BILL ANALYSIS C.S.H.B. 4127 By: Davis, Aicha Human Services Committee Report (Substituted) BACKGROUND AND PURPOSE The Health and Human Services Commission (HHSC) establishes comprehensive statewide minimum standards for the health and safety of child-care facilities and registered family homes. Additional HHSC responsibilities include collecting and publishing data on reported incidents in licensed day-care centers that impair the basic safety, health, or welfare of a child in collaboration with the Department of Family and Protective Services. However, the bill author has informed the committee that some Texas cities, through municipal code enforcement, have required state licensed child-care homes and family homes to modify their facilities beyond the scope of state-level child-care regulation and that some cities are restricting child-care center capacity beyond the restrictions in state standards. C.S.H.B. 4127 seeks to provide regulatory certainty for group day-care homes and family homes by prohibiting a political subdivision from requiring those facilities to comply with health and safety standards that exceed the standards established by statute or HHSC rule. 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 C.S.H.B. 4127 amends the Local Government Code to prohibit a political subdivision from adopting or enforcing an ordinance, order, or other measure that requires a group day-care home or family home licensed, registered, or listed under Human Resources Code provisions relating to the regulation of certain facilities, homes, and agencies that provide child-care services to comply with health and safety standards that exceed the standards established by statute or Health and Human Services Commission rule. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 4127 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Whereas the introduced prohibited a political subdivision from adopting or enforcing a measure that requires a licensed child-care home or family home registered or listed under certain Human Resources Code provisions to comply with the applicable health and safety standards, the substitute instead prohibits a political subdivision from adopting or enforcing a measure that requires a group day-care home or family home licensed, registered, or listed under those provisions to comply with the applicable health and safety standards.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 4127
By: Davis, Aicha
Human Services
Committee Report (Substituted)
C.S.H.B. 4127
By: Davis, Aicha
Human Services
Committee Report (Substituted)
BACKGROUND AND PURPOSE The Health and Human Services Commission (HHSC) establishes comprehensive statewide minimum standards for the health and safety of child-care facilities and registered family homes. Additional HHSC responsibilities include collecting and publishing data on reported incidents in licensed day-care centers that impair the basic safety, health, or welfare of a child in collaboration with the Department of Family and Protective Services. However, the bill author has informed the committee that some Texas cities, through municipal code enforcement, have required state licensed child-care homes and family homes to modify their facilities beyond the scope of state-level child-care regulation and that some cities are restricting child-care center capacity beyond the restrictions in state standards. C.S.H.B. 4127 seeks to provide regulatory certainty for group day-care homes and family homes by prohibiting a political subdivision from requiring those facilities to comply with health and safety standards that exceed the standards established by statute or HHSC rule.
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 C.S.H.B. 4127 amends the Local Government Code to prohibit a political subdivision from adopting or enforcing an ordinance, order, or other measure that requires a group day-care home or family home licensed, registered, or listed under Human Resources Code provisions relating to the regulation of certain facilities, homes, and agencies that provide child-care services to comply with health and safety standards that exceed the standards established by statute or Health and Human Services Commission rule.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 4127 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Whereas the introduced prohibited a political subdivision from adopting or enforcing a measure that requires a licensed child-care home or family home registered or listed under certain Human Resources Code provisions to comply with the applicable health and safety standards, the substitute instead prohibits a political subdivision from adopting or enforcing a measure that requires a group day-care home or family home licensed, registered, or listed under those provisions to comply with the applicable health and safety standards.
BACKGROUND AND PURPOSE
The Health and Human Services Commission (HHSC) establishes comprehensive statewide minimum standards for the health and safety of child-care facilities and registered family homes. Additional HHSC responsibilities include collecting and publishing data on reported incidents in licensed day-care centers that impair the basic safety, health, or welfare of a child in collaboration with the Department of Family and Protective Services. However, the bill author has informed the committee that some Texas cities, through municipal code enforcement, have required state licensed child-care homes and family homes to modify their facilities beyond the scope of state-level child-care regulation and that some cities are restricting child-care center capacity beyond the restrictions in state standards. C.S.H.B. 4127 seeks to provide regulatory certainty for group day-care homes and family homes by prohibiting a political subdivision from requiring those facilities to comply with health and safety standards that exceed the standards established by statute or HHSC rule.
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
C.S.H.B. 4127 amends the Local Government Code to prohibit a political subdivision from adopting or enforcing an ordinance, order, or other measure that requires a group day-care home or family home licensed, registered, or listed under Human Resources Code provisions relating to the regulation of certain facilities, homes, and agencies that provide child-care services to comply with health and safety standards that exceed the standards established by statute or Health and Human Services Commission rule.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 4127 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
Whereas the introduced prohibited a political subdivision from adopting or enforcing a measure that requires a licensed child-care home or family home registered or listed under certain Human Resources Code provisions to comply with the applicable health and safety standards, the substitute instead prohibits a political subdivision from adopting or enforcing a measure that requires a group day-care home or family home licensed, registered, or listed under those provisions to comply with the applicable health and safety standards.