By Barrientos                                          S.B. No. 816
       74R894 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to registration requirements for family homes and to deed
    1-3  and zoning restrictions on family homes; providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  (a)  The legislature recognizes that the demand
    1-6  for child care is increasing and that family homes are the primary
    1-7  child-care choice for the parents of Texas.  Family home care is
    1-8  especially critical in serving parents with infants and parents of
    1-9  chronically ill or disabled children.  As the demand for child-care
   1-10  options increases, it is important to increase the availability of
   1-11  and encourage quality in the services provided by family homes.
   1-12        (b)  Family homes are required by law to operate in a
   1-13  residential setting and are compatible with other residential
   1-14  activities.  Nevertheless, local deed restrictions and zoning
   1-15  ordinances often operate to prohibit family homes.  As a result,
   1-16  some providers do not register with the Department of Protective
   1-17  and Regulatory Services, resulting in unregulated, potentially
   1-18  inappropriate, or even dangerous child care.
   1-19        (c)  It is the intent of the legislature that a coordinated,
   1-20  comprehensive system of child-care services be made available to
   1-21  the parents of Texas; that family homes remain a viable choice for
   1-22  parents; that unregulated family homes become registered so that
   1-23  the quality of their services will be improved; and that the legal
   1-24  status of family homes in residential areas be clarified so that
    2-1  the availability of family home care will increase.
    2-2        SECTION 2.  Section 42.002(9), Human Resources Code, is
    2-3  amended to read as follows:
    2-4              (9)  "Family home" means a home that regularly provides
    2-5  care in the caretaker's own residence for not more than six
    2-6  children under 14 years of age, excluding the caretaker's own
    2-7  children, and that provides care after school hours for not more
    2-8  than six additional elementary school children, but the total
    2-9  number of children, including the caretaker's own, does not exceed
   2-10  12 at any given time.  The term does not include a home that
   2-11  provides care exclusively for any number of children who are the
   2-12  children, grandchildren, nieces, or nephews of the caretaker,
   2-13  whether by affinity or consanguinity or as the result of a
   2-14  relationship created by a court decree.
   2-15        SECTION 3.  Sections 42.052(c) and (f), Human Resources Code,
   2-16  are amended to read as follows:
   2-17        (c)  <A family home that provides care for three or fewer
   2-18  children, excluding the caretaker's own children may register with
   2-19  the division.>  A family home that provides care for one <four> or
   2-20  more children, excluding the caretaker's own children, must
   2-21  register with the division.  A registration remains valid until
   2-22  revoked or surrendered.  The operator of a registered home must
   2-23  display the registration in a prominent place at the home.
   2-24        (f)  A family home may not place a public advertisement that
   2-25  uses the title "registered family home" or any variation of the
   2-26  phrase unless the home is registered <with the division> under this
   2-27  chapter.  Any public advertisement for a registered family home
    3-1  which uses the title "registered family home" must contain a
    3-2  provision in bold type stating:  "THIS HOME IS REGISTERED WITH THE
    3-3  <TEXAS> DEPARTMENT OF PROTECTIVE AND REGULATORY <HUMAN> SERVICES
    3-4  BUT IS NOT LICENSED <OR INSPECTED>."
    3-5        SECTION 4.  Section 42.075(a), Human Resources Code, is
    3-6  amended to read as follows:
    3-7        (a)  A person is subject to a civil penalty of not less than
    3-8  $50 nor more than $100 for each day of violation and for each act
    3-9  of violation if the person:
   3-10              (1)  threatens serious harm to a child in a facility by
   3-11  violating a provision of this chapter or a department rule or
   3-12  standard;
   3-13              (2)  violates a provision of this chapter or a
   3-14  department rule or standard three or more times within a 12-month
   3-15  period; <or>
   3-16              (3)  places a public advertisement for an unlicensed
   3-17  or unregistered facility; or
   3-18              (4)  operates a family home that is not registered as
   3-19  required by Section 42.052(c).
   3-20        SECTION 5.  Section 42.076(c), Human Resources Code, is
   3-21  amended to read as follows:
   3-22        (c)  A person who operates a family home that is not
   3-23  registered as required by Section 42.052(c) or who places an
   3-24  advertisement for a registered family home in violation of Section
   3-25  42.052(f) <of this code> commits a Class C misdemeanor.
   3-26        SECTION 6.  Title 11, Property Code, is amended by adding
   3-27  Chapter 204 to read as follows:
    4-1  CHAPTER 204.  OPERATION OF FAMILY HOMES IN RESIDENTIAL SUBDIVISIONS
    4-2        Sec. 204.001.  APPLICABILITY OF CHAPTER.  (a)  This chapter
    4-3  applies to each residential real estate subdivision in the state.
    4-4        (b)  This chapter does not prohibit a restriction on the
    4-5  operation of family homes in a condominium or other multifamily
    4-6  structure in which dwelling units are individually owned.
    4-7        Sec. 204.002.  DEFINITIONS.  In this chapter:
    4-8              (1)  "Family home" means a residential home that meets
    4-9  the definition of and requirements applicable to a family home
   4-10  under Chapter 42, Human Resources Code.
   4-11              (2)  "Owner" has the meaning assigned by Section
   4-12  201.003.
   4-13              (3)  "Residential real estate subdivision" or
   4-14  "subdivision" has the meaning assigned by Section 201.003.
   4-15              (4)  "Restrictive covenant" has the meaning assigned by
   4-16  Section 202.001.
   4-17        Sec. 204.003.  EXISTING FAMILY HOME EXEMPT FROM PROHIBITION
   4-18  ON FAMILY HOMES.  (a)  Owners in a subdivision may not prohibit the
   4-19  use of property in the subdivision as a family home through a
   4-20  restrictive covenant or by any other means if the family home is
   4-21  operating on September 1, 1995.  The portion of a restrictive
   4-22  covenant that prohibits such use is unenforceable with regard to a
   4-23  family home operating on that date.
   4-24        (b)  This section applies to a family home operating on
   4-25  September 1, 1995, without regard to whether the family home is
   4-26  registered under Chapter 42, Human Resources Code.
   4-27        (c)  Notwithstanding Subsection (a), owners in a subdivision
    5-1  may enforce a restrictive covenant that:
    5-2              (1)  limits the use of property in the subdivision to
    5-3  residential use or prohibits business or trade use of property; and
    5-4              (2)  is not selectively enforced to prohibit use of
    5-5  property as a family home but not other types of business or trade.
    5-6        Sec. 204.004.  NEW FAMILY HOMES.  A family home that begins
    5-7  operating after September 1, 1995, must comply with the existing
    5-8  procedures for amendment of a restrictive covenant that applies to
    5-9  the subdivision in which the family home is located to the extent
   5-10  that an amendment is required to allow operation of the family
   5-11  home.
   5-12        Sec. 204.005.  REQUIREMENTS FOR FAMILY HOME PERMITTED.  (a)
   5-13  A property owners' association or other entity authorized to
   5-14  enforce or responsible for enforcing a dedicatory instrument or
   5-15  restrictive covenant, or the  owners of property in a subdivision,
   5-16  by rules adopted by a majority of the owners at a properly called
   5-17  meeting at which a quorum of the owners is present, may prescribe
   5-18  requirements relating to the operation of a family home if the
   5-19  requirements do not have the effect of indirectly prohibiting the
   5-20  operation of a family home that is permitted to operate under this
   5-21  chapter or other law or of unduly restricting the operation of such
   5-22  a family home.
   5-23        (b)  Requirements under this section may include:
   5-24              (1)  spacing and density requirements;
   5-25              (2)  requirements relating to use of common areas
   5-26  within the subdivision; and
   5-27              (3)  restrictions on the total number of children cared
    6-1  for in a registered family home, if a minimum of six children per
    6-2  family home is allowed.
    6-3        SECTION 7.  Subchapter A, Chapter 211, Local Government Code,
    6-4  is amended by adding Section 211.0031 to read as follows:
    6-5        Sec. 211.0031.  ZONING OF FAMILY HOMES.  (a)  Use of property
    6-6  as a family home constitutes a residential use of the property for
    6-7  zoning purposes, and  the governing body of a municipality shall
    6-8  consider that use as a permitted use in all zones in which
    6-9  residential uses are permitted, including zones for single-family
   6-10  dwellings.
   6-11        (b)  This section does not prohibit a municipality from
   6-12  placing a restriction on family homes under its zoning authority if
   6-13  the restriction does not have the effect of totally prohibiting the
   6-14  operation of family homes in the regulated area.
   6-15        (c)  A municipality may use its zoning authority to:
   6-16              (1)  regulate the spacing or density of family homes
   6-17  within a defined residential area;
   6-18              (2)  restrict the total number of children cared for in
   6-19  a registered family home if the municipality allows a minimum of
   6-20  six children per family home and follows the guidelines established
   6-21  by the Department of Protective and Regulatory Services regarding
   6-22  the number of children cared for in a family home, except that a
   6-23  municipality may deviate from those guidelines in any part of the
   6-24  municipality if the governing body determines that adherence to the
   6-25  guidelines would create safety hazards due to the density of homes,
   6-26  vehicular traffic, or other safety factors; and
   6-27              (3)  require notification before a registered provider
    7-1  offers family home care.
    7-2        (d)  This section does not preempt or affect a prohibition
    7-3  against a family home that is included in a restrictive covenant
    7-4  that complies with Chapter 204, Property Code.
    7-5        (e)  In this section, "family home" means a residential home
    7-6  that meets the definition of and requirements applicable to a
    7-7  family home under Chapter 42, Human Resources Code.
    7-8        SECTION 8.  (a)  This Act takes effect September 1, 1995.
    7-9        (b)  The change in law made by Section 6 of this Act applies
   7-10  to a restrictive covenant without regard to whether the restrictive
   7-11  covenant is adopted before, on, or after the effective date of this
   7-12  Act.
   7-13        SECTION 9.  The importance of this legislation and the
   7-14  crowded condition of the calendars in both houses create an
   7-15  emergency and an imperative public necessity that the
   7-16  constitutional rule requiring bills to be read on three several
   7-17  days in each house be suspended, and this rule is hereby suspended.