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


Office of House Bill AnalysisH.B. 908
By: Coleman
Human Services
2/19/1999
Introduced



BACKGROUND AND PURPOSE 

The Special Senses and Communication Disorders Act, Chapter 36, Health and
Safety Code, requires day-care centers and group day-care homes 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 with an annual
report listing the children in attendance and dates of screening for vision
and hearing.  However, according to the Department of Health, 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.  H.B. 908 requires the
Texas Department of Protective and Regulatory Services to develop rules
that require day-care centers and group day-care homes to comply, as a
condition of continued licensure, with the Special Senses and Communication
Disorders Act, specifically requiring that the results of the screenings be
reported to the Texas Department of Health. 

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.  RULES FOR VISION AND HEARING SCREENING. Requires the Texas
Department of Protective and Regulatory Services (department), by rule, to
require each daycare center and group day-care home licensed under this
chapter (Regulation of Certain Facilities, Homes,  and Agencies that
Provide Child-Care Services), as a condition of continued licensure, to
screen children for vision and hearing disorders.  Provides that the rules
must specify the appropriate age or ages to screen a child; specify the
frequency of the screening; avoid duplication of screening conducted by
schools, preschools, and other entities; and require the results of the
screening be reported to the Texas Department of Health.  Provides that
this section  does not apply to a day-care center or group day-care home
operating under a certificate issued by the department under Subchapter E
(Accreditation of Child-Care Facilities and Child-Placing Agencies).   

SECTION 2.  Requires the department to adopt the rules required by Section
42.0431, Human Resources Code, as soon as possible after the effective date
of this Act.  Authorizes the rules to provide different dates by which
different classes of day-care providers are required to begin screening for
vision and hearing disorders. 

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