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.