HBA-ATS, NMO H.B. 908 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 908
By: Coleman
Human Services
10/5/1999
Enrolled



BACKGROUND AND PURPOSE 

The Special Senses and Communication Disorders Act, Chapter 36, Health and
Safety Code, requires each day-care center and group day-care home
(day-care facility) to screen each child for vision and hearing disorders
no later than 120 days after admission of the child, to maintain screening
records for each child in attendance, and to provide the Texas Department
of Health (TDH) with an annual report listing the children in attendance
and dates of screening for vision and hearing.  In 1996-1997, only 2,186 of
the 6,237 day-care centers and group day-care homes operating in Texas
complied with the reporting requirement, according to TDH.  H.B. 908
requires the Texas Department of Protective and Regulatory Services (DPRS)
to adopt rules that ensure that children receiving care from a daycare
facility are screened for vision, hearing, and any other special senses or
communication disorders in compliance with the Special Senses and
Communications Disorders Act.  This bill further requires each day-care
facility to maintain screening records and authorizes DPRS to inspect those
records. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Protective and
Regulatory Services in SECTION 1 (Section 42.0431, Human Resources Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 42, Human Resources Code, by
adding Section 42.0431, as follows: 

Sec.  42.0431. ENFORCEMENT OF SCREENING REQUIREMENTS RELATING TO VISION,
HEARING, AND OTHER SPECIAL SENSES AND COMMUNICATION DISORDERS.  Requires
the Texas Department of Protective and Regulatory Services (DPRS), after
consultation with the Texas Department of Health (TDH), to adopt rules
necessary to ensure that children receiving care at a day-care center or
group day-care home (day care facility) licensed under this chapter
(Regulation of Certain Facilities, Homes,  and Agencies that Provide
Child-Care Services) are screened for vision, hearing, and any other
special senses or communication disorders in compliance with rules adopted
by the Texas Board of Health under Section 36.004 (Screening Program for
Special Senses and Communication Disorders), Health and Safety Code.
Requires each day-care facility to maintain individual screening records
for children attending the facility who are required to be screened.
Authorizes DPRS to inspect the records at any reasonable time.  Requires
DPRS to coordinate these inspections in compliance with protocol agreements
adopted by it and TDH.  Provides that this section does not apply to a
day-care facility operating under a certificate issued by DPRS under
Subchapter E (Accreditation of Child-Care Facilities and Child-Placing
Agencies) of this chapter.   

SECTION 2.  Requires DPRS to adopt the rules required by Section 42.0431,
Human Resources Code, as soon as possible after the effective date of this
Act. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.