1-1 By: Brady (Senate Sponsor - Shelley) H.B. No. 2394
1-2 (In the Senate - Received from the House May 10, 1993;
1-3 May 12, 1993, read first time and referred to Committee on Health
1-4 and Human Services; May 19, 1993, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 8, Nays
1-6 0; May 19, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR H.B. No. 2394 By: Shelley
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the denial, revocation, or suspension of a license to
1-22 operate a child-care facility and to licensing the facility after
1-23 revocation.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 42.072, Human Resources Code, is amended
1-26 by amending Subsections (d)-(j) and adding Subsection (h) to read
1-27 as follows:
1-28 (d) The denial or revocation of a license or certification
1-29 and the appeal from that action are governed by the procedure for a
1-30 contested case hearing under the Administrative Procedure and Texas
1-31 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
1-32 (e) <Within 14 days after the date the appeal notification
1-33 was mailed, the director shall appoint an advisory review board to
1-34 hear the appeal or notify the person requesting the appeal that the
1-35 request is denied.>
1-36 <(e) Within 14 days after notifying a person that an
1-37 advisory review board will hear the case, the director shall
1-38 appoint five of the person's peers to the board and set a date for
1-39 the hearing. The date for the hearing must be within 28 days after
1-40 the date the board members are appointed.>
1-41 <(f) The advisory review board shall hear the appeal and
1-42 render its opinion to the director within seven days after the last
1-43 day of the hearing. The board members shall receive actual travel
1-44 expenses and the state per diem for each day of the hearing.>
1-45 <(g) A committee composed of the director, the division
1-46 representative responsible for establishing standards, and the
1-47 division representative administering this chapter in the region
1-48 where the facility in question is located shall review the opinion.
1-49 The committee shall make a decision within 14 days after receiving
1-50 the opinion and shall notify, by certified mail, the person who
1-51 appealed.>
1-52 <(h)> A person whose license has been denied or revoked may
1-53 challenge the <committee's> decision by filing a suit in a district
1-54 court of Travis County or the county in which the person's facility
1-55 is located within 30 days after receiving the <committee's>
1-56 decision. The trial shall be de novo.
1-57 (f) <(i)> Records of the <department's> hearing shall be
1-58 kept for two years <one year> after a <committee> decision is
1-59 rendered. On request, and at the person's own expense, the
1-60 division shall supply a copy of the verbatim transcript of the
1-61 <advisory board> hearing to a person appealing a license denial or
1-62 revocation in district court.
1-63 (g) <(j)> A person may continue to operate a facility during
1-64 an appeal of a license denial or revocation unless the division has
1-65 obtained <sought> injunctive relief under Section 42.074 or civil
1-66 penalties under Section 42.075 or the facility has been closed
1-67 under Section 42.073 <of this code>.
1-68 (h) A person whose license or certification is revoked may
2-1 not apply for any license or certification under this chapter
2-2 before the second anniversary of the date on which the revocation
2-3 takes effect by department or court order.
2-4 SECTION 2. Section 42.073, Human Resources Code, is amended
2-5 to read as follows:
2-6 Sec. 42.073. EMERGENCY SUSPENSION AND CLOSURE OF <CLOSING> A
2-7 FACILITY. (a) The division shall suspend a facility's license,
2-8 order the immediate closing of the facility, and place the children
2-9 attending or residing in the facility elsewhere if:
2-10 (1) the division finds the facility is operating in
2-11 violation of the standards prescribed by this chapter; and
2-12 (2) the violation creates an immediate threat to the
2-13 health and safety of the children attending or residing in the
2-14 facility.
2-15 (b) An order suspending a license and closing a facility
2-16 under this section is immediately effective on the date on which
2-17 the license holder receives written notice or on a later date
2-18 specified in the order.
2-19 (c) An order is valid for 10 days after the effective date
2-20 of the order.
2-21 (d) The suspension of a license and the closure of the
2-22 facility and the appeal from that action are governed by the
2-23 procedures for a contested case hearing under the Administrative
2-24 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
2-25 Civil Statutes) <The division may close the facility and place the
2-26 children attending the facility in another facility if the division
2-27 finds violations of this chapter or violations of the department's
2-28 rules and standards that create an immediate danger for children.>
2-29 <(b) A division representative who finds conditions
2-30 described in Subsection (a) of this section shall immediately
2-31 notify the director and request an immediate inspection of the
2-32 facility by the director or the director's designee.>
2-33 <(c) The division shall report to the governor and the
2-34 commissioner of the department when a state-operated facility is
2-35 found in violation of this chapter or the department's rules and
2-36 standards and the violation threatens serious harm to the children
2-37 in the facility.>
2-38 <(d) Closing a facility under this section is an emergency
2-39 measure. The division shall seek an injunction against continued
2-40 operation of the facility after closing a facility under this
2-41 section>.
2-42 SECTION 3. (a) This Act takes effect September 1, 1993.
2-43 (b) Section 42.072(h), Human Resources Code, as added by
2-44 this Act, applies only to a license or certification revocation
2-45 that takes effect on or after the effective date of this Act. A
2-46 license or certification revocation that takes effect before the
2-47 effective date of this Act is governed by the law in effect when
2-48 the revocation took effect, and that law is continued in effect for
2-49 that purpose.
2-50 SECTION 4. The importance of this legislation and the
2-51 crowded condition of the calendars in both houses create an
2-52 emergency and an imperative public necessity that the
2-53 constitutional rule requiring bills to be read on three several
2-54 days in each house be suspended, and this rule is hereby suspended.
2-55 * * * * *
2-56 Austin,
2-57 Texas
2-58 May 19, 1993
2-59 Hon. Bob Bullock
2-60 President of the Senate
2-61 Sir:
2-62 We, your Committee on Health and Human Services to which was
2-63 referred H.B. No. 2394, have had the same under consideration, and
2-64 I am instructed to report it back to the Senate with the
2-65 recommendation that it do not pass, but that the Committee
2-66 Substitute adopted in lieu thereof do pass and be printed.
2-67 Truan,
2-68 Acting Chair
2-69 * * * * *
2-70 WITNESSES
3-1 No witnesses appeared on H.B. No. 2394.