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.