By:  Barrientos                                       S.B. No. 1166
       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.