The department generally may not inspect certain licensed day-care facilities for fire safety or sanitation compliance if they provide qualifying current inspection documentation showing compliance, but it may inspect if no documentation is provided or if corrective action or conditions were not met.
Sec. 42.0443. COORDINATION OF FIRE SAFETY AND SANITATION INSPECTIONS. (a) The department may not inspect a licensed day-care center, licensed group day-care home, or registered family home for compliance with the department's fire safety or sanitation standards if the facility, at the time of the department's inspection, provides the department with documentation relating to a current fire safety or sanitation inspection, as applicable, performed by a political subdivision of this state that indicates that the facility is in compliance with the applicable standards of the political subdivision. (b) If the documentation provided under Subsection (a) indicates that the facility was required to take corrective action or that the political subdivision imposed a restriction or condition on the facility, the department shall determine whether the facility took the required corrective action or complied with the restriction or condition. (c) The department may inspect a facility subject to this section for compliance with the department's fire safety or sanitation standards if: (1) the facility does not provide the documentation described by Subsection (a); or (2) the department determines that the facility did not take a corrective action or comply with a restriction or condition described by Subsection (b). (d) Notwithstanding any other provision of this section, the department shall report to the appropriate political subdivision any violation of fire safety or sanitation standards observed by the department at a facility subject to this section. (e) The executive commissioner shall adopt rules necessary to implement this section. Added by Acts 2003, 78th Leg., ch. 709, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.222, eff. April 2, 2015.