73R8415 MJW-F
          By Linebarger                                         H.B. No. 1268
          Substitute the following for H.B. No. 1268:
          By Van de Putte                                   C.S.H.B. No. 1268
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to registration requirements for family homes and to deed
    1-3  and zoning restrictions of family homes; providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  (a)  The legislature recognizes that the demand
    1-6  for child care is increasing and that family homes are the primary
    1-7  child care choice for the parents of Texas.  Family home care is
    1-8  especially critical in serving parents with infants and parents of
    1-9  chronically ill or disabled children.  As the demand for child care
   1-10  options increases, it is important to increase the availability of
   1-11  and encourage quality in the services provided by family homes.
   1-12        (b)  Family homes are required by law to operate in a
   1-13  residential setting and are compatible with other residential
   1-14  activities.  Nevertheless, local deed restrictions and zoning
   1-15  ordinances often operate to prohibit family homes.  As a result,
   1-16  some providers do not register with the Department of Protective
   1-17  and Regulatory Services, resulting in unregulated, potentially
   1-18  inappropriate, or even dangerous child care.
   1-19        (c)  It is the intent of the legislature that a coordinated,
   1-20  comprehensive system of child care services be made available to
   1-21  the parents of Texas; that family homes remain a viable choice for
   1-22  parents; that unregulated family homes become registered so that
   1-23  the quality of their services will be improved; and that the legal
   1-24  status of family homes in residential areas be clarified so that
    2-1  the availability of family home care will increase.
    2-2        SECTION 2.  Section 42.002(9), Human Resources Code, is
    2-3  amended to read as follows:
    2-4              (9)  "Family home" means a home that regularly provides
    2-5  care in the caretaker's own residence for not more than six
    2-6  children under 14 years of age, excluding the caretaker's own
    2-7  children, and that provides care after school hours for not more
    2-8  than six additional elementary school children, but the total
    2-9  number of children, including the caretaker's own, does not exceed
   2-10  12 at any given time.  The term does not include a home that
   2-11  provides care exclusively for any number of children who are the
   2-12  children, grandchildren, nieces, or nephews of the caretaker,
   2-13  whether by affinity or consanguinity or as the result of a
   2-14  relationship created by a court decree.
   2-15        SECTION 3.  Section 42.052(f), Human Resources Code, is
   2-16  amended to read as follows:
   2-17        (f)  A family home may not place a public advertisement that
   2-18  uses the title "registered family home" or any variation of the
   2-19  phrase unless the home is registered <with the division> under this
   2-20  chapter.  Any public advertisement for a registered family home
   2-21  which uses the title "registered family home" must contain a
   2-22  provision in bold type stating:  "THIS HOME IS REGISTERED WITH THE
   2-23  <TEXAS> DEPARTMENT OF PROTECTIVE AND REGULATORY <HUMAN> SERVICES
   2-24  BUT IS NOT LICENSED <OR INSPECTED>."
   2-25        SECTION 4.  Section 42.075(a), Human Resources Code, is
   2-26  amended to read as follows:
   2-27        (a)  A person is subject to a civil penalty of not less than
    3-1  $50 nor more than $100 for each day of violation and for each act
    3-2  of violation if the person:
    3-3              (1)  threatens serious harm to a child in a facility by
    3-4  violating a provision of this chapter or a department rule or
    3-5  standard;
    3-6              (2)  violates a provision of this chapter or a
    3-7  department rule or standard three or more times within a 12-month
    3-8  period; <or>
    3-9              (3)  places a public advertisement for an unlicensed
   3-10  facility; or
   3-11              (4)  operates a family home that is not registered as
   3-12  required by Section 42.052(c) of this code.
   3-13        SECTION 5.  Section 42.076(c), Human Resources Code, is
   3-14  amended to read as follows:
   3-15        (c)  A person who operates a family home that is not
   3-16  registered as required by Section 42.052(c) of this code or who
   3-17  places an advertisement for a registered family home in violation
   3-18  of Section 42.052(f) of this code commits a Class C misdemeanor.
   3-19        SECTION 6.  Title 11, Property Code, is amended by adding
   3-20  Chapter 204 to read as follows:
   3-21  CHAPTER 204.  OPERATION OF FAMILY HOMES IN RESIDENTIAL SUBDIVISIONS
   3-22        Sec. 204.001.  APPLICABILITY OF CHAPTER.  (a)  This chapter
   3-23  applies to each residential real estate subdivision in the state.
   3-24        (b)  This chapter does not prohibit a restriction on the
   3-25  operation of family homes in a condominium or other multifamily
   3-26  structure in which dwelling units are individually owned.
   3-27        Sec. 204.002.  DEFINITIONS.  In this chapter:
    4-1              (1)  "Family home" means a residential home that meets
    4-2  the definition of and requirements applicable to a family home
    4-3  under Chapter 42, Human Resources Code.
    4-4              (2)  "Owner" has the meaning assigned by Section
    4-5  201.003.
    4-6              (3)  "Residential real estate subdivision" or
    4-7  "subdivision" has the meaning assigned by Section 201.003.
    4-8              (4)  "Restrictive covenant" has the meaning assigned by
    4-9  Section 202.001.
   4-10        Sec. 204.003.  EXISTING FAMILY HOME EXEMPT FROM PROHIBITION
   4-11  ON FAMILY HOMES.  (a)  Owners in a subdivision may not prohibit the
   4-12  use of property in the subdivision as a family home through a
   4-13  restrictive covenant or by any other means if the family home is
   4-14  operating on September 1, 1993.  The portion of a restrictive
   4-15  covenant that prohibits such use is unenforceable with regard to a
   4-16  family home operating on that date.
   4-17        (b)  This section applies to a family home operating on
   4-18  September 1, 1993, without regard to whether the family home is
   4-19  registered under Chapter 42, Human Resources Code.
   4-20        (c)  This section does not apply to a residential real estate
   4-21  subdivision that prohibits use of property in the subdivision as a
   4-22  family home under a restrictive covenant that limits use of the
   4-23  property to residential use or that prohibits a business or trade
   4-24  use of the property if the restrictive covenant has been and is
   4-25  being strictly enforced to the extent that no business or trade use
   4-26  of the property, incidental or otherwise, has been or is being
   4-27  allowed.
    5-1        Sec. 204.004.  NEW FAMILY HOMES.  A family home that begins
    5-2  operating after September 1, 1993, must comply with the existing
    5-3  procedures for amendment of a restrictive covenant that applies to
    5-4  the subdivision in which the family home is located to the extent
    5-5  that an amendment is required to allow operation of the family
    5-6  home.
    5-7        Sec. 204.005.  REQUIREMENTS FOR FAMILY HOME PERMITTED.  (a)
    5-8  Owners of property in a subdivision may by rules adopted by a
    5-9  majority of the owners at a properly called meeting at which a
   5-10  quorum of the owners is present prescribe requirements relating to
   5-11  the operation of a family home if the requirements do not have the
   5-12  effect of indirectly prohibiting the operation of a family home
   5-13  that is permitted to operate under this chapter or other law or of
   5-14  unduly restricting the operation of such a family home.
   5-15        (b)  Requirements under this section may include:
   5-16              (1)  spacing and density requirements;
   5-17              (2)  requirements relating to use of common areas
   5-18  within the subdivision; and
   5-19              (3)  restrictions on the total number of children cared
   5-20  for in a registered family home as long as a minimum of six
   5-21  children per family home is allowed.
   5-22        SECTION 7.  Subchapter A, Chapter 211, Local Government Code,
   5-23  is amended by adding Section 211.0031 to read as follows:
   5-24        Sec. 211.0031.  ZONING OF FAMILY HOMES.  (a)  Use of property
   5-25  as a family home registered under Chapter 42, Human Resources Code,
   5-26  constitutes a residential use of the property for zoning purposes,
   5-27  and  the governing body of a municipality shall consider that use
    6-1  as a permitted use in all zones in which residential uses are
    6-2  permitted, including zones for single-family dwellings.
    6-3        (b)  This section does not prohibit a municipality from
    6-4  placing a restriction on registered family homes under its zoning
    6-5  authority if the restriction:
    6-6              (1)  applies equally to other residences subject to the
    6-7  zoning authority; and
    6-8              (2)  does not have the effect of totally prohibiting
    6-9  the operation of registered family homes in the regulated area.
   6-10        (c)  A municipality may use its zoning authority to:
   6-11              (1)  regulate the spacing or density of registered
   6-12  family homes within a defined residential area;
   6-13              (2)  restrict the total number of children cared for in
   6-14  a registered family home so long as the municipality allows a
   6-15  minimum of six children per family home and follows the guidelines
   6-16  established by the Department of Protective and Regulatory Services
   6-17  regarding the number of children cared for in a family home, except
   6-18  that a municipality may deviate from those guidelines in any part
   6-19  of the municipality if the governing body determines that adherence
   6-20  to the guidelines would create safety hazards due to the density of
   6-21  homes, vehicular traffic, or other safety factors; and
   6-22              (3)  require notification before a registered provider
   6-23  offers family home care.
   6-24        (d)  This section does not preempt or effect a prohibition
   6-25  against a family home that is included in a restrictive covenant
   6-26  that complies with Chapter 204, Property Code.
   6-27        (e)  In this section, "family home" means a residential home
    7-1  that meets the definition of and requirements applicable to a
    7-2  family home under Chapter 42, Human Resources Code.
    7-3        SECTION 8.  (a)  This Act takes effect September 1, 1993.
    7-4        (b)  The change in law made by Section 6 of this Act applies
    7-5  to a restrictive covenant without regard to whether the restrictive
    7-6  covenant is adopted before, on, or after the effective date of this
    7-7  Act.  The portion of a restrictive covenant that prohibits the
    7-8  operation of a family home that is operating on September 1, 1993,
    7-9  is unenforceable on and after the effective date of this Act.
   7-10        SECTION 9.  The importance of this legislation and the
   7-11  crowded condition of the calendars in both houses create an
   7-12  emergency and an imperative public necessity that the
   7-13  constitutional rule requiring bills to be read on three several
   7-14  days in each house be suspended, and this rule is hereby suspended.