Texas 2009 - 81st Regular

Texas House Bill HB217

Filed
11/13/08  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to prohibiting the use of unsafe children's products in certain nonresidential child-care facilities.

Impact

The bill introduces a presumption of safety violations, wherein any children's product not conforming to federal safety standards, recalled items, or those deemed hazardous will be considered unsafe. Child-care facilities will bear the responsibility of complying with these rules, which are to be enforced by the Department of Family and Protective Services and the Department of State Health Services. This could lead to a significant impact on child-care operations, as they will need to ensure all products meet safety standards to avoid penalties.

Summary

House Bill 217 aims to enhance the safety of children's products by prohibiting the use of unsafe items in nonresidential child-care facilities. This legislation recognizes the importance of protecting young children, particularly those under eight years of age, by ensuring that only safe and compliant products are used in settings where they spend significant amounts of time. The bill establishes definitions for what constitutes a children's product and includes a range of items from cribs to toys, all designed for the safety and well-being of young children.

Contention

A notable aspect of HB 217 is the civil penalty imposed on those violating its provisions, allowing fines of up to $1,000 per violation. The legislation's strict compliance requirements, including the maintenance of a public list of unsafe children's products, may lead to discussions regarding the challenges and costs that child-care facilities will face to adhere to these new regulations. While this bill aims to enhance child safety, some stakeholders may express concerns about the financial implications it could impose on smaller or non-residential child-care operations that may struggle to meet these compliance measures.

Companion Bills

TX SB95

Identical Relating to prohibiting the use of unsafe children's products in certain nonresidential child-care facilities.

Previously Filed As

TX HB4439

Relating to the production, sale, distribution, delivery, and regulation of consumable hemp products; creating a criminal offense.

TX HB211

Relating to the regulation of child-care facilities and registered family homes, including the provision of services to children with disabilities or special needs.

TX HB4948

Relating to the regulation of Internet products, services, and features accessed by children; providing a civil penalty.

TX HB4758

Relating to a prohibition on certain e-cigarette products; creating a criminal offense.

TX SB1098

Relating to the rights of a parent or guardian with a child in certain child-care facilities.

TX HB896

Relating to prohibiting use of social media platforms by children.

TX HB1727

Relating to the placement and use of video recording equipment in certain child-care facilities.

TX HB4600

Relating to the funding of child care facilities.

TX HB3918

Relating to the prohibition, prevention, and remedying of certain discrimination.

TX HB163

Relating to the licensing of child-care facilities providing care to certain unaccompanied children and the suspension of laws relating to the licensing of those facilities; creating a criminal offense.

Similar Bills

NC H674

Child Advocacy Centers/Share Information

NM HB7

Children's Future Act & Fund

LA SB66

Provides relative to the Children's Cabinet and the Child Poverty Prevention Council of Louisiana. (8/1/17)

NJ S1713

Prohibits the sale of certain children's products containing lead, mercury, or cadmium.

NJ A1525

Prohibits the sale of certain children's products containing lead, mercury, or cadmium.

NJ A3800

Bans certain children's products containing excessive amounts of lead, mercury, or cadmium.

NJ A4952

Requires children's psychiatric facilities to have on-site staff members supervise patients 24 hours a day, seven days a week.

NJ A1571

Requires children's psychiatric facilities to have on-site staff members supervise patients 24 hours a day, seven days a week.