Texas 2019 - 86th Regular

Texas Senate Bill SB867 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R5583 EAS-D
2	2	By: Watson S.B. No. 867
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of certain child-care facilities and
8	8	homes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 42.0421, Human Resources Code, is
11	11	amended by adding Subsection (a-1) to read as follows:
12	12	(a-1) The commission shall inform licensed and registered
13	13	child-care facilities about how to use the annual minimum training
14	14	required by this section to satisfy the training requirements to
15	15	earn the Child Development Associate (CDA) credential.
16	16	SECTION 2. Subchapter C, Chapter 42, Human Resources Code,
17	17	is amended by adding Section 42.04211 to read as follows:
18	18	Sec. 42.04211. PRESERVICE TRAINING FOR LISTED FAMILY HOMES.
19	19	(a) The executive commissioner by rule shall require the caretaker
20	20	of a listed family home to complete preservice training on:
21	21	(1) the developmental stages of children;
22	22	(2) age-appropriate activities for children;
23	23	(3) positive guidance and discipline of children;
24	24	(4) the fostering of children's self-esteem;
25	25	(5) supervision and safety practices in caring for
26	26	children;
27	27	(6) positive interactions with children; and
28	28	(7) preventing and controlling the spread of
29	29	communicable disease, as defined by Section 81.003, Health and
30	30	Safety Code, including immunization.
31	31	(b) The executive commissioner by rule shall require the
32	32	caretaker of a listed family home who provides care for a child
33	33	younger than 24 months of age to complete one hour of preservice
34	34	training on:
35	35	(1) recognizing and preventing shaken baby syndrome;
36	36	(2) understanding and using safe sleeping practices;
37	37	(3) preventing sudden infant death syndrome; and
38	38	(4) understanding early childhood brain development.
39	39	(c) The caretaker of a family home shall complete the
40	40	preservice training before the department may list the caretaker's
41	41	home.
42	42	SECTION 3. Subchapter C, Chapter 42, Human Resources Code,
43	43	is amended by adding Section 42.04413 to read as follows:
44	44	Sec. 42.04413. LISTED FAMILY HOME SITE VISITS. Before the
45	45	department may list a caretaker's home, the department shall
46	46	conduct a site visit of the home to ensure that the home does not
47	47	have a health or safety hazard on the property. If the caretaker of
48	48	a listed family home moves, the department shall conduct a site
49	49	visit of the caretaker's new home not later than the 30th day after
50	50	the date the caretaker begins providing child-care services in the
51	51	new home.
52	52	SECTION 4. Section 42.052(i), Human Resources Code, is
53	53	amended to read as follows:
54	54	(i) The department shall provide to a listed family home a
55	55	copy of the listing. A listing must contain a provision that
56	56	states: "THIS HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR
57	57	REGISTERED WITH THE DEPARTMENT OF FAMILY AND PROTECTIVE
58	58	SERVICES. IT HAS UNDERGONE AN INITIAL SITE VISIT BUT [NOT BEEN
59	59	INSPECTED AND] WILL NOT BE INSPECTED." The operator of a listed
60	60	home is not required to display the listing in a prominent place at
61	61	the home but shall make the listing available for examination. The
62	62	executive commissioner by rule shall provide for a sufficient
63	63	period to allow operators of family homes to comply with the listing
64	64	requirement of this section.
65	65	SECTION 5. Section 42.0522(b), Human Resources Code, is
66	66	amended to read as follows:
67	67	(b) A family home may not place a public advertisement that
68	68	uses the title "listed family home" or any variation of that phrase
69	69	unless the home is listed as provided by this chapter. Any public
70	70	advertisement for a listed family home that uses the title "listed
71	71	family home" must contain a provision in bold type stating: "THIS
72	72	HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED WITH
73	73	THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. IT HAS UNDERGONE
74	74	AN INITIAL SITE VISIT BUT [NOT BEEN INSPECTED AND] WILL NOT BE
75	75	INSPECTED."
76	76	SECTION 6. (a) The changes in law made by this Act apply to
77	77	family homes listed before, on, or after the effective date of this
78	78	Act.
79	79	(b) The caretaker of a family home listed before the
80	80	effective date of this Act shall complete the preservice training
81	81	required by Section 42.04211, Human Resources Code, as added by
82	82	this Act, not later than December 1, 2019.
83	83	(c) Not later than March 1, 2020, the Department of Family
84	84	and Protective Services shall conduct the site visit required by
85	85	Section 42.04413, Human Resources Code, as added by this Act, of
86	86	each family home listed before the effective date of this Act.
87	87	SECTION 7. This Act takes effect September 1, 2019.