73R3553 CBH-D
By Brady H.B. No. 2394
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to licensing a child care facility after the facility's
1-3 license is suspended or revoked.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 42.072, Human Resources Code, is amended
1-6 by amending Subsections (i) and (j) and adding Subsection (k) to
1-7 read as follows:
1-8 (i) Records of the department's hearing shall be kept for
1-9 two years <one year> after a committee decision is rendered. On
1-10 request, and at the person's own expense, the division shall supply
1-11 a copy of the verbatim transcript of the advisory board hearing to
1-12 a person appealing a license denial or revocation in district
1-13 court.
1-14 (j) A person may continue to operate a facility during an
1-15 appeal of a license denial or revocation unless the division has
1-16 closed the facility under Section 42.073 or has sought injunctive
1-17 relief under Section 42.074 or civil penalties under Section 42.075
1-18 <of this code>.
1-19 (k) A person whose license or certification is revoked may
1-20 not apply for any license or certification under this chapter
1-21 before the second anniversary of the date on which the revocation
1-22 takes effect by department or court order.
1-23 SECTION 2. This Act takes effect September 1, 1993, and
1-24 applies to a license or certification revocation that takes effect
2-1 on or after that date. A license or certification revocation that
2-2 takes effect before the effective date of this Act is governed by
2-3 the law in effect when the revocation took effect, and that law is
2-4 continued in effect for that purpose.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.