By:  Wilson                                           H.B. No. 1697
       73R5658 CBH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the establishment of residential living facilities for
    1-3  certain youth.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subtitle B, Title 3, Human Resources Code, is
    1-6  amended by adding Chapter 72 to read as follows:
    1-7              CHAPTER 72.  RESIDENTIAL LIVING FACILITIES
    1-8                   SUBCHAPTER A.  GENERAL PROVISIONS
    1-9        Sec. 72.001.  DEFINITIONS.  In this chapter:
   1-10              (1)  "Department" means the Department of Protective
   1-11  and Regulatory Services.
   1-12              (2)  "Facility" means a residential living facility
   1-13  established under this chapter.
   1-14            (Sections 72.002-72.010 reserved for expansion
   1-15                   SUBCHAPTER B.  POWERS AND DUTIES
   1-16        Sec. 72.011.  ESTABLISHMENT OF RESIDENTIAL LIVING FACILITIES.
   1-17  (a)  The department shall establish or provide for the
   1-18  establishment of residential living facilities for children who
   1-19  qualify for services under Section 72.012.
   1-20        (b)  The department may contract with another state agency or
   1-21  a political subdivision of the state if necessary to establish or
   1-22  provide for the establishment of a facility.
   1-23        Sec. 72.012.  ELIGIBILITY.  (a)  Except as provided by
   1-24  Subsection (b), to be eligible for admission to a facility, a child
    2-1  must be at least 12 weeks of age and:
    2-2              (1)  must be separated from the child's parents because
    2-3  of:
    2-4                    (A)  a parent's incarceration; or
    2-5                    (B)  abuse or neglect by a parent; and
    2-6              (2)  must be eligible for placement in a foster home.
    2-7        (b)  The director of the department may authorize the
    2-8  admission of other children under standards established by the
    2-9  director.
   2-10        (c)  In deciding whether to admit a child, the department
   2-11  shall emphasize:
   2-12              (1)  the need of the child for long-term services;
   2-13              (2)  the importance of keeping siblings together; and
   2-14              (3)  the desires of the child, if the child is of
   2-15  sufficient age.
   2-16        Sec. 72.013.  FEES.  The department may charge a person or
   2-17  estate liable for the support of the child a fee that is scaled to
   2-18  ability to pay.
   2-19        Sec. 72.014.  STANDARDS AND INSPECTION.  (a)  The department
   2-20  shall prescribe standards of operation and performance for a
   2-21  facility established under this chapter.
   2-22        (b)  At least annually, the department shall inspect a
   2-23  facility established under this chapter.
   2-24        SECTION 2.  This Act takes effect September 1, 1993.
   2-25        SECTION 3.  The importance of this legislation and the
   2-26  crowded condition of the calendars in both houses create an
   2-27  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended.