By Marchant                                           H.B. No. 1850
       74R7068 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to exempting certain recreational youth programs from
    1-3  child-care licensing requirements.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 42.041(b), Human Resources Code, is
    1-6  amended to read as follows:
    1-7        (b)  This section does not apply to:
    1-8              (1)  a state-operated facility;
    1-9              (2)  an agency home;
   1-10              (3)  a facility that is operated in connection with a
   1-11  shopping center, business, religious organization, or establishment
   1-12  where children are cared for during short periods while parents or
   1-13  persons responsible for the children are attending religious
   1-14  services, shopping, or engaging in other activities on or near the
   1-15  premises, including but not limited to retreats or classes for
   1-16  religious instruction;
   1-17              (4)  a school or class for religious instruction that
   1-18  does not last longer than two weeks and is conducted by a religious
   1-19  organization during the summer months;
   1-20              (5)  a youth camp licensed by the Texas Department of
   1-21  Health;
   1-22              (6)  a hospital licensed by the Texas Department of
   1-23  Mental Health and Mental Retardation or the Texas Department of
   1-24  Health;
    2-1              (7)  an educational facility accredited by the Central
    2-2  Education Agency or the Southern Association of Colleges and
    2-3  Schools that operates primarily for educational purposes in grades
    2-4  kindergarten and above;
    2-5              (8)  an educational facility that operates solely for
    2-6  educational purposes in grades kindergarten through at least grade
    2-7  two, that does not provide custodial care for more than one hour
    2-8  during the hours before or after the customary school day, and that
    2-9  is a member of an organization that promulgates, publishes, and
   2-10  requires compliance with health, safety, fire, and sanitation
   2-11  standards equal to standards required by state, municipal, and
   2-12  county codes;
   2-13              (9)  a kindergarten or preschool educational program
   2-14  that is operated as part of a public school or a private school
   2-15  accredited by the Central Education Agency, that offers educational
   2-16  programs through grade six, and that does not provide custodial
   2-17  care during the hours before or after the customary school day;
   2-18              (10)  a family home, whether registered or not;
   2-19              (11)  an educational facility that is integral to and
   2-20  inseparable from its sponsoring religious organization or an
   2-21  educational facility both of which do not provide custodial care
   2-22  for more than two hours maximum per day, and that offers
   2-23  educational programs for children age five and above in one or more
   2-24  of the following:  kindergarten through at least grade three,
   2-25  elementary, or secondary grades; <or>
   2-26              (12)  an agency group home;<.>
   2-27              (13) <(12)>  an emergency shelter facility providing
    3-1  shelter to minor mothers who are the sole support of their natural
    3-2  children under Section 35.05, Family Code, unless the facility
    3-3  would otherwise require a license as a child-care facility under
    3-4  this section; or
    3-5              (14)  a youth recreational program that is operated by
    3-6  a municipality in a public school building or municipal facility
    3-7  only after the end of the school day or on school holidays.
    3-8        SECTION 2.  This Act takes effect September 1, 1995.
    3-9        SECTION 3.  The importance of this legislation and the
   3-10  crowded condition of the calendars in both houses create an
   3-11  emergency and an imperative public necessity that the
   3-12  constitutional rule requiring bills to be read on three several
   3-13  days in each house be suspended, and this rule is hereby suspended.