74R11602 E
By Greenberg H.B. No. 37
Substitute the following for H.B. No. 37:
By Davila C.S.H.B. No. 37
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain requirements for family homes.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 42.002, Human Resources Code, is amended
1-5 by amending Subdivision (9) and adding Subdivisions (16) and (17)
1-6 to read as follows:
1-7 (9) "Family home" means a home that <regularly>
1-8 provides regular care for less than 24 hours in a day in the
1-9 caretaker's own residence for not more than six children under 14
1-10 years of age, excluding the caretaker's own children, and that
1-11 provides care after school hours for not more than six additional
1-12 elementary school children, but the total number of children,
1-13 including the caretaker's own, does not exceed 12 at any given
1-14 time. The term does not include a home that provides care
1-15 exclusively for any number of children who are the children,
1-16 grandchildren, nieces, or nephews of the caretaker, whether by
1-17 affinity or consanguinity or as the result of a relationship
1-18 created by a court decree.
1-19 (16) "Regular care" means care that is provided at
1-20 least four hours a day, three or more days a week, for more than
1-21 nine consecutive weeks.
1-22 (17) "Department" means the Department of Protective
1-23 and Regulatory Services.
1-24 SECTION 2. Section 42.052, Human Resources Code, is amended
2-1 by amending Subsections (c) and (f) and adding Subsections (g)-(k)
2-2 to read as follows:
2-3 (c) A family home that provides regular care for three or
2-4 fewer children, excluding the caretaker's own children, shall list
2-5 or may register with the division. A family home that provides
2-6 regular care for four or more children, excluding the caretaker's
2-7 own children, shall <must> register with the division. A
2-8 registration remains valid until revoked or surrendered. The
2-9 operator of a registered home must display the registration in a
2-10 prominent place at the home.
2-11 (f) A family home may not place a public advertisement that
2-12 uses the title "registered family home" or any variation of the
2-13 phrase unless the home is registered <with the division> under this
2-14 chapter. Any public advertisement for a registered family home
2-15 which uses the title "registered family home" must contain a
2-16 provision in bold type stating: "THIS HOME IS REGISTERED WITH THE
2-17 <TEXAS> DEPARTMENT OF PROTECTIVE AND REGULATORY <HUMAN> SERVICES
2-18 BUT IS NOT LICENSED OR REGULARLY INSPECTED."
2-19 (g) A family home that receives monetary compensation for
2-20 providing regular care for three or fewer children, excluding the
2-21 caretaker's own children, and is not registered with the division
2-22 shall be listed with the division. A listing remains valid until
2-23 revoked or surrendered. A listing must contain a provision that
2-24 states: "THIS HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR
2-25 REGISTERED WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY
2-26 SERVICES. IT HAS NOT BEEN INSPECTED AND WILL NOT BE REGULARLY
2-27 INSPECTED." The operator of a listed home is not required to
3-1 display the listing in a prominent place at the home but shall make
3-2 the listing available for examination. The department may waive
3-3 the listing requirement under special circumstances. The
3-4 department shall adopt rules to provide for a sufficient period of
3-5 time to allow operators of family homes to comply with the listing
3-6 requirement of this section.
3-7 (h) The operator of a listed family home shall undergo an
3-8 initial and subsequent background and criminal history checks
3-9 required under Section 42.057.
3-10 (i) A family home may not place a public advertisement that
3-11 uses the title "listed family home" or any variation of the phrase
3-12 unless the home is listed as provided by this chapter. Any public
3-13 advertisement for a listed family home that uses the title "listed
3-14 family home" must contain a provision in bold type stating: "THIS
3-15 HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED
3-16 WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES. IT HAS
3-17 NOT BEEN INSPECTED AND WILL NOT BE REGULARLY INSPECTED."
3-18 (j) To remain listed with the division, a family home must
3-19 comply with the department's rules and standards and any provision
3-20 of this chapter that applies to a listed family home.
3-21 (k) The department by rule may provide for denial of an
3-22 application or renewal for listing or registration of a family home
3-23 or may revoke a family home's listing or registration based on the
3-24 results of a background or criminal history check.
3-25 SECTION 3. Section 42.054(e), Human Resources Code, is
3-26 amended to read as follows:
3-27 (e) The division shall charge each family home that is
4-1 listed or registered with the division an annual <registration> fee
4-2 <of $35> to cover a portion of the department's cost in regulating
4-3 family homes. The fee is $30 for a listed home or $35 for a
4-4 registered home. The fee is due on the date on which the division
4-5 lists or registers the home and on the anniversary of that date.
4-6 If a family home fails to pay the required fee when due, the
4-7 division shall suspend the home's listing or registration until the
4-8 fee is paid.
4-9 SECTION 4. Subchapter C, Chapter 42, Human Resources Code,
4-10 is amended by adding Section 42.057 to read as follows:
4-11 Sec. 42.057. REQUIRED BACKGROUND AND CRIMINAL HISTORY
4-12 CHECKS. (a) In accordance with rules adopted by the department,
4-13 the operator of a family home shall, when the operator applies for
4-14 listing or registration and at least once during each 24 months
4-15 after listing or registration, submit to the department for use in
4-16 conducting background and criminal history checks:
4-17 (1) the name of the owner and each person employed at
4-18 the family home; and
4-19 (2) the name of each resident of the home and any
4-20 other person who will regularly or frequently be staying or working
4-21 at the home while children are being provided care.
4-22 (b) The department shall conduct background and criminal
4-23 history checks using:
4-24 (1) the information provided under Subsection (a);
4-25 (2) the information made available by the Department
4-26 of Public Safety under Section 411.114, Government Code; and
4-27 (3) the department's records of reported abuse and
5-1 neglect.
5-2 (c) The department by rule shall require a family home to
5-3 pay to the department a fee in an amount not to exceed the
5-4 administrative costs the department incurs in conducting a
5-5 background and criminal history check under this section.
5-6 SECTION 5. Section 42.074(a), Human Resources Code, is
5-7 amended to read as follows:
5-8 (a) When it appears that a person has violated, is
5-9 violating, or is threatening to violate the licensing,
5-10 certification, listing, or registration requirements of this
5-11 chapter or the department's licensing, certification, listing, or
5-12 registration rules and standards, the division may file a suit in a
5-13 district court in Travis County or in the county where the facility
5-14 is located for assessment and recovery of civil penalties under
5-15 Section 42.075 of this code, for injunctive relief, including a
5-16 temporary restraining order, or for both injunctive relief and
5-17 civil penalties.
5-18 SECTION 6. Section 42.075(a), Human Resources Code, is
5-19 amended to read as follows:
5-20 (a) A person is subject to a civil penalty of not less than
5-21 $50 nor more than $100 for each day of violation and for each act
5-22 of violation if the person:
5-23 (1) threatens serious harm to a child in a facility by
5-24 violating a provision of this chapter or a department rule or
5-25 standard;
5-26 (2) violates a provision of this chapter or a
5-27 department rule or standard three or more times within a 12-month
6-1 period; or
6-2 (3) places a public advertisement for an unlicensed,
6-3 unlisted, or unregistered facility.
6-4 SECTION 7. This Act takes effect September 1, 1995.
6-5 SECTION 8. The importance of this legislation and the
6-6 crowded condition of the calendars in both houses create an
6-7 emergency and an imperative public necessity that the
6-8 constitutional rule requiring bills to be read on three several
6-9 days in each house be suspended, and this rule is hereby suspended.