Bill Text: TX SB708 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to collection and use of child safety data for licensed day-care centers.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-06-14 - Effective immediately [SB708 Detail]

Download: Texas-2019-SB708-Enrolled.html
 
 
  S.B. No. 708
 
 
 
 
AN ACT
  relating to collection and use of child safety data for licensed
  day-care centers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0412 to read as follows:
         Sec. 42.0412.  COLLECTION OF LICENSED DAY-CARE CENTER DATA.  
  (a)  In this section, "group of children" and "specified age" are
  determined by the formula provided in the commission's minimum
  standards for child-care centers.
         (b)  The commission, in collaboration with the department
  and using existing resources, shall collect, compile, and publish
  on the commission's Internet website the following data aggregated
  by child age on reported incidents in licensed day-care centers
  that threaten or impair the basic health, safety, or welfare of a
  child:
               (1)  the number of incidents investigated by the
  commission or department and assigned the commission's highest
  priority;
               (2)  the number of incidents investigated by the
  commission or department and assigned the commission's
  second-highest priority;
               (3)  the number of violations;
               (4)  the number of confirmed serious injuries to
  children; and
               (5)  the number of child fatalities.
         (c)  During each monitoring inspection of a licensed
  day-care center the commission conducts, the commission, using
  existing resources, shall collect the following data for each group
  of children four years of age and younger in the day-care center:
               (1)  the specified age of the children in the group;
               (2)  the number of children in the group; and
               (3)  the number of caregivers supervising the children
  in the group.
         (c-1)  The commission, using existing resources, shall
  collect and publish on the commission's Internet website data on
  the total number of employees who left employment with each
  licensed day-care center during the preceding calendar year. 
         (d)  The commission shall make the data collected under this
  section available to persons researching the factors related to
  child injury, maltreatment, and death in licensed day-care centers
  on request.
         (e)  The commission, using existing resources, shall provide
  an annual report to the legislature that includes:
               (1)  the number of confirmed serious injuries and
  fatalities for children four years of age and younger, aggregated
  by the age of the injured or deceased child, including information
  collected by the department, that occurred:
                     (A)  at each licensed day-care center; and
                     (B)  at a location other than a licensed day-care
  center;
               (2)  the priority assigned to the investigation
  conducted by the commission or department in response to an
  incident that resulted in a serious injury or child fatality;
               (3)  the number of investigations conducted by the
  commission or department at each licensed day-care center involving
  a child four years of age or younger that were assigned the highest
  priority or second-highest priority, aggregated by the age of the
  youngest affected child;
               (4)  the number of violations the commission found at
  each licensed day-care center during investigations described by
  Subdivision (3); and
               (5)  a comparison on whether children under the
  supervision of a licensed day-care center are more likely than
  children outside the supervision of a licensed day-care center to
  suffer a serious injury or death.
         (f)  The commission, in collaboration with the department
  and using existing resources, shall research, collect, compile, and
  publish on the commission's Internet website, in a way that allows
  meaningful comparison on a pro-rata basis of the relative frequency
  of each event included in the information required under Subsection
  (b)(4) and (5), the following data aggregated by child age
  regarding incidents at a location other than a licensed day-care
  center that threaten or impair the basic health, safety, or welfare
  of a child:
               (1)  the number of confirmed serious injuries to
  children; and
               (2)  the number of child fatalities.
         (g)  The commission may collaborate with one or more state
  agencies to perform a duty under Subsections (e) and (f).
         SECTION 2.  Section 42.042, Human Resources Code, is amended
  by adding Subsection (m-1) to read as follows:
         (m-1)  Not later than January 1, 2021, the executive
  commissioner shall review the data collected under Section 42.0412
  and prepare and submit to the legislature a report that includes
  legislative and regulatory recommendations by age group to enhance
  child safety. This subsection expires September 1, 2023.
         SECTION 3.  Notwithstanding Section 42.0412(d), Human
  Resources Code, as added by this Act, the Health and Human Services
  Commission is not required to comply with that subsection until
  January 31, 2020.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 708 passed the Senate on
  May 1, 2019, by the following vote: Yeas 30, Nays 1; and that the
  Senate concurred in House amendments on May 23, 2019, by the
  following vote: Yeas 28, Nays 3.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 708 passed the House, with
  amendments, on May 17, 2019, by the following vote: Yeas 137,
  Nays 9, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
feedback