BILL ANALYSIS

C.S.S.B. 952

By: Watson

Human Services

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Concerns have been raised regarding the increase in childhood obesity as well as the amount of screen time spent by children in recent years and the associated negative impact on a child's health. Additionally, it has been suggested that minimum standards for child-care facility licensure in Texas are not consistent with the nationally recognized guidelines for nutrition, physical activity, and screen time. C.S.S.B. 952 seeks to improve these minimum standards to support healthy habits among children and provide more flexibility to certain child-care facilities and homes in implementing nutritional plans.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 2 of this bill.

ANALYSIS

C.S.S.B. 952 amends the Human Resources Code to require the minimum standards for a day‑care center or registered family home promulgated by the executive commissioner of the Health and Human Services Commission (HHSC) to be consistent with:

· American Academy of Pediatrics standards for physical activity and screen time as published in Caring for Our Children: National Health and Safety Performance Standards; Guidelines for Early Care and Education Programs, 4th Edition; and

· the nutrition standards in the child and adult care food program administered by the Department of Agriculture.

C.S.S.B. 952 establishes that a day-care center or registered family home is not required to participate in or comply with the reporting requirements of the child and adult care food program. The bill authorizes HHSC, upon determining that the economic impact of requiring a day-care center or registered family home to comply with such a minimum standard is sufficiently great to make compliance impractical, to require the center or home to meet the guidelines of the minimum standard through an alternative method. The bill requires the executive commissioner to adopt the rules necessary to implement the bill's provisions. 

EFFECTIVE DATE

September 1, 2019.

COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE

While C.S.S.B. 952 may differ from the engrossed in minor or nonsubstantive ways, the following summarizes the substantial differences between the engrossed and committee substitute versions of the bill.

The substitute includes an authorization for HHSC, upon determining that the economic impact of requiring a day-care center or registered family home to comply with certain standards is sufficiently great to make compliance impractical, to require the center or home to meet the guidelines of those standards through an alternative method.