Texas House Bill HB4170

Texas 2023 - 88th Regular

• Filed: 3/8/23
• Out of House Committee: 4/24/23
• Voted on by House: 5/2/23
• Out of Senate Committee: 5/18/23
• Voted on by Senate: 5/21/23
• Governor Action: 6/10/23

Caption

Relating to enforcement actions taken against a child-care or child-placing agency administrator's license.

Impact

The bill introduces stricter criteria for the licensing of child-care agency administrators, thereby tightening the regulatory environment for child-care services. This could lead to improved safety standards and enhanced protection for children under the care of these agencies. By creating a barrier for those who have previously violated regulations, the law intends to deter problematic agency operators from continuing their practices. Furthermore, it marks an important legislative move focusing on the wellbeing of children, which is likely to resonate positively with child advocacy groups and concerned members of the community. However, this change could also be seen as burdensome for some individuals who may have faced earlier disciplinary actions but show commitment to reforming their practice.

Summary

House Bill 4170 addresses enforcement actions related to the licensing of child-care and child-placing agency administrators in Texas. Specifically, the bill seeks to close a significant gap in the current Human Resources Code that allows individuals with a history of serious health and safety violations to potentially open a new agency immediately after their license is revoked or not renewed. Under HB 4170, any individual whose license has been revoked by the Health and Human Services Commission (HHS) will be prohibited from applying for another license for a period of five years. This mechanism aims to enhance oversight and accountability within the child-care sector, ensuring that those who have failed to operate within the legal and safety frameworks are not able to re-enter the field without a substantial waiting period.

Sentiment

The sentiment surrounding HB 4170 appears to be largely supportive among legislators involved in its discussion. Many stakeholders emphasize the importance of maintaining high standards in child-care services, arguing that failures in the past should carry appropriate ramifications to protect children’s safety. On the other hand, some critics express concern about the potential impact on individuals eager to demonstrate their competence and capability to operate within the child-care sector again. The wait period may be seen as overly punitive for those who have learned from their mistakes and are genuinely seeking to improve their practice.

Contention

Notable points of contention primarily revolve around the fairness of imposing a five-year waiting period for re-application. Some opponents argue that this may create a disproportionate impact on specific individuals or agencies and may not consider the nuances of individual circumstances. Additionally, discussions regarding the broader implications on the child-care industry and its workforce have surfaced, as the law's implementation may affect the availability of administrators and, in turn, the services provided to families in need of child-care.

Texas Constitutional Statutes Affected

Human Resources Code

• Chapter 43. Regulation Of Child-care And Child-placing Agency Administrators
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