HBA-MPM C.S.H.B. 1178 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1178
By: Wohlgemuth
Human Services
3/1/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Since 1991, the Texas Department of Protective and Regulatory Services
(PRS) has been charged with regulating out-of-home child care services.  In
1996, the Sunset Advisory Commission reviewed PRS, and in 1997, the Texas
Legislature reenacted its functions with some modifications and amendments
in Senate Bill 359.  During the same session, the licensing provisions of
PRS were updated in Senate Bill 1539.  To ensure the passage of the
licensing updates, the provisions of the licensing bill were amended to the
Sunset bill.  Also that session, House Bill 155 addressed services provided
in a caretaker's home for the care of one to three children and created a
new category of child care known as Listed Family Homes.  When all three
bills passed amending the same sections of code and addressing the same
provisions, they created duplicate and conflicting language.  In order to
give effect to all three pieces of legislation passed in the 75th Session,
the duplicate provisions need to be eliminated and other sections require
clarification.  C.S.H.B. 1178 eliminates the duplicate sections and
clarifies the remaining provisions of child care licensing law to be
consistent with the three bills previously enacted. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1178 amends the Human Resources Code to eliminate duplicate
provisions and clarify conflicting provisions of child care licensing law. 

EFFECTIVE DATE

On passage, or if the Act fails to receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1178 differs from the original by not repealing the provision
that:  

_requires the Texas Department of Protective and Regulatory Services (PRS)
to provide listed family homes a copy of the listing that contains a
statement that the home is a listed family home and is not licensed or
registered with PRS, and that it has not and will not be inspected;  

_provides that the operator of a listed home is not required to display the
listing in a prominent place at the home but is required to make the
listing available for examination; and 

_requires PRS by rule to provide operators sufficient time to comply with
listing requirements.