| 1 | 1 | | 81R21018 MCK-D |
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| 2 | 2 | | By: Gutierrez, Walle H.B. No. 1970 |
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| 3 | 3 | | Substitute the following for H.B. No. 1970: |
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| 4 | 4 | | By: Rose C.S.H.B. No. 1970 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the minimum standards for operators and employees of |
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| 10 | 10 | | child-care facilities and family homes. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 42.042, Human Resources Code, is amended |
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| 13 | 13 | | by amending Subsection (e) and adding Subsection (e-2) to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | (e) The department shall promulgate minimum standards that |
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| 16 | 16 | | apply to licensed child-care facilities and to registered family |
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| 17 | 17 | | homes covered by this chapter and that will: |
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| 18 | 18 | | (1) promote the health, safety, and welfare of |
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| 19 | 19 | | children attending a facility or registered family home; |
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| 20 | 20 | | (2) promote safe, comfortable, and healthy physical |
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| 21 | 21 | | facilities and registered family homes for children; |
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| 22 | 22 | | (3) ensure adequate supervision of children by |
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| 23 | 23 | | capable, qualified, and healthy personnel; |
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| 24 | 24 | | (4) ensure adequate and healthy food service where |
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| 25 | 25 | | food service is offered; |
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| 26 | 26 | | (5) ensure that food served in a day-care center, a |
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| 27 | 27 | | group day-care home, or a family home meets the federal nutritional |
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| 28 | 28 | | guidelines of the child and adult care food program under 42 U.S.C. |
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| 29 | 29 | | Section 1766; |
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| 30 | 30 | | (6) prohibit racial discrimination by child-care |
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| 31 | 31 | | facilities and registered family homes; |
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| 32 | 32 | | (7) [(6)] require procedures for parental and |
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| 33 | 33 | | guardian consultation in the formulation of children's educational |
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| 34 | 34 | | and therapeutic programs; and |
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| 35 | 35 | | (8) [(7)] prevent the breakdown of foster care and |
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| 36 | 36 | | adoptive placement. |
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| 37 | 37 | | (e-2) The department shall collaborate with the Department |
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| 38 | 38 | | of Agriculture in developing minimum standards under Subsection |
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| 39 | 39 | | (e)(5) relating to healthy food service. |
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| 40 | 40 | | SECTION 2. Section 42.0421, Human Resources Code, is |
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| 41 | 41 | | amended by adding Subsection (e) to read as follows: |
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| 42 | 42 | | (e) The department shall develop and implement minimum |
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| 43 | 43 | | training standards for day-care centers, group day-care homes, or |
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| 44 | 44 | | family homes that address the role that those child-care providers |
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| 45 | 45 | | have in preventing obesity and overweight conditions among |
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| 46 | 46 | | preschool-aged children, including the promotion of proper |
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| 47 | 47 | | nutrition and appropriate physical activity. |
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| 48 | 48 | | SECTION 3. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2009. |
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