85R12667 MM-F
 
  By: West S.B. No. 1798
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the collection and reporting of child safety data in
  certain child-care facilities and establishing child safety
  standards in those facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.042, Human Resources Code, is amended
  by adding Subsection (m-1) to read as follows:
         (m-1)  The commissioner shall:
               (1)  use the data collected under Section 42.04211 to
  determine:
                     (A)  the variables that negatively impact child
  safety; and
                     (B)  the standards necessary to reduce the risk
  factors to children receiving care in nonresidential child-care
  facilities that provide care for less than 24 hours a day;
               (2)  establish standards, including staff-to-child
  ratios, to maximize child safety in nonresidential child-care
  facilities that provide care for less than 24 hours a day; and
               (3)  gradually implement the standards adopted under
  Subdivision (2).
         SECTION 2.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.04211 to read as follows:
         Sec. 42.04211.  COLLECTION OF DATA REGARDING CHILD INJURIES.
  (a) Using existing resources, for each licensed nonresidential
  child-care facility that provides care for less than 24 hours a day,
  the department shall:
               (1)  collect, compile, and report data, categorized by
  the age of each child, regarding serious and critical injuries,
  serious incidents, and child fatalities that occur in each
  facility; and
               (2)  routinely collect the following data to determine
  risk factors related to child injury, maltreatment, and child
  fatalities in each facility:
                     (A)  the status of the facility's license;
                     (B)  the education and certification obtained by
  caregivers and directors of the facility;
                     (C)  staff-to-child ratios and group sizes in each
  classroom; and
                     (D)  the facility's program capacity.
         (b)  The department shall publish the data collected under
  Subsection (a) on the department's Internet website for use by
  consumers and the public.
         SECTION 3.  (a) The executive commissioner of the Health and
  Human Services Commission shall adopt the rules required by Section
  42.042(m-1), Human Resources Code, as added by this Act, not later
  than September 1, 2018.
         (b)  The Health and Human Services Commission is not required
  to publish the staff-to-child ratio and group size data as required
  by Section 42.04211(b), Human Resources Code, as added by this Act,
  until December 1, 2018.
         SECTION 4.  This Act takes effect September 1, 2017.