TX
Texas House Bill HB1682

Texas 2019 - 86th Regular

Texas House Bill HB1682 Compare Versions

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1-86R24068 SCL-F
2- By: Raney, Hinojosa, Clardy, Meza, Meyer, H.B. No. 1682
3- et al.
4- Substitute the following for H.B. No. 1682:
5- By: Rose C.S.H.B. No. 1682
1+86R6397 SCL-F
2+ By: Raney H.B. No. 1682
63
74
85 A BILL TO BE ENTITLED
96 AN ACT
107 relating to collection and use of child safety data for licensed
118 day-care centers.
129 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13- SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
10+ SECTION 1. Section 42.002, Human Resources Code, is amended
11+ by adding Subdivision (25) to read as follows:
12+ (25) "Commission" means the Health and Human Services
13+ Commission.
14+ SECTION 2. Subchapter C, Chapter 42, Human Resources Code,
1415 is amended by adding Section 42.0412 to read as follows:
1516 Sec. 42.0412. COLLECTION OF LICENSED DAY-CARE CENTER DATA.
1617 (a) In this section, "group of children" and "specified age" are
1718 determined by the formula provided in the commission's minimum
1819 standards for child-care centers.
19- (b) The commission, in collaboration with the department
20- and using existing resources, shall collect, compile, and publish
21- on the commission's Internet website the following data aggregated
22- by child age on reported incidents in licensed day-care centers
23- that threaten or impair the basic health, safety, or welfare of a
24- child:
20+ (b) The commission, using existing resources, shall
21+ collect, compile, and publish on the commission's Internet website
22+ the following data aggregated by child age on reported incidents in
23+ licensed day-care centers that threaten or impair the basic health,
24+ safety, or welfare of a child:
2525 (1) the number of incidents investigated by the
26- commission or department and assigned the commission's highest
27- priority;
26+ commission and assigned the commission's highest priority;
2827 (2) the number of incidents investigated by the
29- commission or department and assigned the commission's
30- second-highest priority;
31- (3) the number of violations;
28+ commission and assigned the commission's second-highest priority;
29+ (3) the number of incidents confirmed as serious;
3230 (4) the number of confirmed serious injuries to
3331 children; and
3432 (5) the number of child fatalities.
3533 (c) During each monitoring inspection of a licensed
3634 day-care center the commission conducts, the commission, using
3735 existing resources, shall collect the following data for each group
3836 of children four years of age and younger in the day-care center:
3937 (1) the specified age of the children in the group;
4038 (2) the number of children in the group; and
4139 (3) the number of caregivers supervising the children
4240 in the group.
4341 (d) The commission shall make the data collected under this
4442 section available to persons researching the factors related to
4543 child injury, maltreatment, and death in licensed day-care centers
4644 on request.
4745 (e) The commission, using existing resources, shall provide
4846 an annual report to the legislature that includes:
4947 (1) the number of confirmed serious injuries and
5048 fatalities for children four years of age and younger that occurred
51- at each licensed day-care center, including information collected
52- by the department, aggregated by the age of the injured or deceased
53- child;
49+ at each licensed day-care center, aggregated by the age of the
50+ injured or deceased child;
5451 (2) the priority assigned to the investigation
55- conducted by the commission or department in response to an
56- incident that resulted in a serious injury or child fatality;
52+ conducted by the commission in response to an incident that
53+ resulted in a serious injury or child fatality;
5754 (3) the number of investigations conducted by the
58- commission or department at each licensed day-care center involving
59- a child four years of age or younger that were assigned the highest
60- priority or second-highest priority, aggregated by the age of the
61- youngest affected child; and
55+ commission at each licensed day-care center involving a child four
56+ years of age or younger that were assigned the highest priority or
57+ second-highest priority, aggregated by the age of the youngest
58+ affected child; and
6259 (4) the number of violations the commission found at
6360 each licensed day-care center during investigations described by
6461 Subdivision (3).
65- SECTION 2. Section 42.042, Human Resources Code, is amended
62+ SECTION 3. Section 42.042, Human Resources Code, is amended
6663 by adding Subsection (m-1) to read as follows:
6764 (m-1) Not later than January 1, 2021, the executive
68- commissioner shall review the data collected under Section 42.0412
69- and prepare and submit to the legislature a report that includes
70- recommendations regarding modifications to the minimum standards
71- by age group to enhance child safety. This subsection expires
72- September 1, 2023.
73- SECTION 3. Notwithstanding Section 42.0412(d), Human
65+ commissioner shall use the data collected under Section 42.0412 to
66+ determine whether to modify the minimum standards by age group to
67+ enhance child safety. This subsection expires September 1, 2023.
68+ SECTION 4. Notwithstanding Section 42.0412(d), Human
7469 Resources Code, as added by this Act, the Health and Human Services
7570 Commission is not required to comply with that subsection until
7671 January 31, 2020.
77- SECTION 4. This Act takes effect immediately if it receives
72+ SECTION 5. This Act takes effect immediately if it receives
7873 a vote of two-thirds of all the members elected to each house, as
7974 provided by Section 39, Article III, Texas Constitution. If this
8075 Act does not receive the vote necessary for immediate effect, this
8176 Act takes effect September 1, 2019.