By: Barrientos S.B. No. 1156
73R3600 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to registration requirements for family homes and to deed
1-3 and zoning restrictions of family homes; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. (a) The legislature recognizes that the demand
1-6 for child care is increasing and that family homes are the primary
1-7 child care choice for the parents of Texas. Family home care is
1-8 especially critical in serving parents with infants and parents of
1-9 chronically ill or disabled children. As the demand for child care
1-10 options increases, it is important to increase the availability of
1-11 and encourage quality in the services provided by family homes.
1-12 (b) Family homes are required by law to operate in a
1-13 residential setting and are compatible with other residential
1-14 activities. Nevertheless, local deed restrictions and zoning
1-15 ordinances often operate to prohibit family homes. As a result,
1-16 some providers do not register with the Texas Department of Human
1-17 Services, resulting in unregulated, potentially inappropriate, or
1-18 even dangerous child care.
1-19 (c) It is the intent of the legislature that a coordinated,
1-20 comprehensive system of child care services be made available to
1-21 the parents of Texas; that family homes remain a viable choice for
1-22 parents; that unregulated family homes become registered so that
1-23 the quality of their services will be improved; and that the legal
1-24 status of family homes in residential areas be clarified so that
2-1 the availability of family home care will increase.
2-2 SECTION 2. Section 42.002(9), Human Resources Code, is
2-3 amended to read as follows:
2-4 (9) "Family home" means a home that regularly provides
2-5 care in the caretaker's own residence for not more than six
2-6 children under 14 years of age, excluding the caretaker's own
2-7 children, and that provides care after school hours for not more
2-8 than six additional elementary school children, but the total
2-9 number of children, including the caretaker's own, does not exceed
2-10 12 at any given time. The term does not include a home that
2-11 provides care exclusively for any number of children who are the
2-12 children, grandchildren, nieces, or nephews of the caretaker,
2-13 whether by affinity or consanguinity or as the result of a
2-14 relationship created by a court decree.
2-15 SECTION 3. Sections 42.052(c) and (f), Human Resources Code,
2-16 are amended to read as follows:
2-17 (c) A family home that provides care for three or fewer
2-18 children, excluding the caretaker's own children, may register with
2-19 the division. A family home that provides care for four or more
2-20 children, excluding the caretaker's own children, or that receives
2-21 federal, state, or local funds administered through the department
2-22 for the purchase of child care services, must register with the
2-23 division. A registration remains valid until revoked or
2-24 surrendered. The operator of a registered home must display the
2-25 registration in a prominent place at the home.
2-26 (f) A family home may not place a public advertisement that
2-27 uses the title "registered family home" or any variation of the
3-1 phrase unless the home is registered with the division under this
3-2 chapter. Any public advertisement for a registered family home
3-3 which uses the title "registered family home" must contain a
3-4 provision in bold type stating: "THIS HOME IS REGISTERED WITH THE
3-5 TEXAS DEPARTMENT OF HUMAN SERVICES BUT IS NOT LICENSED <OR
3-6 INSPECTED>."
3-7 SECTION 4. Section 42.075(a), Human Resources Code, is
3-8 amended to read as follows:
3-9 (a) A person is subject to a civil penalty of not less than
3-10 $50 nor more than $100 for each day of violation and for each act
3-11 of violation if the person:
3-12 (1) threatens serious harm to a child in a facility by
3-13 violating a provision of this chapter or a department rule or
3-14 standard;
3-15 (2) violates a provision of this chapter or a
3-16 department rule or standard three or more times within a 12-month
3-17 period; <or>
3-18 (3) places a public advertisement for an unlicensed
3-19 facility; or
3-20 (4) operates a family home that is not registered with
3-21 the division as required by Section 42.052(c) of this code.
3-22 SECTION 5. Section 42.076(c), Human Resources Code, is
3-23 amended to read as follows:
3-24 (c) A person who operates a family home that is not
3-25 registered with the division as required by Section 42.052(c) of
3-26 this code or who places an advertisement for a registered family
3-27 home in violation of Section 42.052(f) of this code commits a Class
4-1 C misdemeanor.
4-2 SECTION 6. Title 11, Property Code, is amended by adding
4-3 Chapter 204 to read as follows:
4-4 CHAPTER 204. FAMILY HOME ACCEPTABLE AS RESIDENTIAL USE
4-5 Sec. 204.001. APPLICABILITY OF CHAPTER. (a) This chapter
4-6 applies to each residential real estate subdivision in the state.
4-7 (b) This chapter does not prohibit a restriction on the
4-8 operation of family homes in a condominium or other multifamily
4-9 structure in which dwelling units are individually owned.
4-10 Sec. 204.002. DEFINITIONS. In this chapter:
4-11 (1) "Family home" means a residential home that meets
4-12 the definition of and requirements applicable to a family home
4-13 under Chapter 42, Human Resources Code.
4-14 (2) "Owner" has the meaning assigned by Section
4-15 201.003.
4-16 (3) "Residential real estate subdivision" or
4-17 "subdivision" has the meaning assigned by Section 201.003.
4-18 (4) "Restrictive covenant" has the meaning assigned by
4-19 Section 202.001.
4-20 Sec. 204.003. BAN ON FAMILY HOME IN SUBDIVISION PROHIBITED.
4-21 Owners in a subdivision may not prohibit the use of property in the
4-22 subdivision as a family home through a restrictive covenant. A
4-23 restrictive covenant that prohibits such use is void.
4-24 Sec. 204.004. REQUIREMENTS FOR FAMILY HOME PERMITTED. (a)
4-25 Owners of property in a subdivision may by restrictive covenant
4-26 prescribe requirements relating to the operation of a family home
4-27 if the requirements do not have the effect of indirectly
5-1 prohibiting the use of property as a family home or of unduly
5-2 restricting the operation of a family home.
5-3 (b) Requirements under this section may include:
5-4 (1) spacing and density requirements;
5-5 (2) requirements relating to use of common areas
5-6 within the subdivision; and
5-7 (3) restrictions on the total number of children cared
5-8 for in a registered family home as long as a minimum of six
5-9 children per family home is allowed.
5-10 SECTION 7. Subchapter A, Chapter 211, Local Government Code,
5-11 is amended by adding Section 211.0031 to read as follows:
5-12 Sec. 211.0031. ZONING OF FAMILY HOMES. (a) Use of property
5-13 as a family home registered under Chapter 42, Human Resources Code,
5-14 constitutes a residential use of the property for zoning purposes,
5-15 and the governing body of a municipality shall consider that use
5-16 as a permitted use in all zones in which residential uses are
5-17 permitted, including zones for single family dwellings.
5-18 (b) This section does not prohibit a municipality from
5-19 placing a restriction on registered family homes under its zoning
5-20 authority if the restriction:
5-21 (1) applies equally to other residences subject to the
5-22 zoning authority; and
5-23 (2) does not have the effect of totally prohibiting
5-24 the operation of registered family homes in the regulated area.
5-25 (c) A municipality may use its zoning authority to:
5-26 (1) regulate the spacing or density of registered
5-27 family homes within a defined residential area;
6-1 (2) restrict the total number of children cared for in
6-2 a registered family home so long as the municipality allows a
6-3 minimum of six children per family home and follows the guidelines
6-4 established by the Texas Department of Human Services regarding the
6-5 number of children cared for in a family home; and
6-6 (3) require notification before a registered provider
6-7 offers family home care.
6-8 (d) This section does not preempt or effect a prohibition
6-9 against a family home that is included in a restrictive covenant
6-10 that complies with Chapter 204, Property Code.
6-11 (e) In this section, "family home" means a residential home
6-12 that meets the definition of and requirements applicable to a
6-13 family home under Chapter 42, Human Resources Code.
6-14 SECTION 8. (a) This Act takes effect September 1, 1993.
6-15 (b) The change in law made by Section 6 of this Act applies
6-16 to a restrictive covenant without regard to whether the restrictive
6-17 covenant is adopted before, on, or after the effective date of this
6-18 Act. A restrictive covenant that prohibits use of property in a
6-19 residential real estate subdivision as a family home is void on the
6-20 effective date of this Act.
6-21 SECTION 9. The importance of this legislation and the
6-22 crowded condition of the calendars in both houses create an
6-23 emergency and an imperative public necessity that the
6-24 constitutional rule requiring bills to be read on three several
6-25 days in each house be suspended, and this rule is hereby suspended.