81R8466 EAH-D
By: Nelson S.B. No. 893
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county to regulate and inspect
day-care centers and group day-care homes; providing a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 234, Local Government Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. REGULATION OF DAY-CARE CENTERS AND GROUP DAY-CARE
HOMES LOCATED IN UNINCORPORATED AREAS
Sec. 234.051. DEFINITIONS. In this subchapter:
(1) "Day-care center" has the meaning assigned by
Section 42.002, Human Resources Code.
(2) "Group day-care home" has the meaning assigned by
Section 42.002, Human Resources Code.
Sec. 234.052. APPLICABILITY. This subchapter applies only
to a county with a population of 700,000 or more.
Sec. 234.053. COUNTY MAY REQUIRE CERTIFICATE. The
commissioners court of a county by order may require a day-care
center or group day-care home located in an unincorporated area of
the county to obtain a health and sanitation certificate from the
county.
Sec. 234.054. FACILITY INSPECTION FOR CERTIFICATE ISSUED BY
COUNTY. (a) A county health officer or official designated by the
commissioners court may conduct an inspection of a day-care center
or group day-care home before issuing a certificate under Section
234.053.
(b) The county may charge a fee to a day-care center or group
day-care home for an inspection conducted under this section in an
amount determined by the commissioners court to cover the cost of
the inspection.
Sec. 234.055. RULES. The commissioners court may adopt
rules as necessary to administer this subchapter.
Sec. 234.056. INJUNCTION. A district or county attorney may
bring suit to enjoin the operation of a day-care center or group
day-care home in violation of this subchapter or a rule or order
adopted by a county under this subchapter.
Sec. 234.057. OFFENSE. A person commits an offense if a
person violates a provision of this subchapter or a rule or order
adopted under this subchapter. An offense under this section is a
Class C misdemeanor.
SECTION 2. Chapter 234, Local Government Code, is amended
by adding Subchapter D to read as follows:
SUBCHAPTER D. COUNTY INSPECTION OF DAY-CARE CENTERS AND GROUP
DAY-CARE HOMES LOCATED IN MUNICIPALITIES
Sec. 234.071. DEFINITIONS. In this subchapter:
(1) "Day-care center" has the meaning assigned by
Section 42.002, Human Resources Code.
(2) "Group day-care home" has the meaning assigned by
Section 42.002, Human Resources Code.
Sec. 234.072. APPLICABILITY. This subchapter applies only
to a county with a population of 700,000 or more.
Sec. 234.073. FACILITY INSPECTION REQUIRED BY
MUNICIPALITY. A county health officer or official designated by
the commissioners court may contract with a municipality for the
county to conduct an inspection required by the municipality of a
day-care center or group day-care home located in the municipality.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.