Texas 2023 88th Regular

Texas Senate Bill SB1242 Analysis / Analysis

Filed 05/18/2023

                    BILL ANALYSIS             S.B. 1242     By: LaMantia     Human Services     Committee Report (Unamended)             BACKGROUND AND PURPOSE    Currently, when the Health and Human Services Commission (HHSC) imposes an administrative penalty on a day-care center, the director of that center is not able to train staff at the center for two years even if the center selects a new director within that two-year period. This creates a financial burden on day-care centers, as it requires them to seek outside training for staff regardless of whether the center has had a positive change in leadership since receiving the penalty. S.B. 1242 seeks to address this issue by allowing a newly designated director of a day-care center that received an administrative penalty from HHSC to train staff immediately so long as the newly designated director was not the director at the center when HHSC imposed the penalty.        CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.       ANALYSIS    S.B. 1242 amends the Human Resources Code to authorize a person who is the director of a day-care center to provide training that meets the minimum training standards prescribed by the executive commissioner of the Health and Human Services Commission (HHSC) for an employee, director, or operator of a day-care center, group day-care home, or registered family home regardless of whether HHSC imposed an administrative penalty under provisions regulating such facilities against the day-care center, provided that the person was not the director of the day-care center at the time HHSC imposed the penalty.       EFFECTIVE DATE    September 1, 2023.          

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

S.B. 1242
By: LaMantia
Human Services
Committee Report (Unamended)

S.B. 1242

By: LaMantia

Human Services

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE    Currently, when the Health and Human Services Commission (HHSC) imposes an administrative penalty on a day-care center, the director of that center is not able to train staff at the center for two years even if the center selects a new director within that two-year period. This creates a financial burden on day-care centers, as it requires them to seek outside training for staff regardless of whether the center has had a positive change in leadership since receiving the penalty. S.B. 1242 seeks to address this issue by allowing a newly designated director of a day-care center that received an administrative penalty from HHSC to train staff immediately so long as the newly designated director was not the director at the center when HHSC imposed the penalty.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS    S.B. 1242 amends the Human Resources Code to authorize a person who is the director of a day-care center to provide training that meets the minimum training standards prescribed by the executive commissioner of the Health and Human Services Commission (HHSC) for an employee, director, or operator of a day-care center, group day-care home, or registered family home regardless of whether HHSC imposed an administrative penalty under provisions regulating such facilities against the day-care center, provided that the person was not the director of the day-care center at the time HHSC imposed the penalty.
EFFECTIVE DATE    September 1, 2023.

BACKGROUND AND PURPOSE 

 

Currently, when the Health and Human Services Commission (HHSC) imposes an administrative penalty on a day-care center, the director of that center is not able to train staff at the center for two years even if the center selects a new director within that two-year period. This creates a financial burden on day-care centers, as it requires them to seek outside training for staff regardless of whether the center has had a positive change in leadership since receiving the penalty. S.B. 1242 seeks to address this issue by allowing a newly designated director of a day-care center that received an administrative penalty from HHSC to train staff immediately so long as the newly designated director was not the director at the center when HHSC imposed the penalty. 

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY 

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS 

 

S.B. 1242 amends the Human Resources Code to authorize a person who is the director of a day-care center to provide training that meets the minimum training standards prescribed by the executive commissioner of the Health and Human Services Commission (HHSC) for an employee, director, or operator of a day-care center, group day-care home, or registered family home regardless of whether HHSC imposed an administrative penalty under provisions regulating such facilities against the day-care center, provided that the person was not the director of the day-care center at the time HHSC imposed the penalty.

 

EFFECTIVE DATE 

 

September 1, 2023.