By Black H.B. No. 2391
74R1275 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the impact of residential care facilities on school
1-3 districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 21, Education Code, is
1-6 amended by adding Section 21.0314 to read as follows:
1-7 Sec. 21.0314. PAYMENT OF TUITION BY RESIDENTIAL CARE
1-8 FACILITY. (a) Except as provided by Subsection (b), a person
1-9 operating a residential care facility who receives money from a
1-10 state agency in connection with a child residing in the facility
1-11 and attending school in a school district shall pay tuition at a
1-12 weekly rate to the district. The amount of tuition is equal to the
1-13 amount of money the residential care facility receives from the
1-14 state agency in connection with the child for each week multiplied
1-15 by the quotient of the number of hours that the child attends
1-16 school each week divided by 168.
1-17 (b) Payment of tuition for a child is not required if:
1-18 (1) the money the residential care facility receives
1-19 in connection with the child represents federal funds, and payment
1-20 of school tuition from that money would violate federal law;
1-21 (2) the child is entitled to a free appropriate public
1-22 education in the district under the Individuals with Disabilities
1-23 Education Act (20 U.S.C. Section 1400 et seq.); or
1-24 (3) the child is entitled to attend school in the
2-1 school district under Section 21.031 because the child's parent or
2-2 legal guardian resides in the school district.
2-3 (c) In this section, "residential care facility" means:
2-4 (1) a facility, including a group home, operated under
2-5 a contract with the Texas Department of Mental Health and Mental
2-6 Retardation or with a community center organized under Subchapter
2-7 A, Chapter 534, Health and Safety Code, that provides 24-hour
2-8 services for children with mental retardation, mental illness, or
2-9 emotional disturbances;
2-10 (2) a home and community support services agency as
2-11 defined by Section 142.001, Health and Safety Code, that provides
2-12 24-hour services for children;
2-13 (3) an institution as defined by Section 242.002,
2-14 Health and Safety Code;
2-15 (4) a child-care institution, foster group home, or
2-16 agency group home, as defined by Section 42.002, Human Resources
2-17 Code; or
2-18 (5) a community home for children that is subject to
2-19 Chapter 123, Human Resources Code.
2-20 SECTION 2. Subchapter A, Chapter 142, Health and Safety
2-21 Code, is amended by adding Section 142.005 to read as follows:
2-22 Sec. 142.005. PUBLIC NOTICE CONCERNING PROPOSED RESIDENTIAL
2-23 FACILITY. Not later than the seventh day after the date a person
2-24 files an application for a license to establish a home and
2-25 community support services agency that will provide living quarters
2-26 to six or more persons, the person must publish a notice of the
2-27 application in a newspaper of general circulation in the community
3-1 in which the facility is to be established. The notice must be
3-2 published on two separate occasions at least two weeks apart. The
3-3 notice must include the name and address of the person filing the
3-4 application and the name and address of each agency that issues any
3-5 applicable license.
3-6 SECTION 3. Section 142.006, Health and Safety Code, is
3-7 amended by adding Subsection (f) to read as follows:
3-8 (f) If the home and community support services agency is to
3-9 provide or provides living quarters for six or more children,
3-10 before issuing or renewing the license, the department shall
3-11 consider the impact that the facility will have or has on the
3-12 school district in which the facility is located.
3-13 SECTION 4. Subchapter B, Chapter 242, Health and Safety
3-14 Code, is amended by adding Section 242.0321 to read as follows:
3-15 Sec. 242.0321. PUBLIC NOTICE CONCERNING PROPOSED
3-16 INSTITUTION. Not later than the seventh day after the date a
3-17 person files an application for a license to establish an
3-18 institution, the person must publish a notice of the application in
3-19 a newspaper of general circulation in the community in which the
3-20 institution is to be established. The notice must be published on
3-21 two separate occasions at least two weeks apart. The notice must
3-22 include the name and address of the person filing the application
3-23 and the name and address of each agency that issues any applicable
3-24 license.
3-25 SECTION 5. Section 242.033, Health and Safety Code, is
3-26 amended by adding Subsection (f) to read as follows:
3-27 (f) If the institution is to provide or provides living
4-1 quarters for six or more children, before issuing or renewing the
4-2 license, the department shall consider the impact that the
4-3 institution will have or has on the school district in which the
4-4 institution is located.
4-5 SECTION 6. Subchapter C, Chapter 42, Human Resources Code,
4-6 is amended by adding Section 42.0455 to read as follows:
4-7 Sec. 42.0455. PUBLIC NOTICE CONCERNING PROPOSED CHILD-CARE
4-8 FACILITY. Not later than the seventh day after the date a person
4-9 files an application for a license to establish a facility that
4-10 will provide care 24 hours a day, the person must publish a notice
4-11 of the application in a newspaper of general circulation in the
4-12 community in which the facility is to be established. The notice
4-13 must be published on two separate occasions at least two weeks
4-14 apart. The notice must include the name and address of the person
4-15 filing the application and the name and address of each agency that
4-16 issues any applicable license.
4-17 SECTION 7. Sections 42.049(b) and (f), Human Resources Code,
4-18 are amended to read as follows:
4-19 (b) When issuing a license, the division:
4-20 (1) shall consider the impact that the facility will
4-21 have on the school district in which the facility is located; and
4-22 (2) may impose restrictions on a facility, including
4-23 restrictions concerning <but not limited to> the number of children
4-24 to be served and the type of children to be served.
4-25 (f) A license must be issued if the division determines that
4-26 a facility meets all requirements. The evaluation shall be based
4-27 on one or more visits to the facility and a review of required
5-1 forms and records. A license is valid until the second anniversary
5-2 of the date of issuance <revoked or surrendered>.
5-3 SECTION 8. Subchapter C, Chapter 42, Human Resources Code,
5-4 is amended by adding Section 42.0501 to read as follows:
5-5 Sec. 42.0501. LICENSE RENEWAL. (a) A license holder may
5-6 apply for a new license in compliance with the requirements of this
5-7 chapter and the rules adopted by the division.
5-8 (b) The application for a new license must be completed and
5-9 decided on by the division before the expiration of the license
5-10 under which a facility is operating.
5-11 (c) The division shall evaluate the application for a new
5-12 license to determine if all licensing requirements are met. The
5-13 evaluation:
5-14 (1) may include a specified number of visits to the
5-15 facility;
5-16 (2) must include a consideration of the impact that
5-17 the facility will have on the school district in which the facility
5-18 is located; and
5-19 (3) must include a review of all required forms and
5-20 records.
5-21 SECTION 9. Chapter 123, Human Resources Code, is amended by
5-22 adding Section 123.0081 to read as follows:
5-23 Sec. 123.0081. PUBLIC NOTICE CONCERNING PROPOSED COMMUNITY
5-24 HOME. Before a person may establish a community home, the person
5-25 must publish a notice of the proposal to establish a community home
5-26 in a newspaper of general circulation in the community in which the
5-27 home is to be established. The notice must be published on two
6-1 separate occasions at least two weeks apart. The notice must
6-2 include the name and address of the person proposing to establish
6-3 the community home and the name and address of each agency that
6-4 issues any applicable license.
6-5 SECTION 10. Section 42.049(f), Human Resources Code, as
6-6 amended by this Act, applies to a license issued under Section
6-7 42.049, Human Resources Code, before the effective date of this
6-8 Act. A license issued under that section on or before September 1,
6-9 1994, expires September 1, 1996. A license issued under that
6-10 section after September 1, 1994, expires on the second anniversary
6-11 of the date the license was issued.
6-12 SECTION 11. Section 42.050, Human Resources Code, as amended
6-13 by Chapter 1052, Acts of the 70th Legislature, Regular Session,
6-14 1987, and as repealed by Chapter 1081, Acts of the 70th
6-15 Legislature, Regular Session, 1987, is repealed.
6-16 SECTION 12. This Act takes effect September 1, 1995.
6-17 SECTION 13. The importance of this legislation and the
6-18 crowded condition of the calendars in both houses create an
6-19 emergency and an imperative public necessity that the
6-20 constitutional rule requiring bills to be read on three several
6-21 days in each house be suspended, and this rule is hereby suspended.