BILL ANALYSIS


HUMAN SERVICES
C.S.H.B.  155
By: Greenburg (McReynolds)
4-14-97
Committee Report (substituted)



BACKGROUND

 Family homes represent an important alternative for parents seeking child
care. The care of small groups of children in an operator's own home
provides youngsters with greater attention and supervision by adults.
This is  a particularly attractive choice for young children and those
with special needs.  Currently, state law requires operators of family
homes caring for four or more children to register with the Department of
Protective and Regulatory Services (DPRS).  However, homes providing care
for one to three children do not have to register. 

 Although criminal history and child abuse background checks are conducted
upon application for persons operating registered family homes, those
caring for less than four children never undergo such review.  This lack
of regulatory oversight exposes children in these type home care
arrangements to possible tragic consequences either from abuse or neglect
by the caretaker. 

 Currently,  DPRS and other law enforcement officials do not have the
necessary legal authority to charge family home operators who violate laws
governing registered homes with criminal penalties.   Additionally DPRS
lacks the clear authority to assess civil penalties against family home
providers and the ability to enjoin family home providers from operating. 

PURPOSE

 C.S.H.B. 155 would create a new category of  family homes called "listed"
family homes.  Listed family homes are those that provide care for
compensation to fewer than four children not related to the caretaker.
The care must be provided on a regular basis.  The bill would eliminate
some potentially dangerous child care placements for children by requiring
operators of all family homes caring for fewer than four children to list
the home with DPRS.  DPRS would be authorized to conduct criminal history
and child abuse background checks on persons operating, working or
residing in the family home at the time of the application for listing and
every two years thereafter.  Listed family homes would not have to meet
the more stringent statutory and agency rule standards required of
registered family homes, but by mandating the background checks of
operators would screen the known offenders from operation. 

  C.S.H.B. 155 also enhances the ability of DPRS and law enforcement to
enforce the laws and rules governing registered and listed homes.  This
bill clarifies  DPRS's authority to take civil action against listed and
registered family homes including assessing penalties and the ability to
enjoin family homes from operating.  The bill also adds the ability to
charge operators of family homes with a Class B misdemeanor for operating
without a listing or registration. An operator could also be charged with
a Class C misdemeanor for publicly advertising a unlisted or unregistered
family homes. 

 C.S.H.B. 155 also provides notice and due process procedures for the
operators of family homes when DPRS seeks civil action. 

RULEMAKING AUTHORITY

C.S.H.B. 155 grants rulemaking authority to the Department of Protective
and Regulatory Services in the following sections: SECTION 3, Section
42.042(e); SECTION 3, Section 42.042(f); SECTION 3, Section 42.042(g);
SECTION 3, Section 42.042(l); SECTION 8, Section 42.052(i); SECTION 12,
Section 42.057(a); and SECTION 14, Section 42.0725(b).  


SECTION BY SECTION ANALYSIS

SECTION 1.Amends Section 42.002, Human Resources Code, by amending
Subsection (9); adding new Subsection (16).  

(9)Clarifies the definition of "family home" by replacing the words "the
caretaker's own" children to children "who are related to the caretaker."
Adds a sentence which states that family homes do not include any homes
that care exclusively for any number of children related to the caretaker. 

          (16)Defines "children related to the caretaker" to mean children
who are the children, grandchildren, great-grandchildren, first cousins,
nieces, or nephews of the caretaker, whether by affinity or consanguinity
or as the result of a relationship created by court decree. 

SECTION 2.Amends Section 42.041(b), Human Resources Code, by amending
Subsections (7), (9), (10), (13), (14), (15), and adding new Subsection
(16). 

(7)Changes the name of the Central Education Agency to the Texas Education
Agency to reflect the proper name for the Texas Education Agency. 

(9)Changes the name of the Central Education Agency to the Texas Education
Agency to reflect the proper name for the Texas Education Agency. 

     (10)Adds listed family home to the categories which are not required
to be licensed to operate a child care facility. 

 (13)Changes the reference of Section 35.05 Family Code to Section 32.201
Family Code to reflect the appropriate reference in the Family Code.
Deletes "or" after the semicolon. 

 (14)Replaces the period after Texas Youth Commission with a semicolon.
This Subsection (14) was added by Acts 1995, 74th Leg., ch. 262, SECTION
54 

 (15)Renumbers the prior Subsection (14) added by Acts 1995, 74th Leg.,
ch. 847, SECTION 1  to Subsection (15). 

 (16)Renumbers the prior Subsection (15) to Subsection (16). 

SECTION 3. Amends Section  42.042(e), Human Resources Code, by adding
registered family homes for coverage of minimum standards provided by the
department.  This amendment to Sec 42.042(e) is a clarification which adds
rulemaking authority to Chapter 42, Human Resources Code which is already
provided in Chapter 40, Human Resources Code.  The current  rules for
registered family homes are in the Texas Administrative Code, Title 40,
Part XIX, Chapter 715, Subchapter B. 

Amends Subsections 42.042(e)(1), (2) and (5), Human Resources Code, to add
the phrase "registered family home" in order to clarify that these
subsections apply to registered family homes as well as other child care
facilities. 

Amends Section 42.042(f), Human Resources Code, to replace the term
"facilities" with the term "services."  The Section now states that in
promulgating minimum standards for the provision of child-care services,
DPRS shall recognize the various categories of services, including
services for specialized care, and the various categories of children and
their particular needs.  Standards for child-care institutions must
require an intake study before a child is placed in an institution.  The
intake study may be conducted at a community mental health and mental
retardation center.  

Amends Section 42.042(g), Human Resources Code,  to delete the term "child
care facilities." 

Adds Subsection 42.042(g)(1), Human Resources Code, and replaces the term
"child-caring" institution to "child-care" institution. 

Adds Subsection 42.042(g)(2), Human Resources Code, to add foster group
homes to those facilities that DPRS may treat differently when
promulgating minimum standards. 

Enumerates Subsections 42.042(g)(3) through (8) for terms previously
listed in a sentence in Section 42.042. 

Amends Section 42.042(l), Human Resources Code, to make nonsubstantive
changes in sentence structure, to state that in promulgating minimum
standards for the regulation of family homes that register with DPRS, the
standards must address the minimum qualification, education, and training
required of a person who operates a family home registered with DPRS. 

SECTION 4.Amends Section 42.044(b), Human Resources Code, to add
registered family homes for division inspection as necessary.  Adds a
sentence that provides that the department must investigate a listed
family home when abuse or neglect complaint is received.  The standards of
abuse and neglect are defined in Chapter 261, Texas Family Code. 

SECTION 5.Amends Section 42.046(a), (b) and (c), Human Resources Code.
Strikes "license" from the heading to provide a generic heading for the
section to apply to all types of applications. 
 
(a)Adds listing and registration to the types of applications under child
care regulation. 

(b)Requires DPRS to provide a copy of the minimum standards to licensed
facilities and registered homes, if applicable.  

(c)Limits the requirement for the department to investigate the plan of
care for children to those categories where a plan of care is required. 

SECTION 6.Amends Section 42.047(a), Human Resources Code, to require DPRS
to offer consultation to listing and registration holders in addition to
potential  applicants, applicants, and certification holders about meeting
and maintaining standards for licensing, listing, registration and
certification and achieving programs of excellences in  child care.     

SECTION 7.Amends Section  42.0491(e), Human Resources Code, to exempt
listed family homes from the requirement to have liability insurance.
Makes a technical change to current law to use the proper terminology for
registered family home. 

SECTION 8. Amends Section 42.052, Human Resources Code,  by adding
"LISTING" to the heading and making the following changes to Subsections
(c), (d), (f), (h), (i), (j), and (k): 

(c)Adds the requirement that all family homes that provide care for
compensation for three or fewer children excluding children related to the
caretaker for at least four hours a day, three or more day a week, for
more than nine consecutive weeks in the caretaker's own residence shall
list or may register with the DPRS. Makes a technical amendment to use the
phrase "children related to the caretaker" rather than "the caretaker's
own children."  

(d)Adds a renumbered Section  42.052(d) which states that a family home
that provides care for four or more children, excluding the children who
are related to the caretaker, shall register with the DPRS. Adds language
which states that a person who provides care exclusively for any number of
children related to the caretaker is not required to list or register with
the department. 

(e)Adds a renumbered Section  42.052(e) which adds listing to the
provision that registrations remain valid until revoked or surrendered.   

(f)Deletes prior Section  42.052(f) and adds a new Section  42.052 (f)
which adds listed to the provision that a family home must comply with the
department's rules and standards if applicable to that category of child
care. 

(g)Is renumbered from prior Section  42.052(e). There is no change.

(h)Is renumbered from prior Section  42.052(g). There is no change.

(i)Adds a new Subsection 42.052(i)  which states that DPRS shall provide
to a listed family home a copy of the listing. Requires the listing to
contain a provision which states "THIS HOME IS A LISTED FAMILY HOME.  IT
IS NOT LICENSED OR REGISTERED WITH THE DEPARTMENT OF PROTECTIVE AND
REGULATORY SERVICES.  IT HAS NOT BEEN INSPECTED AND WILL NOT BE
INSPECTED." States that the operator of a listed home is not required to
display the listing in a prominent place at the home but shall make the
listing available for examination. States that DPRS shall make rules to
provide for a sufficient period to allow operators of family homes to
comply with the listing requirement of this section. 

(j) Adds a new Subsection 42.052(j) requiring the operator of a listed
family home to undergo an initial and subsequent background and criminal
history checks as required under Section 42.057, Human Resources Code. 

(k)Adds a new Subsection 42.052(k) which requires DPRS to issue a listing
or registration to a family home, as appropriate, in both English  and
Spanish when the most recent federal census shows that more than one-half
of the population in a municipality or in a commissioner's precinct in a
count in which the family home is located is of Hispanic origin or
Spanish-speaking. 

SECTION 9.Adds new Sections 42.0522(a) and (b) to Subchapter C, Chapter
42, Human Resources Code. 

(a)States that a family home may not place a public advertisement that
uses the title "registered family home" or any variation of the phrase
unless the home is registered with the DPRS.  State that any public
advertisement for a registered family home that uses the title "registered
family home" must contain a provision in bold type stating "THIS HOME IS
REGISTERED WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES BUT
IS NOT LICENSED OR REGULARLY INSPECTED." 

(b)Prohibits a family home from advertising itself as a listed home unless
it has received a listing from DPRS.  Any advertisement must contain a
bold type disclaimer with the following language:  "THIS HOME IS A LISTED
FAMILY HOME. IT IS NOT LICENSED OR REGISTERED WITH THE DEPARTMENT OF
PROTECTIVE AND REGULATORY SERVICES.  ITA HAS NOT BEEN INSPECTED AND WILL
NOT BE INSPECTED." 

SECTION 10.Amends Section  42.054(e), Human Resources Code, to add listed
family homes to the fee provision. Sets the fee at $20 for a listed family
home at the time of listing and each year on the anniversary of that date.
Makes technical changes to the fee provision for registered homes but does
not change the amount. 

SECTION 11.Amends Section 42.054(f), Human Resources Code, to make a
technical change to the annual fee provision. Adds listing to the
provision requiring suspension of the license or registration if a fee is
not paid. 

SECTION 12.Adds a new Section 42.057(a) and (b), Human Resources Code,
requiring background and criminal history checks for registered and listed
family homes. 

(a)Gives DPRS authority through rulemaking to require operators of family
homes at time of application and at least once every two years, to submit
to the agency for use in background checks information relating to persons
owning or employed at family homes, as well as residents or other persons
staying or working at the home while children in care are present. The
information includes the names and dates of birth of each person. 

(b)Directs DPRS to conduct background and criminal history checks using
information provided by the operator, the Department of Public Safety, and
DPRS records of reported abuse and neglect. 

SECTION 13.Amends Section 42.072, Human Resources Code,  by adding
registered and listed family homes to the remedy provisions for operators
violating Chapter 42, Human Resources Code, provisions and DPRS rules. 

Section  42.072 is amended by adding registered and listed family homes to
the types of regulated facilities specified for consideration by DPRS for
denial or revocation of operating authority when the facility does not
comply with the requirements of Chapter 42, Human Resources Code, the
rules, standards or terms of the registration or listing.  Makes
conforming language in the subsections for notice and appeal purposes. 

SECTION 14.Amends Subchapter D, Chapter 42, Human Resources Code by adding
Sections 42.0725(a) and (b). 

(a)Adds a new Subsection 42.0725(a) which states that DPRS shall deny an
application for renewal for listing or registration for a family home or
shall revoke a family home's listing or registration if the results of a
background or criminal history check conducted by the department under
Section 42.057 show that  a person has been convicted of an offense under
Title 5 or 6, Penal Code or Chapter 42, Penal Code. 

(b)Adds a new Subsection 42.0725(b) giving DPRS authority to adopt rules
for the denial of an application or renewal for listing or registering a
family home or allowing the revocation of a listing or registration based
on the results of a background or criminal history check. 

SECTION 15.Amends Section 42.073, Human Resources Code. Adds "OR FAMILY
HOME" to the heading of Section 42.073, Human Resources Code. 

Amends Section 42.073(a) to make conforming changes to the provision for
emergency suspension and closure of a facility by adding listed and
registered family homes to the categories of operations that DPRS may take
action against for violations of law or rules. 

Amends Section 42.073(b) to make conforming changes by adding listed and
registered family  homes to the provision that an order suspending a
license or closing a facility is immediately effective on the date that
the holder receives written notice or on a later date specified. 

Amends Section 42.073(d) to make conforming changes by adding listed and
registered family homes to the provision that suspension of a license and
the closure of a facility and the appeal from that action are governed by
the procedures for a contested case hearing under Chapter 2001, Government
Code. 

SECTION 16.Amends Sections 42.074(a) and (c), Human Resources Code.

(a)Makes conforming changes to the provision for injunctive relief by
adding listed and registered family homes to the categories of operations
that DPRS may enjoin for violations of law or rules. 

(c)Makes conforming changes to the provision for inductive relief or
recovery of  civil penalties by adding family homes.  

SECTION 17.Amends Section 42.075(a), Human Resources Code, to make
conforming changes to the provision for civil penalties by adding listed
and registered family homes to the categories of operations that DPRS may
seek penalties against for violations of law or rules. 

SECTION 18.Amends Sections 42.076(b) and (c), Human Resource Code.

(b)Adds the offense of a Class B misdemeanor for operating a family home
without a listing or registration.  

(c)Adds the offense of a Class C misdemeanor for placing a public
advertisement for an unlisted or unregistered family home. Deletes the
offense of a Class C misdemeanor for advertising a registered family home
without the language required in Section 42.052(f), Human Resources Code. 

SECTION 19.Amends Sections 42.077(a), (b) and (d), Human Resources Code,
to make conforming changes to the provision for notice of actions against
a facility by adding listed and registered family homes to the categories
of operations about which DPRS must provide notice of actions being taken
against the facility. 

Adds a new Section 42.077(e) which requires DPRS to publish the notice
regarding revocation or suspension of a license, listing, or registration
under Subsection (a) in both English and Spanish when the most recent
federal census show that more than one-half of the population in a
municipality or in a commissioner's precinct in a county in which a family
home whose listing or registration has been revoked or suspended is
located is of Hispanic origin or Spanish-speaking,  

SECTION 20.Effective Date: September 1, 1997.

SECTION 21.Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1.Section 42.002(9), Human Resources Code. Changes the terminology
of the family home from "registered family home" to "family home." 

Deletes Section 42.002(10), Human Resources Code, which defined "listed
family home" as a home that provides child care at least four hours a day,
three or more days a week, for more than nine consecutive weeks in the
caretaker's own residence for not more than three children excluding
children related to the caretaker.  Homes that care exclusively for any
number of children related to the caretaker are excluded from the
requirement of listing. 

Deletes the renumbering of Sections 42.002 (11) through (16), therefore
returning these sections to the original numbering of Sections 42.002 (10)
through (15). Deletes Sections 42.002 (10) through (15) from the C.S.H.B.
155  since there are no longer any changes to these sections.  

Renumbers Section (16) to Section (17) and adds great-grandchildren and
first cousins to the definition of  "children related to the caretaker." 

Deletes Section (18) which defined "department" as the Department of
Protective and Regulatory Services. 

 SECTION 2.Section 42.041(b), Human Resources Code:

Adds Subsection (7) which changes the name of the Central Education Agency
to the Texas Education Agency to reflect the proper name for the Texas
Education Agency. 

Adds Subsection (9) which changes the name of the Central Education Agency
to the Texas Education Agency to reflect the proper name for the Texas
Education Agency. 

Adds Subsection (13) which changes the reference of Section 35.05 Family
Code to Section 32.201 Family Code to reflect the appropriate reference in
the Family Code. Deletes "or" after the semicolon. 
 
Adds Subsection (14) which replaces the period after Texas Youth
Commission to a semicolon.  This Subsection (14) was added by Acts 1995,
74th Leg., ch. 262, SECTION 54. 

Adds Subsection (15) which renumbers the prior Subsections (14) added by
Acts 1995, 74th Leg., ch. 847, SECTION 1 to Subsection (15). 

Adds Subsection (16) which renumbers the prior Subsection (15) to
Subsection (16).  

SECTION 3.Changes Subsections 42.042(e)(1), (2) and (5), Human Resources
Code, to add that "registered family home" in order to clarify that these
subsections apply to registered family homes as well as other child care
facilities. 

Adds Section 42.042(f), Human Resource Code, which is amended to replace
the term "facilities" with the term "services."  The Section now states
that in promulgating minimum standards for the provision of childcare
services, DPRS shall recognize the various categories of services,
including services for specialized care, and the various categories of
children and their particular needs.  Standards for child-care
institutions must require an intake study before a child is placed in an
institution.  The intake study may be conducted at a community mental
health and mental retardation center.  

Adds Section 42.042(g), Human Resources Code, which is amended to change
the term "child-caring" institution to "child-care" institution and
enumerates subsections for terms previously listed in a sentence.  Adds
foster group home to the list of facilities that may be treated
differently by DPRS when promulgating minimum standards. 

Adds Section 42.042(l), Human Resources Code,  which is amended to make
nonsubstantive changes to state that in promulgating minimum standards for
the regulation of family homes that register with DPRS, the standards must
address the minimum qualification, education, and training required of a
person who operates a family home registered with DPRS. 

SECTION 4.Section 42.044(b), Human Resources Code, is changed to provide
that the department must investigate a listed family home when abuse or
neglect complaint is received.  The standards of abuse and neglect are
defined in Chapter 261, Texas Family Code. 

Section 42.044(d), Human Resources Code,  is deleted since the language is
included in SECTION 4, Section 42.044(b), Human Resources Code, of
C.S.H.B. 155. 

Section 42.044(e) returns to Section 42.044(d) since Section 42.044(d) in
H.B. 155 as introduced was deleted from C.S.H.B. 155.  Section 42.044(e)
no longer exists and is not included in the C.S.H.B. 155. 

SECTION 6 of H.B. 155, as introduced, is renumbered to SECTION 7.

SECTION 6 of C.S.H.B. 155 is added to amend Section  42.047(a), Human
Resources Code, to require DPRS to offer consultation to listing and
registration holders in addition to potential applicants, applicants, and
certification holders about meeting and maintaining standards for
licensing, listing, registration and certification and achieving programs
of excellences in  child care. 

SECTION 7 of H.B. 155, as introduced, is renumbered to SECTION 8 of
C.S.H.B. 155. 
 
SECTION 7 of C.S.H.B. 155 is the same as SECTION 6 of H.B. 155, as
introduced, with no changes.   

SECTION 8 of H.B. 155, as introduced, is similar to SECTION 10 of C.S.H.B.
155 with changes. 

SECTION 8 of C.S.H.B. 155 is similar to SECTION 7 of H.B. 155, as
introduced with changes to the following Sections 42.052(c), (d), (e),
(f), and (g), (h), (i), (j) and (k). 

(c)Adds that the family home must provide care "for compensation"  for
three or fewer children excluding children not related to the caretaker
for at least four hours a day, three or more days a week, for more than
nine consecutive weeks in the caretaker's own residence to meet the
requirement to list with DPRS. Deletes the sentence that states that homes
that provide care for four or more children excluding children related to
the caretaker shall register with the division. Deletes the sentence that
states that a registration or listing remains valid until revoked or
surrendered.  Deletes the sentence that states that the operator of a
registered home must display the registration in a prominent plat at the
home.  Deletes the sentence that state that a person who provides care
exclusively for any number of children related to the caretaker is not
required to list or register with the department.  

(d)Adds a renumbered Section 42.052(d) which states that a family home
that provides care for four or more children, excluding the children who
are related to the caretaker, shall register with the DPRS. Adds language
which states that a person who provides care exclusively for any number of
children related to the caretaker is not required to list or register with
the department. 

(e)Adds a renumbered Section 42.052(e) which adds listing to the provision
that registrations remain valid until revoked or surrendered.   

(f)Deletes prior Section 42.052(f) from the Human Resources Code.  This
deleted Section 42.052(f) is the same as language in SECTION 9, Section
42.0522(a), Subchapter C, Human Resources Code of C.S.H.B. 155 with no
changes. 

Adds a new Section 42.052 (f) which adds listed to the provision that a
family home must comply with the department's rules and standards if
applicable to that category of child care. 

(g)Is renumbered from prior Section 42.052(e). There is no change.

(h)New Section 42.052(h) in H.B. 155, as introduced, is moved to Section
42.052(i) in C.S.H.B. 155.  Section 42.052(h)  in C.S.H.B. 155 is
renumbered from prior Section 42.052(g). There is no change. 

(i)New Section 42.052(i) in H.B. 155, as introduced, is moved to Section
42.052(j) in C.S.H.B. 155. 

Section 42.052(i) in C.S.H.B. 155 is similar to new Section 42.052(h) in
H.B. 155 as introduced, except that Section 42.052(i) in C.S.H.B. 155
deletes the word "REGULARLY"  in the sentence of the listing that states
"IT HAS NOT BEEN INSPECTED AND WILL NOT BE REGULARLY INSPECTED." and adds
the sentence which states that DPRS shall make rules to provide for a
sufficient period to allow operators of family homes to comply with the
listing requirement of this section. 

(j)New Section 42.052(j) in H.B. 155, as introduced, is not in Section
42.052 of C.S.H.B. 155. The text of this Section has been moved to SECTION
9, Section 42.0522(b), Subchapter C, Human Resources Code of C.S.H.B. 155
with one change.  

 Section 42.052(j) of C.S.H.B. 155 is the same as Section 42.052(i) of
H.B. 155, as introduced with no changes. 

(k)New Section 42.052(k) in H.B. 155, as introduced, is not in Section
42.052 of C.S.H.B. 155. The text of the new  Section 42.052(k) in H.B.
155, as introduced,  has been moved to SECTION 14, Section 42.0725(b),
Subchapter D, Human Resources Code, of C.S.H.B. 155 with no changes. 

Adds a new Section 42.052(k) which requires DPRS to issue a listing or
registration to a family home, as appropriate, in both English and Spanish
when the most recent federal census shows that more than one-half of the
population in a municipality or in a commissioner's precinct in a count in
which the family home is located is of Hispanic origin or
Spanish-speaking. 

SECTION 9 of H.B. 155, as introduced, is similar to SECTION 12 of C.S.H.B.
155 with changes. 

SECTION 9 of C.S.H.B. 155 adds  new Sections 42.0522(a) and (b) to
Subchapter C, Chapter 42, Human Resources Code.  

Section 42.0522(a) is the same as SECTION 7, Section 42.052(f), Human
Resources Code of H.B. 155, as introduced, with no changes.  

SECTION 9, Section 42.0522(b) of C.S.H.B. 155 is similar to SECTION 7,
Section 42.052(j) of H.B. 155, as introduced with one change. That change
is the deletion of the word "REGULARLY" from the sentence "IT HAS NOT BEEN
INSPECTED AND WILL NOT BE REGULARLY INSPECTED." 

SECTION 10 of H.B. 155, as introduced, is renumbered to SECTIONS 13, 15,
16, 17, and 18 of C.S.H.B. 155 with no substantive changes. The portion of
SECTION 10 of H.B. 155, as introduced, that is renumbered to SECTION 19
of C.S.H.B. 155 has one substantive change.  

SECTION 10 of C.S.H.B. 155 is the similar to  SECTION 8 of H.B. 155, as
introduced, with changes. 

The fee for listed homes is changed in Section 42.054(e), Human Resources
Code,  from $30 per year in H.B. 155, as introduced, to $20 per year in
C.S.H.B. 155.  

SECTION 10, Section 42.054(f) of H.B. 155, as introduced, is moved to
SECTION 11 of C.S.H.B. 155 with one minor nonsubstantive change. 

SECTION 11 of H.B. 155, as introduced, is renumbered to SECTION 20 of
C.S.H.B. 155 with no change. 

SECTION 11 of C.S.H.B. 155 is similar to  SECTION 8, of H.B. 155, as
introduced, with changes.  The one change is the addition of the phrase
"as appropriate."  

SECTION 12 OF H.B. 155, as introduced, is renumbered to SECTION 21 of
C.S.H.B. 155 with no changes. 

SECTION 12 of C.S.H.B. 155 is similar to SECTION 9 of H.B. 155, as
introduced with changes.  

One change is the addition of the requirement to provide a date of birth
for persons requiring background checks in Section 42.057(a)(1) and (2),
Human Resources Code. 

 The other change is the deletion of new Section 42.057(c), Human
Resources Code, which required that a cost recovery fee for background
checks be set by rulemaking of DPRS. 

SECTION 13 of C.S.H.B. 155 is renumbered from SECTION 10, Section 42.072
of H.B. 155, as introduced.  There are nonsubstantive changes only.  

SECTION 14.Adds Sections 42.0725(a) and (b) to Subchapter D, Chapter 42,
Human Resources Code 

Adds new Section 42.0725(a) which states that DPRS shall deny an
application for renewal for listing or registration for a family home or
shall revoke a family home's listing or registration if the results of a
background or criminal history check conducted by the department under
Section 42.057 show that  a person has been convicted of an offense under
Title 5 or 6, Penal Code or Chapter 42, Penal Code. 

Adds new Section 42.0725(b) which is the same as SECTION 7,  new Section
42.052(k) in H.B. 155, as introduced with no changes. 

SECTION 15 of C.S.H.B. 155 is renumbered from SECTION 10, Section 42.073
of H.B. 155, as introduced. There are nonsubstantive changes only. 

SECTION 16 of C.S.H.B. 155 is renumbered from SECTION 10, Section 42.074
of H.B. 155, as introduced.  There are nonsubstantive changes only.  

SECTION 17 of C.S.H.B. 155 is renumbered from SECTION 10, Section 42.075
of H.B. 155, as introduced.  There are nonsubstantive changes only. 

SECTION 18 of C.S.H.B. 155 is renumbered from SECTION 10, Section 42.074
of H.B. 155, as introduced.  There are nonsubstantive changes only. 

SECTION 19 of C.S.H.B. 155 is renumbered from SECTION 10, Section 42.077
of H.B. 155, as introduced.  There are nonsubstantive changes to Sections
42.077 (a), (b), (c), and (d).  Section 42.077(e) is added, which requires
DPRS to publish the notice regarding revocation or suspension of a
license, listing, or registration  under Subsection (a) in both English
and Spanish, when the most recent federal census show that more than
one-half of the population in a municipality or in a commissioner's
precinct in a county in which a family home whose listing or registration
has been revoked or suspended is located, is of Hispanic origin or
Spanish-speaking,  

SECTION 20 (a)  of C.S.H.B. 155 is renumbered from SECTION 11 of H.B. 155,
as introduced.  

SECTION 20 of C.S.H.B. 155 does not include the application clauses of
SECTION 11 (a) and (b) of H.B. 155, as introduced. 

SECTION 21 of C.S.H.B. 155 is renumbered from SECTION 12 of H.B. 155, as
introduced. There are no changes.