By: Gallegos S.B. No. 805
A BILL TO BE ENTITLED
AN ACT
1-1 relating to exempting certain youth camps from child-care licensing
1-2 requirements.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 42.041, Human Resources
1-5 Code, is amended to read as follows:
1-6 (b) This section does not apply to:
1-7 (1) a state-operated facility;
1-8 (2) an agency home;
1-9 (3) a facility that is operated in connection with a
1-10 shopping center, business, religious organization, or establishment
1-11 where children are cared for during short periods while parents or
1-12 persons responsible for the children are attending religious
1-13 services, shopping, or engaging in other activities on or near the
1-14 premises, including but not limited to retreats or classes for
1-15 religious instruction;
1-16 (4) a school or class for religious instruction that
1-17 does not last longer than two weeks and is conducted by a religious
1-18 organization during the summer months;
1-19 (5) a youth camp licensed by the Texas Department of
1-20 Health;
1-21 (6) a hospital licensed by the Texas Department of
1-22 Mental Health and Mental Retardation or the Texas Department of
1-23 Health;
1-24 (7) an educational facility accredited by the Central
2-1 Education Agency or the Southern Association of Colleges and
2-2 Schools that operates primarily for educational purposes in grades
2-3 kindergarten and above;
2-4 (8) an educational facility that operates solely for
2-5 educational purposes in grades kindergarten through at least grade
2-6 two, that does not provide custodial care for more than one hour
2-7 during the hours before or after the customary school day, and that
2-8 is a member of an organization that promulgates, publishes, and
2-9 requires compliance with health, safety, fire, and sanitation
2-10 standards equal to standards required by state, municipal, and
2-11 county codes;
2-12 (9) a kindergarten or preschool educational program
2-13 that is operated as part of a public school or a private school
2-14 accredited by the Central Education Agency, that offers educational
2-15 programs through grade six, and that does not provide custodial
2-16 care during the hours before or after the customary school day;
2-17 (10) a family home, whether registered or not;
2-18 (11) an educational facility that is integral to and
2-19 inseparable from its sponsoring religious organization or an
2-20 educational facility both of which do not provide custodial care
2-21 for more than two hours maximum per day, and that offers
2-22 educational programs for children age five and above in one or more
2-23 of the following: kindergarten through at least grade three,
2-24 elementary, or secondary grades; <or>
2-25 (12) an agency group home;<.>
2-26 (13) <(12)> an emergency shelter facility providing
2-27 shelter to minor mothers who are the sole support of their natural
3-1 children under Section 35.05, Family Code, unless the facility
3-2 would otherwise require a license as a child-care facility under
3-3 this section; or
3-4 (14) an annual youth camp held in a municipality with
3-5 a population of more than 1.5 million that operates for not more
3-6 than three months and that has been operated for at least 10 years
3-7 by a nonprofit organization that provides care for the homeless.
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.
3-14 COMMITTEE AMENDMENT NO. 1
3-15 Amend S.B. 805 as follows:
3-16 (1) In SECTION 1, Sec. 42.041(b)(13), delete the word "or".
3-17 (2) In SECTION 1, Sec. 42.041(b)(14), delete the period
3-18 after the word "homeless" and substitute "; or".
3-19 (3) In SECTION 1, add a new Sec. 42.041(b)(15) to read as
3-20 follows:
3-21 "(15) a facility or program operated by an
3-22 incorporated municipality."
3-23 Naishtat