Texas Senate Bill SB95

Texas 2009 - 81st Regular

• Filed: 11/10/08
• Out of Senate Committee: 4/1/09
• Voted on by Senate: 4/9/09
• Out of House Committee: 4/27/09
• Voted on by House: 5/5/09
• Governor Action: 5/19/09
• Enrolled: 5/6/09
• Passed: 5/19/09

Caption

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

Impact

By broadening the scope of product safety regulations, SB95 proposes significant changes to state laws governing child-care practices. The bill outlines clear criteria for determining whether a product is unsafe, such as non-compliance with federal safety regulations or any product recalls. This measure mandates that child-care facilities conduct regular inventory checks and certifications to confirm the compliance of children's products, thereby potentially contributing to a reduction in accidents and injuries associated with unsafe products in child-care settings.

Summary

Senate Bill 95, also known as the Children's Products Safety Act, seeks to enhance the safety of products used by young children in child-care facilities across Texas. The bill imposes strict prohibitions on the sale or use of unsafe children's products, which are defined as items designed for children under eight years of age that do not meet established safety standards. This legislation aims to protect children and ensure that child-care centers are safe environments by regulating the types of products that can be used and introducing measurable penalties for non-compliance.

Contention

Discussions around SB95 highlight the importance of child safety against concerns regarding the regulatory burden it may create for small child-care providers. While proponents argue that the bill is essential for protecting the well-being of children, skeptics contend that the requirements could impose financial and administrative challenges. Additionally, since the bill calls for the Department of Family and Protective Services to monitor compliance and enforce penalties, critics worry about the resource allocation needed to implement these measures effectively, especially for smaller facilities that may lack the capacity to meet new regulatory demands.