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A BILL TO BE ENTITLED
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AN ACT
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relating to licensing and regulation of certain child-care |
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facilities; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Subsection 42.002(26): |
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(26) "Unlawfully present individual" means an |
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individual who is neither a citizen nor has a right to be present in |
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the United States under the Immigration and Nationality Act or |
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accompanying regulations or decisions, who is in the custody of the |
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federal government. This term includes a child who has no lawful |
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immigration status in the United States and: |
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(a) with respect to whom, there is no parent or legal |
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guardian in the United States, or no parent or legal guardian in the |
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United States available to provide care and physical custody, as |
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described in 6 U.S.C. §279(g)(2); or |
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(b) who is detained with a parent or other adult family |
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member who is not lawfully present in the United States. |
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SECTION 2. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Subsection 42.041(a-1) to read as follows: |
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(a-1) Notwithstanding any other law, no person may operate a |
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child-care facility that provides 24-hour care to individuals not |
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lawfully present in the United States who are in the custody of the |
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federal government without a license issued by the department. |
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SECTION 3. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Subsection 42.076(a-1) to read as follows: |
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(a-1) A person who operates a facility described by Section |
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42.041(a-1) without a license commits a State Jail felony. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of 2/3 of all the members elected to each house, as provided |
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by Section 39, Article III, Texas Constitution. If this Act does |
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not receive the vote necessary for immediate effect, this Act takes |
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effect September 1, 2023. |