73R9592 CBH-F
By Brady H.B. No. 2777
Substitute the following for H.B. No. 2777:
By Schechter C.S.H.B. No. 2777
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the denial, revocation, or suspension of a license to
1-3 operate a child-care facility.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 42.072(d)-(j), Human Resources Code, are
1-6 amended to read as follows:
1-7 (d) The denial or revocation of a license or certification
1-8 and the appeal from that action are governed by the procedure for a
1-9 contested case hearing under the Administrative Procedure and Texas
1-10 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
1-11 (e) <Within 14 days after the date the appeal notification
1-12 was mailed, the director shall appoint an advisory review board to
1-13 hear the appeal or notify the person requesting the appeal that the
1-14 request is denied.>
1-15 <(e) Within 14 days after notifying a person that an
1-16 advisory review board will hear the case, the director shall
1-17 appoint five of the person's peers to the board and set a date for
1-18 the hearing. The date for the hearing must be within 28 days after
1-19 the date the board members are appointed.>
1-20 <(f) The advisory review board shall hear the appeal and
1-21 render its opinion to the director within seven days after the last
1-22 day of the hearing. The board members shall receive actual travel
1-23 expenses and the state per diem for each day of the hearing.>
1-24 <(g) A committee composed of the director, the division
2-1 representative responsible for establishing standards, and the
2-2 division representative administering this chapter in the region
2-3 where the facility in question is located shall review the opinion.
2-4 The committee shall make a decision within 14 days after receiving
2-5 the opinion and shall notify, by certified mail, the person who
2-6 appealed.>
2-7 <(h)> A person whose license has been denied or revoked may
2-8 challenge the <committee's> decision by filing a suit in a district
2-9 court of Travis County or the county in which the person's facility
2-10 is located within 30 days after receiving the <committee's>
2-11 decision. The trial shall be de novo.
2-12 (f) <(i)> Records of the <department's> hearing shall be
2-13 kept for two years <one year> after a <committee> decision is
2-14 rendered. On request, and at the person's own expense, the
2-15 division shall supply a copy of the verbatim transcript of the
2-16 <advisory board> hearing to a person appealing a license denial or
2-17 revocation in district court.
2-18 (g) <(j)> A person may continue to operate a facility during
2-19 an appeal of a license denial or revocation unless the division has
2-20 obtained <sought> injunctive relief under Section 42.074 or civil
2-21 penalties under Section 42.075 or the facility has been closed
2-22 under Section 42.073 <of this code>.
2-23 SECTION 2. Section 42.073, Human Resources Code, is amended
2-24 to read as follows:
2-25 Sec. 42.073. EMERGENCY SUSPENSION AND CLOSURE OF <CLOSING> A
2-26 FACILITY. (a) The division shall suspend a facility's license,
2-27 order the immediate closing of the facility, and place the children
3-1 attending or residing in the facility elsewhere if:
3-2 (1) the division finds the facility is operating in
3-3 violation of the standards prescribed by this chapter; and
3-4 (2) the violation creates an immediate threat to the
3-5 health and safety of the children attending or residing in the
3-6 facility.
3-7 (b) An order suspending a license and closing a facility
3-8 under this section is immediately effective on the date on which
3-9 the license holder receives written notice or on a later date
3-10 specified in the order.
3-11 (c) An order is valid for 10 days after the effective date
3-12 of the order.
3-13 (d) The suspension of a license and the closure of the
3-14 facility and the appeal from that action are governed by the
3-15 procedures for a contested case hearing under the Administrative
3-16 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
3-17 Civil Statutes) <The division may close the facility and place the
3-18 children attending the facility in another facility if the division
3-19 finds violations of this chapter or violations of the department's
3-20 rules and standards that create an immediate danger for children.>
3-21 <(b) A division representative who finds conditions
3-22 described in Subsection (a) of this section shall immediately
3-23 notify the director and request an immediate inspection of the
3-24 facility by the director or the director's designee.>
3-25 <(c) The division shall report to the governor and the
3-26 commissioner of the department when a state-operated facility is
3-27 found in violation of this chapter or the department's rules and
4-1 standards and the violation threatens serious harm to the children
4-2 in the facility.>
4-3 <(d) Closing a facility under this section is an emergency
4-4 measure. The division shall seek an injunction against continued
4-5 operation of the facility after closing a facility under this
4-6 section>.
4-7 SECTION 3. This Act takes effect September 1, 1993.
4-8 SECTION 4. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended.