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.