1-1 By: Gallegos S.B. No. 805
1-2 (In the Senate - Filed February 28, 1995; March 1, 1995, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 5, 1995, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 5, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to exempting certain youth camps from child-care licensing
1-9 requirements.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (b), Section 42.041, Human Resources
1-12 Code, is amended to read as follows:
1-13 (b) This section does not apply to:
1-14 (1) a state-operated facility;
1-15 (2) an agency home;
1-16 (3) a facility that is operated in connection with a
1-17 shopping center, business, religious organization, or establishment
1-18 where children are cared for during short periods while parents or
1-19 persons responsible for the children are attending religious
1-20 services, shopping, or engaging in other activities on or near the
1-21 premises, including but not limited to retreats or classes for
1-22 religious instruction;
1-23 (4) a school or class for religious instruction that
1-24 does not last longer than two weeks and is conducted by a religious
1-25 organization during the summer months;
1-26 (5) a youth camp licensed by the Texas Department of
1-27 Health;
1-28 (6) a hospital licensed by the Texas Department of
1-29 Mental Health and Mental Retardation or the Texas Department of
1-30 Health;
1-31 (7) an educational facility accredited by the Central
1-32 Education Agency or the Southern Association of Colleges and
1-33 Schools that operates primarily for educational purposes in grades
1-34 kindergarten and above;
1-35 (8) an educational facility that operates solely for
1-36 educational purposes in grades kindergarten through at least grade
1-37 two, that does not provide custodial care for more than one hour
1-38 during the hours before or after the customary school day, and that
1-39 is a member of an organization that promulgates, publishes, and
1-40 requires compliance with health, safety, fire, and sanitation
1-41 standards equal to standards required by state, municipal, and
1-42 county codes;
1-43 (9) a kindergarten or preschool educational program
1-44 that is operated as part of a public school or a private school
1-45 accredited by the Central Education Agency, that offers educational
1-46 programs through grade six, and that does not provide custodial
1-47 care during the hours before or after the customary school day;
1-48 (10) a family home, whether registered or not;
1-49 (11) an educational facility that is integral to and
1-50 inseparable from its sponsoring religious organization or an
1-51 educational facility both of which do not provide custodial care
1-52 for more than two hours maximum per day, and that offers
1-53 educational programs for children age five and above in one or more
1-54 of the following: kindergarten through at least grade three,
1-55 elementary, or secondary grades; <or>
1-56 (12) an agency group home;<.>
1-57 (13) <(12)> an emergency shelter facility providing
1-58 shelter to minor mothers who are the sole support of their natural
1-59 children under Section 35.05, Family Code, unless the facility
1-60 would otherwise require a license as a child-care facility under
1-61 this section; or
1-62 (14) an annual youth camp held in a municipality with
1-63 a population of more than 1.5 million that operates for not more
1-64 than three months and that has been operated for at least 10 years
1-65 by a nonprofit organization that provides care for the homeless.
1-66 SECTION 2. This Act takes effect September 1, 1995.
1-67 SECTION 3. The importance of this legislation and the
1-68 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.
2-4 * * * * *