Texas 2009 - 81st Regular

Texas House Bill HB217 Compare Versions

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Old	New	Differences
1	1	81R17239 JSC-F
2	2	By: Menendez, Lucio III H.B. No. 217
3	3	Substitute the following for H.B. No. 217:
4	4	By: Menendez C.S.H.B. No. 217
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibiting the use of unsafe children's products in
10	10	certain nonresidential child-care facilities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 42.002, Human Resources Code, is amended
13	13	by adding Subdivision (20) to read as follows:
14	14	(20) "Children's product" means a product that is
15	15	designed or intended to be used by a child under 13 years of age or
16	16	used by a caregiver during the care of a child under 13 years of age.
17	17	The term does not include:
18	18	(A) an item that is not designed or intended to be
19	19	used solely or primarily by a child under 13 years of age or in the
20	20	care of a child under 13 years of age;
21	21	(B) a medication, a drug, food, or another item
22	22	that is intended to be ingested; or
23	23	(C) clothing.
24	24	SECTION 2. Subchapter C, Chapter 42, Human Resources Code,
25	25	is amended by adding Section 42.0423 to read as follows:
26	26	Sec. 42.0423. CHILDREN'S PRODUCT SAFETY FOR CERTAIN
27	27	NONRESIDENTIAL CHILD-CARE FACILITIES. (a) This section applies
28	28	only to a licensed day-care center, licensed group day-care home,
29	29	or registered family home.
30	30	(b) A children's product is presumed to be unsafe for
31	31	purposes of this section if it has been recalled for any reason by
32	32	the United States Consumer Product Safety Commission and the recall
33	33	has not been rescinded.
34	34	(c) A children's product that has been recalled for any
35	35	reason by the United States Consumer Product Safety Commission is
36	36	not presumed to be unsafe if the product has been remanufactured or
37	37	retrofitted so that the product is safe.
38	38	(d) The department shall include on its public Internet
39	39	website a link to the United States Consumer Product Safety
40	40	Commission's Internet website.
41	41	(e) A child-care facility subject to this section may not
42	42	use an unsafe children's product or have an unsafe children's
43	43	product on the premises of the child-care facility unless:
44	44	(1) the product is an antique or collectible
45	45	children's product and is not used by, or accessible to, any child
46	46	in the child-care facility; or
47	47	(2) the unsafe children's product is being retrofitted
48	48	to make it safe and the product is not used by, or accessible to, any
49	49	child in the child-care facility.
50	50	(f) The department shall notify a child-care facility
51	51	subject to this section of the provisions of this section in plain,
52	52	nontechnical language that will enable the child-care facility to
53	53	effectively inspect the children's products at the facility and
54	54	identify unsafe children's products. The department shall provide
55	55	the notice required by this subsection:
56	56	(1) during the department's pre-application interview
57	57	for a license, registration, or certification; and
58	58	(2) during an inspection.
59	59	(g) At least annually, each child-care facility subject to
60	60	this section shall certify in writing that the facility has
61	61	reviewed each of the bulletins and notices issued by the United
62	62	States Consumer Product Safety Commission regarding unsafe
63	63	children's products and that there are no unsafe products in the
64	64	facility except products described by Subsection (e). The facility
65	65	shall retain the certification form completed by each facility in
66	66	the facility's licensing file.
67	67	(h) The executive commissioner of the Health and Human
68	68	Services Commission shall adopt rules and forms necessary to
69	69	implement this section.
70	70	SECTION 3. Section 42.055, Human Resources Code, is amended
71	71	by adding Subsection (a-1) to read as follows:
72	72	(a-1) A licensed day-care center, licensed group day-care
73	73	home, or registered family home subject to Section 42.0423 shall
74	74	include in the sign required under Subsection (a) a description of
75	75	how to access a listing of unsafe children's products on the United
76	76	States Consumer Product Safety Commission's Internet website or
77	77	through the department's public Internet website.
78	78	SECTION 4. This Act takes effect September 1, 2009.