Texas 2017 - 85th Regular

Texas House Bill HB3788 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		85R18542 MM-D
2		-	By: Koop, Rose, Miller, Keough, Anchia H.B. No. 3788
	2	+	By: Koop, Rose, Miller, Keough H.B. No. 3788
	3	+	Substitute the following for H.B. No. 3788:
	4	+	By: Keough C.S.H.B. No. 3788
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to child-to-caregiver ratios and group sizes in licensed
8	10		day-care centers and reporting certain information related to child
9	11		safety.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
12	14		is amended by adding Section 42.0412 to read as follows:
13	15		Sec. 42.0412. COLLECTION OF LICENSED DAY-CARE CENTER DATA.
14	16		(a) In this section, "group of children" means the number of
15	17		children assigned to a specific caregiver or group of caregivers,
16	18		occupying an individual classroom or well-defined physical space
17	19		within a larger room at a day-care center.
18	20		(b) During each monitoring inspection of a licensed
19	21		day-care center the department conducts between March 1, 2018, and
20	22		May 31, 2018, the department, using existing resources, shall
21	23		collect the following data for each group of children four years of
22	24		age and younger in the day-care center:
23	25		(1) the specified age of the children in the group as
24	26		determined by the formula provided in the department's minimum
25	27		standards for child-care centers;
26	28		(2) the number of children in the group; and
27	29		(3) the number of caregivers supervising the children
28	30		in the group.
29	31		(c) Not later than June 30, 2018, the department shall make
30	32		the data collected under Subsection (b) available to community
31	33		agencies and institutions of higher education on request.
32	34		(d) The department shall collect the following information
33	35		for each licensed day-care center from which the department
34	36		collected data under Subsection (b) and on request shall provide
35	37		the information to community agencies and institutions of higher
36	38		education:
37	39		(1) the licensed day-care center's program capacity;
38	40		(2) the number of confirmed serious injuries and
39	41		fatalities for children four years of age and younger that occurred
40	42		at the day-care center between September 1, 2017, and August 31,
41	43		2018, aggregated by the age of the injured or deceased child;
42	44		(3) the number of investigations the department
43	45		conducted at the day-care center between September 1, 2017, and
44	46		August 31, 2018, involving a child who is four years of age or
45	47		younger that were assigned the highest priority or second-highest
46	48		priority, aggregated by the age of the youngest affected child; and
47	49		(4) the total number of violations that the department
48	50		found at the day-care center during investigations described by
49	51		Subdivision (3).
50	52		(e) The department, using existing resources, shall provide
51	53		an annual report to the legislature that includes:
52	54		(1) the number of confirmed serious injuries and
53	55		fatalities for children four years of age and younger that occurred
54	56		at each licensed day-care center, aggregated by the age of the
55	57		injured or deceased child;
56	58		(2) the priority assigned to the investigation
57	59		conducted by the department in response to an incident that
58	60		resulted in a serious injury or child fatality;
59	61		(3) the number of investigations conducted by the
60	62		department at each licensed day-care center involving a child four
61	63		years of age or younger that were assigned the highest priority or
62	64		second-highest priority, aggregated by the age of the youngest
63	65		affected child; and
64	66		(4) the number of violations the department found at
65	67		each licensed day-care center during investigations described by
66	68		Subdivision (3).
67	69		(f) This subsection and Subsections (a), (b), (c), and (d)
68	70		expire on September 1, 2019.
69	71		SECTION 2. Section 42.042, Human Resources Code, is amended
70	72		by amending Subsection (m) and adding Subsection (m-1) to read as
71	73		follows:
72	74		(m) In determining minimum standards relating to
73	75		child-to-caregiver [staff-to-child] ratios, group sizes, or square
74	76		footage requirements applicable to nonresidential child-care
75	77		facilities that provide care for less than 24 hours a day, the
76	78		department shall, within available appropriations, conduct a
77	79		comprehensive cost-benefit analysis and economic impact study that
78	80		includes families and licensed child-care providers.
79	81		(m-1) Not later than January 1, 2019, the executive
80	82		commissioner shall use the data collected under Section 42.0412 to
81	83		determine whether to modify the standards related to
82	84		child-to-caregiver ratios and group sizes. In determining whether
83	85		to modify the standards, the executive commissioner shall compare
84	86		licensed day-care centers that meet the child-to-caregiver ratios
85	87		and group size requirements with licensed day-care centers that
86	88		have lower child-to-caregiver ratios. The executive commissioner
87	89		shall recommend appropriate adjustments to any standards related to
88	90		child-to-caregiver ratios or group sizes if the data shows that
89	91		day-care centers that meet the minimum child-to-caregiver ratios
90	92		and group size requirements have a rate that is 10 percent or higher
91	93		than day-care centers with lower child-to-caregiver ratios of:
92	94		(1) confirmed serious injuries;
93	95		(2) confirmed child fatalities; or
94	96		(3) investigations conducted by the department that
95	97		are assigned the highest priority or the second-highest priority.
96	98		SECTION 3. This Act takes effect immediately if it receives
97	99		a vote of two-thirds of all the members elected to each house, as
98	100		provided by Section 39, Article III, Texas Constitution. If this
99	101		Act does not receive the vote necessary for immediate effect, this
100	102		Act takes effect September 1, 2017.