H.B. No. 2394
1-1 AN ACT
1-2 relating to the denial, revocation, or suspension of a license to
1-3 operate a child-care facility and to licensing the facility after
1-4 revocation.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 42.072, Human Resources Code, is amended
1-7 by amending Subsections (d)-(j) and adding Subsection (h) to read
1-8 as follows:
1-9 (d) The denial or revocation of a license or certification
1-10 and the appeal from that action are governed by the procedure for a
1-11 contested case hearing under the Administrative Procedure and Texas
1-12 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
1-13 (e) <Within 14 days after the date the appeal notification
1-14 was mailed, the director shall appoint an advisory review board to
1-15 hear the appeal or notify the person requesting the appeal that the
1-16 request is denied.>
1-17 <(e) Within 14 days after notifying a person that an
1-18 advisory review board will hear the case, the director shall
1-19 appoint five of the person's peers to the board and set a date for
1-20 the hearing. The date for the hearing must be within 28 days after
1-21 the date the board members are appointed.>
1-22 <(f) The advisory review board shall hear the appeal and
1-23 render its opinion to the director within seven days after the last
1-24 day of the hearing. The board members shall receive actual travel
2-1 expenses and the state per diem for each day of the hearing.>
2-2 <(g) A committee composed of the director, the division
2-3 representative responsible for establishing standards, and the
2-4 division representative administering this chapter in the region
2-5 where the facility in question is located shall review the opinion.
2-6 The committee shall make a decision within 14 days after receiving
2-7 the opinion and shall notify, by certified mail, the person who
2-8 appealed.>
2-9 <(h)> A person whose license has been denied or revoked may
2-10 challenge the <committee's> decision by filing a suit in a district
2-11 court of Travis County or the county in which the person's facility
2-12 is located within 30 days after receiving the <committee's>
2-13 decision. The trial shall be de novo.
2-14 (f) <(i)> Records of the <department's> hearing shall be
2-15 kept for two years <one year> after a <committee> decision is
2-16 rendered. On request, and at the person's own expense, the
2-17 division shall supply a copy of the verbatim transcript of the
2-18 <advisory board> hearing to a person appealing a license denial or
2-19 revocation in district court.
2-20 (g) <(j)> A person may continue to operate a facility during
2-21 an appeal of a license denial or revocation unless the division has
2-22 obtained <sought> injunctive relief under Section 42.074 or civil
2-23 penalties under Section 42.075 or the facility has been closed
2-24 under Section 42.073 <of this code>.
2-25 (h) A person whose license or certification is revoked may
2-26 not apply for any license or certification under this chapter
2-27 before the second anniversary of the date on which the revocation
3-1 takes effect by department or court order.
3-2 SECTION 2. Section 42.073, Human Resources Code, is amended
3-3 to read as follows:
3-4 Sec. 42.073. EMERGENCY SUSPENSION AND CLOSURE OF <CLOSING> A
3-5 FACILITY. (a) The division shall suspend a facility's license,
3-6 order the immediate closing of the facility, and place the children
3-7 attending or residing in the facility elsewhere if:
3-8 (1) the division finds the facility is operating in
3-9 violation of the standards prescribed by this chapter; and
3-10 (2) the violation creates an immediate threat to the
3-11 health and safety of the children attending or residing in the
3-12 facility.
3-13 (b) An order suspending a license and closing a facility
3-14 under this section is immediately effective on the date on which
3-15 the license holder receives written notice or on a later date
3-16 specified in the order.
3-17 (c) An order is valid for 10 days after the effective date
3-18 of the order.
3-19 (d) The suspension of a license and the closure of the
3-20 facility and the appeal from that action are governed by the
3-21 procedures for a contested case hearing under the Administrative
3-22 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
3-23 Civil Statutes) <The division may close the facility and place the
3-24 children attending the facility in another facility if the division
3-25 finds violations of this chapter or violations of the department's
3-26 rules and standards that create an immediate danger for children.>
3-27 <(b) A division representative who finds conditions
4-1 described in Subsection (a) of this section shall immediately
4-2 notify the director and request an immediate inspection of the
4-3 facility by the director or the director's designee.>
4-4 <(c) The division shall report to the governor and the
4-5 commissioner of the department when a state-operated facility is
4-6 found in violation of this chapter or the department's rules and
4-7 standards and the violation threatens serious harm to the children
4-8 in the facility.>
4-9 <(d) Closing a facility under this section is an emergency
4-10 measure. The division shall seek an injunction against continued
4-11 operation of the facility after closing a facility under this
4-12 section>.
4-13 SECTION 3. (a) This Act takes effect September 1, 1993.
4-14 (b) Section 42.072(h), Human Resources Code, as added by
4-15 this Act, applies only to a license or certification revocation
4-16 that takes effect on or after the effective date of this Act. A
4-17 license or certification revocation that takes effect before the
4-18 effective date of this Act is governed by the law in effect when
4-19 the revocation took effect, and that law is continued in effect for
4-20 that purpose.
4-21 SECTION 4. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.