority or second-highest
  priority, aggregated by the age of the youngest affected child; and
               (4)  the total number of violations that the department
  found at the day-care center during investigations described by
  Subdivision (3).
         (e)  The department, using existing resources, shall provide
  an annual report to the legislature that includes:
               (1)  the number of confirmed serious injuries and
  fatalities for children four years of age and younger that occurred
  at each licensed day-care center, aggregated by the age of the
  injured or deceased child;
               (2)  the priority assigned to the investigation
  conducted by the department in response to an incident that
  resulted in a serious injury or child fatality;
               (3)  the number of investigations conducted by the
  department at each licensed day-care center involving a child four
  years of age or younger that were assigned the highest priority or
  second-highest priority, aggregated by the age of the youngest
  affected child; and
               (4)  the number of violations the department found at
  each licensed day-care center during investigations described by
  Subdivision (3).
         (f)  This subsection and Subsections (a), (b), (c), and (d)
  expire on September 1, 2019.
         SECTION 2.  Section 42.042, Human Resources Code, is amended
  by amending Subsection (m) and adding Subsection (m-1) to read as
  follows:
         (m)  In determining minimum standards relating to
  child-to-caregiver [staff-to-child] ratios, group sizes, or square
  footage requirements applicable to nonresidential child-care
  facilities that provide care for less than 24 hours a day, the
  department shall, within available appropriations, conduct a
  comprehensive cost-benefit analysis and economic impact study that
  includes families and licensed child-care providers.
         (m-1)  Not later than January 1, 2019, the executive
  commissioner shall use the data collected under Section 42.0412 to
  determine whether to modify the standards related to
  child-to-caregiver ratios and group sizes. In determining whether
  to modify the standards, the executive commissioner shall compare
  licensed day-care centers that meet the child-to-caregiver ratios
  and group size requirements with licensed day-care centers that
  have lower child-to-caregiver ratios.  The executive commissioner
  shall recommend appropriate adjustments to any standards related to
  child-to-caregiver ratios or group sizes if the data shows that
  day-care centers that meet the minimum child-to-caregiver ratios
  and group size requirements have a rate that is 10 percent or higher
  than day-care centers with lower child-to-caregiver ratios of:
               (1)  confirmed serious injuries;
               (2)  confirmed child fatalities; or
               (3)  investigations conducted by the department that
  are assigned the highest priority or the second-highest priority.
         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, 2017.