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A BILL TO BE ENTITLED
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AN ACT
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relating to collection and use of child safety data for licensed |
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day-care centers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.002, Human Resources Code, is amended |
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by adding Subdivision (25) to read as follows: |
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(25) "Commission" means the Health and Human Services |
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Commission. |
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SECTION 2. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.0412 to read as follows: |
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Sec. 42.0412. COLLECTION OF LICENSED DAY-CARE CENTER DATA. |
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(a) In this section, "group of children" and "specified age" are |
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determined by the formula provided in the commission's minimum |
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standards for child-care centers. |
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(b) The commission, using existing resources, shall |
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collect, compile, and publish on the commission's Internet website |
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the following data aggregated by child age on reported incidents in |
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licensed day-care centers that threaten or impair the basic health, |
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safety, or welfare of a child: |
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(1) the number of incidents investigated by the |
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commission and assigned the commission's highest priority; |
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(2) the number of incidents investigated by the |
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commission and assigned the commission's second-highest priority; |
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(3) the number of incidents confirmed as serious; |
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(4) the number of confirmed serious injuries to |
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children; and |
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(5) the number of child fatalities. |
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(c) During each monitoring inspection of a licensed |
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day-care center the commission conducts, the commission, using |
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existing resources, shall collect the following data for each group |
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of children four years of age and younger in the day-care center: |
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(1) the specified age of the children in the group; |
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(2) the number of children in the group; and |
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(3) the number of caregivers supervising the children |
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in the group. |
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(d) The commission shall make the data collected under this |
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section available to persons researching the factors related to |
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child injury, maltreatment, and death in licensed day-care centers |
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on request. |
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(e) The commission, using existing resources, shall provide |
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an annual report to the legislature that includes: |
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(1) the number of confirmed serious injuries and |
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fatalities for children four years of age and younger that occurred |
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at each licensed day-care center, aggregated by the age of the |
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injured or deceased child; |
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(2) the priority assigned to the investigation |
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conducted by the commission in response to an incident that |
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resulted in a serious injury or child fatality; |
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(3) the number of investigations conducted by the |
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commission at each licensed day-care center involving a child four |
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years of age or younger that were assigned the highest priority or |
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second-highest priority, aggregated by the age of the youngest |
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affected child; and |
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(4) the number of violations the commission found at |
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each licensed day-care center during investigations described by |
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Subdivision (3). |
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SECTION 3. Section 42.042, Human Resources Code, is amended |
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by adding Subsection (m-1) to read as follows: |
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(m-1) Not later than January 1, 2021, the executive |
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commissioner shall use the data collected under Section 42.0412 to |
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determine whether to modify the minimum standards by age group to |
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enhance child safety. This subsection expires September 1, 2023. |
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SECTION 4. Notwithstanding Section 42.0412(d), Human |
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Resources Code, as added by this Act, the Health and Human Services |
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Commission is not required to comply with that subsection until |
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January 31, 2020. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |