S.B. No. 95

	AN ACT
	relating to prohibiting the use of unsafe children's products in
	certain nonresidential child-care facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 42.002, Human Resources Code, is amended
	by adding Subdivision (20) to read as follows:
	(20)  "Children's product" means a product that is
	designed or intended to be used by a child under 13 years of age or
	used by a caregiver during the care of a child under 13 years of age.
	The term does not include:
	(A)  an item that is not designed or intended to be
	used solely or primarily by a child under 13 years of age or in the
	care of a child under 13 years of age;
	(B)  a medication, a drug, food, or another item
	that is intended to be ingested; or
	(C)  clothing.
	SECTION 2.  Subchapter C, Chapter 42, Human Resources Code,
	is amended by adding Section 42.0423 to read as follows:
	Sec. 42.0423.  CHILDREN'S PRODUCT SAFETY FOR CERTAIN
	NONRESIDENTIAL CHILD-CARE FACILITIES. (a)  This section applies
	only to a licensed day-care center, licensed group day-care home,
	or registered family home.
	(b)  A children's product is presumed to be unsafe for
	purposes of this section if it has been recalled for any reason by
	the United States Consumer Product Safety Commission and the recall
	has not been rescinded.
	(c)  A children's product that has been recalled for any
	reason by the United States Consumer Product Safety Commission is
	not presumed to be unsafe if the product has been remanufactured or
	retrofitted so that the product is safe.
	(d)  The department shall include on its public Internet
	website a link to the United States Consumer Product Safety
	Commission's Internet website.
	(e)  A child-care facility subject to this section may not
	use an unsafe children's product or have an unsafe children's
	product on the premises of the child-care facility unless:
	(1)  the product is an antique or collectible
	children's product and is not used by, or accessible to, any child
	in the child-care facility; or
	(2)  the unsafe children's product is being retrofitted
	to make it safe and the product is not used by, or accessible to, any
	child in the child-care facility.
	(f)  The department shall notify a child-care facility
	subject to this section of the provisions of this section in plain,
	nontechnical language that will enable the child-care facility to
	effectively inspect the children's products at the facility and
	identify unsafe children's products.  The department shall provide
	the notice required by this subsection:
	(1)  during the department's pre-application interview
	for a license, registration, or certification; and
	(2)  during an inspection.
	(g)  At least annually, each child-care facility subject to
	this section shall certify in writing that the facility has
	reviewed each of the bulletins and notices issued by the United
	States Consumer Product Safety Commission regarding unsafe
	children's products and that there are no unsafe products in the
	facility except products described by Subsection (e). The facility
	shall retain the certification form completed by each facility in
	the facility's licensing file.
	(h)  The executive commissioner of the Health and Human
	Services Commission shall adopt rules and forms necessary to
	implement this section.
	SECTION 3.  Section 42.055, Human Resources Code, is amended
	by adding Subsection (a-1) to read as follows:
	(a-1)  A licensed day-care center, licensed group day-care
	home, or registered family home subject to Section 42.0423 shall
	include in the sign required under Subsection (a) a description of
	how to access a listing of unsafe children's products on the United
	States Consumer Product Safety Commission's Internet website or
	through the department's public Internet website.
	SECTION 4.  This Act takes effect September 1, 2009.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 95 passed the Senate on
	April 9, 2009, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 95 passed the House on
	May 5, 2009, by the following vote:  Yeas 140, Nays 5, one present
	not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor