Texas 2019 - 86th Regular

Texas Senate Bill SB708 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 708
	1	+	By: Zaffirini, et al. S.B. No. 708
	2	+	(Raney, Hinojosa, Clardy, Meza, Meyer, et al.)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to collection and use of child safety data for licensed
6	8		day-care centers.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
9	11		is amended by adding Section 42.0412 to read as follows:
10	12		Sec. 42.0412. COLLECTION OF LICENSED DAY-CARE CENTER DATA.
11	13		(a) In this section, "group of children" and "specified age" are
12	14		determined by the formula provided in the commission's minimum
13	15		standards for child-care centers.
14	16		(b) The commission, in collaboration with the department
15	17		and using existing resources, shall collect, compile, and publish
16	18		on the commission's Internet website the following data aggregated
17	19		by child age on reported incidents in licensed day-care centers
18	20		that threaten or impair the basic health, safety, or welfare of a
19	21		child:
20	22		(1) the number of incidents investigated by the
21	23		commission or department and assigned the commission's highest
22	24		priority;
23	25		(2) the number of incidents investigated by the
24	26		commission or department and assigned the commission's
25	27		second-highest priority;
26	28		(3) the number of violations;
27	29		(4) the number of confirmed serious injuries to
28	30		children; and
29	31		(5) the number of child fatalities.
30	32		(c) During each monitoring inspection of a licensed
31	33		day-care center the commission conducts, the commission, using
32	34		existing resources, shall collect the following data for each group
33	35		of children four years of age and younger in the day-care center:
34	36		(1) the specified age of the children in the group;
35	37		(2) the number of children in the group; and
36	38		(3) the number of caregivers supervising the children
37	39		in the group.
38		-	(c-1) The commission, using existing resources, shall
39		-	collect and publish on the commission's Internet website data on
40		-	the total number of employees who left employment with each
41		-	licensed day-care center during the preceding calendar year.
42	40		(d) The commission shall make the data collected under this
43	41		section available to persons researching the factors related to
44	42		child injury, maltreatment, and death in licensed day-care centers
45	43		on request.
46	44		(e) The commission, using existing resources, shall provide
47	45		an annual report to the legislature that includes:
48	46		(1) the number of confirmed serious injuries and
49		-	fatalities for children four years of age and younger, aggregated
50		-	by the age of the injured or deceased child, including information
51		-	collected by the department, that occurred:
52		-	(A) at each licensed day-care center; and
53		-	(B) at a location other than a licensed day-care
54		-	center;
	47	+	fatalities for children four years of age and younger that occurred
	48	+	at each licensed day-care center, including information collected
	49	+	by the department, aggregated by the age of the injured or deceased
	50	+	child;
55	51		(2) the priority assigned to the investigation
56	52		conducted by the commission or department in response to an
57	53		incident that resulted in a serious injury or child fatality;
58	54		(3) the number of investigations conducted by the
59	55		commission or department at each licensed day-care center involving
60	56		a child four years of age or younger that were assigned the highest
61	57		priority or second-highest priority, aggregated by the age of the
62		-	youngest affected child;
	58	+	youngest affected child; and
63	59		(4) the number of violations the commission found at
64	60		each licensed day-care center during investigations described by
65		-	Subdivision (3); and
66		-	(5) a comparison on whether children under the
67		-	supervision of a licensed day-care center are more likely than
68		-	children outside the supervision of a licensed day-care center to
69		-	suffer a serious injury or death.
70		-	(f) The commission, in collaboration with the department
71		-	and using existing resources, shall research, collect, compile, and
72		-	publish on the commission's Internet website, in a way that allows
73		-	meaningful comparison on a pro-rata basis of the relative frequency
74		-	of each event included in the information required under Subsection
75		-	(b)(4) and (5), the following data aggregated by child age
76		-	regarding incidents at a location other than a licensed day-care
77		-	center that threaten or impair the basic health, safety, or welfare
78		-	of a child:
79		-	(1) the number of confirmed serious injuries to
80		-	children; and
81		-	(2) the number of child fatalities.
82		-	(g) The commission may collaborate with one or more state
83		-	agencies to perform a duty under Subsections (e) and (f).
	61	+	Subdivision (3).
84	62		SECTION 2. Section 42.042, Human Resources Code, is amended
85	63		by adding Subsection (m-1) to read as follows:
86	64		(m-1) Not later than January 1, 2021, the executive
87	65		commissioner shall review the data collected under Section 42.0412
88	66		and prepare and submit to the legislature a report that includes
89		-	legislative and regulatory recommendations by age group to enhance
90		-	child safety. This subsection expires September 1, 2023.
	67	+	recommendations regarding modifications to the minimum standards
	68	+	by age group to enhance child safety. This subsection expires
	69	+	September 1, 2023.
91	70		SECTION 3. Notwithstanding Section 42.0412(d), Human
92	71		Resources Code, as added by this Act, the Health and Human Services
93	72		Commission is not required to comply with that subsection until
94	73		January 31, 2020.
95	74		SECTION 4. This Act takes effect immediately if it receives
96	75		a vote of two-thirds of all the members elected to each house, as
97	76		provided by Section 39, Article III, Texas Constitution. If this
98	77		Act does not receive the vote necessary for immediate effect, this
99	78		Act takes effect September 1, 2019.
100		-	______________________________ ______________________________
101		-	President of the Senate Speaker of the House
102		-	I hereby certify that S.B. No. 708 passed the Senate on
103		-	May 1, 2019, by the following vote: Yeas 30, Nays 1; and that the
104		-	Senate concurred in House amendments on May 23, 2019, by the
105		-	following vote: Yeas 28, Nays 3.
106		-	______________________________
107		-	Secretary of the Senate
108		-	I hereby certify that S.B. No. 708 passed the House, with
109		-	amendments, on May 17, 2019, by the following vote: Yeas 137,
110		-	Nays 9, one present not voting.
111		-	______________________________
112		-	Chief Clerk of the House
113		-	Approved:
114		-	______________________________
115		-	Date
116		-	______________________________
117		-	Governor