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.