1 | 1 | | 85R23129 MCK-F |
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2 | 2 | | By: Miller, Thompson of Harris H.B. No. 2664 |
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3 | 3 | | Substitute the following for H.B. No. 2664: |
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4 | 4 | | By: Frank C.S.H.B. No. 2664 |
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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 nutrition and fitness standards for certain child-care |
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10 | 10 | | facilities and training for employees at those facilities. |
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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 adding Subsections (s), (t), (u), and (v) to read as follows: |
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14 | 14 | | (s) The executive commissioner by rule shall adopt minimum |
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15 | 15 | | standards that apply to day-care centers, group day-care homes, and |
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16 | 16 | | registered family homes for nutrition and daily dietary |
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17 | 17 | | requirements, physical activity, and time spent using or viewing |
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18 | 18 | | electronic devices. The minimum standards under this subsection |
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19 | 19 | | must be consistent with: |
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20 | 20 | | (1) the nutrition and meal pattern standards in the |
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21 | 21 | | Child and Adult Care Food Program administered by the Department of |
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22 | 22 | | Agriculture; and |
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23 | 23 | | (2) American Academy of Pediatrics standards for |
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24 | 24 | | physical activity and screen time as published in Caring for Our |
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25 | 25 | | Children: National Health and Safety Performance Standards; |
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26 | 26 | | Guidelines for Early Care and Education Programs, 3rd Edition. |
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27 | 27 | | (t) The executive commissioner shall review any subsequent |
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28 | 28 | | amendments to the standards described by Subsection (s) and |
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29 | 29 | | determine whether the rules adopted under that subsection should be |
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30 | 30 | | amended to incorporate the new standards. |
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31 | 31 | | (u) A day-care center, group day-care home, or registered |
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32 | 32 | | family home is not required to participate in or comply with the |
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33 | 33 | | reporting requirements of the Child and Adult Care Food Program |
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34 | 34 | | administered by the Department of Agriculture. |
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35 | 35 | | (v) The executive commissioner by rule shall require |
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36 | 36 | | day-care centers, group day-care homes, and registered family homes |
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37 | 37 | | to provide to parents, guardians, or caregivers of children |
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38 | 38 | | enrolled at the facility information on: |
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39 | 39 | | (1) sample healthy meals and snacks; and |
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40 | 40 | | (2) food allergies and choking hazards. |
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41 | 41 | | SECTION 2. Section 42.0421(a), Human Resources Code, is |
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42 | 42 | | amended to read as follows: |
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43 | 43 | | (a) The minimum training standards prescribed by the |
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44 | 44 | | executive commissioner under Section 42.042(p) for an employee, |
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45 | 45 | | director, or operator of a day-care center, group day-care home, or |
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46 | 46 | | registered family home must include: |
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47 | 47 | | (1) 24 hours of initial training that must be |
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48 | 48 | | completed not later than the 90th day after the employee's first day |
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49 | 49 | | of employment for an employee of a day-care center who has no |
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50 | 50 | | previous training or less than two years of employment experience |
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51 | 51 | | in a regulated child-care facility, eight hours of which must be |
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52 | 52 | | completed before the employee is given responsibility for a group |
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53 | 53 | | of children; |
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54 | 54 | | (2) 24 hours of annual training for each employee of a |
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55 | 55 | | day-care center or group day-care home, excluding the director, |
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56 | 56 | | which must include at least six hours of training in one or more of |
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57 | 57 | | the following areas: |
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58 | 58 | | (A) child growth and development; |
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59 | 59 | | (B) guidance and discipline; |
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60 | 60 | | (C) age-appropriate curriculum; [and] |
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61 | 61 | | (D) teacher-child interaction; and |
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62 | 62 | | (E) child nutrition and age-appropriate indoor |
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63 | 63 | | and outdoor activities; and |
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64 | 64 | | (3) 30 hours of annual training for each director of a |
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65 | 65 | | day-care center or group day-care home, or operator of a registered |
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66 | 66 | | family home, which must include at least six hours of training in |
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67 | 67 | | one or more of the following areas: |
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68 | 68 | | (A) child growth and development; |
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69 | 69 | | (B) guidance and discipline; |
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70 | 70 | | (C) age-appropriate curriculum; [and] |
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71 | 71 | | (D) teacher-child interaction; and |
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72 | 72 | | (E) child nutrition and age-appropriate indoor |
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73 | 73 | | and outdoor activities. |
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74 | 74 | | SECTION 3. Section 2308.3155(b), Government Code, is |
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75 | 75 | | amended to read as follows: |
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76 | 76 | | (b) The commission shall adopt rules to administer the Texas |
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77 | 77 | | Rising Star Program, including: |
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78 | 78 | | (1) guidelines for rating a child-care provider who |
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79 | 79 | | provides child care to a child younger than 13 years of age, |
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80 | 80 | | including infants and toddlers, enrolled in the subsidized program; |
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81 | 81 | | [and] |
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82 | 82 | | (2) guidelines for rating a child-care provider on: |
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83 | 83 | | (A) nutrition, lunch provision, and menu |
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84 | 84 | | planning; and |
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85 | 85 | | (B) indoor and outdoor activities; |
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86 | 86 | | (3) a scoring methodology that credits a provider for |
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87 | 87 | | participating in, and remaining in good standing with, the Child |
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88 | 88 | | and Adult Care Food Program administered by the Department of |
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89 | 89 | | Agriculture; and |
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90 | 90 | | (4) a timeline and process for regularly reviewing and |
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91 | 91 | | updating the quality standards used to determine the rating system |
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92 | 92 | | that includes the commission's consideration of input from |
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93 | 93 | | interested parties regarding those standards. |
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94 | 94 | | SECTION 4. As soon as practicable after the effective date |
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95 | 95 | | of this Act, the executive commissioner of the Health and Human |
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96 | 96 | | Services Commission and the Texas Workforce Commission shall adopt |
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97 | 97 | | the rules necessary to implement the changes in law made by this |
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98 | 98 | | Act. |
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99 | 99 | | SECTION 5. This Act takes effect September 1, 2017. |
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