1-1                                   AN ACT

 1-2     relating to the listing and registration of family homes; providing

 1-3     penalties.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 42.002, Human Resources Code, is amended

 1-6     by amending Subdivision (9) and adding Subdivision (16) to read as

 1-7     follows:

 1-8                 (9)  "Family home" means a home that regularly provides

 1-9     care in the caretaker's own residence for not more than six

1-10     children under 14 years of age, excluding [the caretaker's own]

1-11     children who are related to the caretaker, and that provides care

1-12     after school hours for not more than six additional elementary

1-13     school children, but the total number of children, including

1-14     children who are related to the caretaker [the caretaker's own],

1-15     does not exceed 12 at any given time.  The term does not include a

1-16     home that provides care exclusively for any number of children who

1-17     are related to the caretaker.

1-18                 (16)  "Children who are related to the caretaker" means

1-19     children who are the children, grandchildren, great-grandchildren,

1-20     first cousins, nieces, or nephews of the caretaker, whether by

1-21     affinity or consanguinity or as the result of a relationship

1-22     created by court decree.

1-23           SECTION 2.  Section 42.041(b), Human Resources Code, is

1-24     amended to read as follows:

 2-1           (b)  This section does not apply to:

 2-2                 (1)  a state-operated facility;

 2-3                 (2)  an agency home;

 2-4                 (3)  a facility that is operated in connection with a

 2-5     shopping center, business, religious organization, or establishment

 2-6     where children are cared for during short periods while parents or

 2-7     persons responsible for the children are attending religious

 2-8     services, shopping, or engaging in other activities on or near the

 2-9     premises, including but not limited to retreats or classes for

2-10     religious instruction;

2-11                 (4)  a school or class for religious instruction that

2-12     does not last longer than two weeks and is conducted by a religious

2-13     organization during the summer months;

2-14                 (5)  a youth camp licensed by the Texas Department of

2-15     Health;

2-16                 (6)  a hospital licensed by the Texas Department of

2-17     Mental Health and Mental Retardation or the Texas Department of

2-18     Health;

2-19                 (7)  an educational facility accredited by the Texas

2-20     [Central] Education Agency or the Southern Association of Colleges

2-21     and Schools that operates primarily for educational purposes in

2-22     grades kindergarten and above;

2-23                 (8)  an educational facility that operates solely for

2-24     educational purposes in grades kindergarten through at least grade

2-25     two, that does not provide custodial care for more than one hour

2-26     during the hours before or after the customary school day, and that

2-27     is a member of an organization that promulgates, publishes, and

 3-1     requires compliance with health, safety, fire, and sanitation

 3-2     standards equal to standards required by state, municipal, and

 3-3     county codes;

 3-4                 (9)  a kindergarten or preschool educational program

 3-5     that is operated as part of a public school or a private school

 3-6     accredited by the Texas [Central] Education Agency, that offers

 3-7     educational programs through grade six, and that does not provide

 3-8     custodial care during the hours before or after the customary

 3-9     school day;

3-10                 (10)  a family home, whether registered or listed

3-11     [not];

3-12                 (11)  an educational facility that is integral to and

3-13     inseparable from its sponsoring religious organization or an

3-14     educational facility both of which do not provide custodial care

3-15     for more than two hours maximum per day, and that offers

3-16     educational programs for children age five and above in one or more

3-17     of the following:  kindergarten through at least grade three,

3-18     elementary, or secondary grades;

3-19                 (12)  an agency group home;

3-20                 (13)  an emergency shelter facility providing shelter

3-21     to minor mothers who are the sole support of their natural children

3-22     under Section 32.201 [35.05], Family Code, unless the facility

3-23     would otherwise require a license as a child-care facility under

3-24     this section; [or]

3-25                 (14)  a juvenile detention facility certified under

3-26     Section 51.12, Family Code, or Section 141.042(d) or a juvenile

3-27     facility providing services solely for the Texas Youth

 4-1     Commission;[.]

 4-2                 (15) [(14)]  an elementary-age (ages 5-13) recreation

 4-3     program operated by a municipality provided the governing body of

 4-4     the municipality annually adopts standards of care by ordinance

 4-5     after a public hearing for such programs, that such standards are

 4-6     provided to the parents of each program participant, and that the

 4-7     ordinances shall include, at a minimum, staffing ratios, minimum

 4-8     staff qualifications, minimum facility, health, and safety

 4-9     standards, and mechanisms for monitoring and enforcing the adopted

4-10     local standards; and further provided that parents be informed that

4-11     the program is not licensed by the state and the program may not be

4-12     advertised as a child-care facility; or

4-13                 (16) [(15)]  an annual youth camp held in a

4-14     municipality with a population of more than 1.5 million that

4-15     operates for not more than three months and that has been operated

4-16     for at least 10 years by a nonprofit organization that provides

4-17     care for the homeless.

4-18           SECTION 3.  Sections 42.042(e), (f), (g), and (l), Human

4-19     Resources Code, are amended to read as follows:

4-20           (e)  The department shall promulgate minimum standards that

4-21     apply to licensed child-care facilities and to registered family

4-22     homes covered by this chapter and that will:

4-23                 (1)  promote the health, safety, and welfare of

4-24     children attending a facility or registered family home;

4-25                 (2)  promote safe, comfortable, and healthy physical

4-26     facilities and registered family homes for children;

4-27                 (3)  ensure adequate supervision of children by

 5-1     capable, qualified, and healthy personnel;

 5-2                 (4)  ensure adequate and healthy food service where

 5-3     food service is offered;

 5-4                 (5)  prohibit racial discrimination by child-care

 5-5     facilities and registered family homes; and

 5-6                 (6)  require procedures for parental and guardian

 5-7     consultation in the formulation of children's educational and

 5-8     therapeutic programs.

 5-9           (f)  In promulgating minimum standards for the provision of

5-10     child-care services [facilities], the department shall  recognize

5-11     the various categories of services [facilities], including services

5-12     for [facilities offering] specialized care, and the various

5-13     categories of children and their particular needs.  Standards for

5-14     child-care institutions must require an intake study before a child

5-15     is placed in an institution.  The intake study may be conducted at

5-16     a community mental health and mental retardation center.

5-17           (g)  In promulgating minimum standards the department may

5-18     recognize and treat differently the following [child-care

5-19     facilities]:

5-20                 (1)  child-care [child-caring] institutions;[,]

5-21                 (2)  foster group homes;

5-22                 (3)  foster homes;[,]

5-23                 (4)  day-care centers;[,]

5-24                 (5)  group day-care homes;[,]

5-25                 (6)  family day homes;[,]

5-26                 (7)  registered family homes;[,] and

5-27                 (8)  agency homes.

 6-1           (l)  In promulgating [The department shall adopt] minimum

 6-2     standards for the regulation of [regulating] family homes that

 6-3     register with the division, the department[.  The rules] must

 6-4     address the minimum qualifications, education, and training

 6-5     required of a person who operates a family home registered with the

 6-6     division.

 6-7           SECTION 4.  Section 42.044(b), Human Resources Code, is

 6-8     amended to read as follows:

 6-9           (b)  The division shall inspect all licensed or certified

6-10     facilities at least once a year and may inspect other facilities

6-11     and registered family homes as necessary.  The department shall

6-12     investigate a listed family home when the department receives a

6-13     complaint of abuse or neglect of a child, as defined by Section

6-14     261.001, Family Code.  At least one of the annual visits must be

6-15     unannounced and all may be unannounced.

6-16           SECTION 5.  Section 42.046, Human Resources Code, is amended

6-17     to read as follows:

6-18           Sec. 42.046.  [LICENSE] APPLICATION FOR LICENSE,

6-19     REGISTRATION, OR LISTING.  (a)  An applicant for a license to

6-20     operate a child-care facility or child-placing agency or for a

6-21     listing or registration to operate a family home shall submit to

6-22     the  division the appropriate fee prescribed by Section 42.054 of

6-23     this code and a completed application on a form provided by the

6-24     division.

6-25           (b)  The division shall supply the applicant the application

6-26     form and a copy of the appropriate minimum standards, if

6-27     applicable.

 7-1           (c)  After receiving an application, the division shall

 7-2     investigate the applicant and the plan of care for children, if

 7-3     applicable.

 7-4           (d)  The division shall complete the investigation and decide

 7-5     on an application within two months after the date the division

 7-6     receives an application.

 7-7           SECTION 6.  Section 42.047(a), Human Resources Code, is

 7-8     amended to read as follows:

 7-9           (a)  The department shall offer consultation to potential

7-10     applicants, applicants, and license, listing, registration, and

7-11     certification holders about meeting and maintaining standards for

7-12     licensing, listing, registration, and certification and achieving

7-13     programs of excellence in child care.

7-14           SECTION 7.  Section 42.0491(e), Human Resources Code, is

7-15     amended to read as follows:

7-16           (e)  This section does not apply to a group [or registered]

7-17     day care home or a listed or registered family home.

7-18           SECTION 8.  Section 42.052, Human Resources Code, is amended

7-19     to read as follows:

7-20           Sec. 42.052.  CERTIFICATION, LISTING, AND REGISTRATION.

7-21     (a)  A state-operated child-care facility or child-placing  agency

7-22     must receive certification of approval from the division.  The

7-23     certification of approval remains valid until revoked or

7-24     surrendered.

7-25           (b)  To be certified, a facility must comply with the

7-26     department's rules and standards and any provisions of this chapter

7-27     that apply to a licensed facility of the same category.  The

 8-1     operator of a certified facility must display the certification in

 8-2     a prominent place at the facility.

 8-3           (c)  A family home that provides care for compensation for

 8-4     three or fewer children, excluding [the caretaker's own] children

 8-5     who are related to the caretaker, shall list with the division if

 8-6     the home provides child care at least four hours a day, three or

 8-7     more days a week, for more than nine consecutive weeks in the

 8-8     caretaker's own residence.  The home may register with the

 8-9     division.

8-10           (d)  A family home that provides care for four or more

8-11     children, excluding [the caretaker's own] children who are related

8-12     to the caretaker, shall[, must] register with the division.  A

8-13     family home that provides care exclusively for any number of

8-14     children who are related to the caretaker is not required to be

8-15     listed or registered with the division.

8-16           (e)  A registration or listing remains valid until revoked or

8-17     surrendered.  The operator of a registered home must display the

8-18     registration in a prominent place at the home.

8-19           (f) [(d)]  To remain listed or registered with the division,

8-20     a family home must comply with the department's rules and

8-21     standards, if applicable,  and any provision of this chapter that

8-22     applies to a listed or registered family home.

8-23           (g) [(e)]  The certification requirements of this section do

8-24     not apply to a Texas Youth Council facility or a facility providing

8-25     services solely for the Texas Youth Council.

8-26           [(f)  A family home may not place a public advertisement that

8-27     uses the title "registered family home" or any variation of the

 9-1     phrase unless the home is registered with the division under this

 9-2     chapter.  Any public advertisement for a registered family home

 9-3     which uses the title "registered family home" must contain a

 9-4     provision in bold type stating:  "THIS HOME IS REGISTERED WITH THE

 9-5     DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES BUT IS NOT

 9-6     LICENSED OR INSPECTED."]

 9-7           (h) [(g)]  The certification requirements of this section do

 9-8     not apply to a juvenile detention facility certified under Section

 9-9     51.12, Family Code, or Section 141.042(d).

9-10           (i)  The division shall provide to a listed family home a

9-11     copy of the listing.  A listing must contain a provision that

9-12     states:  "THIS HOME IS A LISTED FAMILY HOME.  IT IS NOT LICENSED OR

9-13     REGISTERED WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY

9-14     SERVICES.  IT HAS NOT BEEN INSPECTED AND WILL NOT BE INSPECTED."

9-15     The operator of a listed home is not required to display the

9-16     listing in a prominent place at the home but shall make the listing

9-17     available for examination.  The department by rule shall provide

9-18     for a sufficient period to allow operators of family homes to

9-19     comply with the listing requirement of this section.

9-20           (j)  The operator of a listed family home shall undergo

9-21     initial and subsequent background and criminal history checks

9-22     required under Section 42.057.

9-23           (k)  The department shall issue a listing or registration to

9-24     a family home, as appropriate, in both English and Spanish when the

9-25     most recent federal census shows that more than one-half of the

9-26     population in a municipality or in a commissioners precinct in a

9-27     county in which the family home is located is of Hispanic origin or

 10-1    Spanish-speaking.

 10-2          SECTION 9.  Subchapter C, Chapter 42, Human Resources Code,

 10-3    is amended by adding Section 42.0522 to read as follows:

 10-4          Sec. 42.0522.  PUBLIC ADVERTISING OF FAMILY HOMES.  (a)  A

 10-5    family home may not place a public advertisement that uses the

 10-6    title "registered family home" or any variation of the phrase

 10-7    unless the home is registered with the division under this chapter.

 10-8    Any public advertisement for a registered family home that uses the

 10-9    title "registered family home" must contain a provision in bold

10-10    type stating:  "THIS HOME IS REGISTERED WITH THE DEPARTMENT OF

10-11    PROTECTIVE AND REGULATORY SERVICES BUT IS NOT LICENSED OR REGULARLY

10-12    INSPECTED."

10-13          (b)  A family home may not place a public advertisement that

10-14    uses the title "listed family home" or any variation of the phrase

10-15    unless the home is listed as provided by this chapter.  Any public

10-16    advertisement for a listed family home that uses the title "listed

10-17    family home" must contain a provision in bold type stating:  "THIS

10-18    HOME IS A LISTED FAMILY HOME.  IT IS NOT LICENSED OR REGISTERED

10-19    WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES.  IT HAS

10-20    NOT BEEN INSPECTED AND WILL NOT BE INSPECTED."

10-21          SECTION 10.  Section 42.054(e), Human Resources Code, as

10-22    added by Chapter 239, Acts of the 69th Legislature, Regular

10-23    Session, 1985, is amended to read as follows:

10-24          (e)  The division shall charge each family home that is

10-25    listed or registered with the division an annual [registration] fee

10-26    [of $35] to cover a part of the department's cost in regulating

10-27    family homes.  The amount of the fee is $20 for a listed home or

 11-1    $35 for a registered home.  The fee is due on the date on which the

 11-2    division initially lists or registers the home and on the

 11-3    anniversary of that date.

 11-4          SECTION 11.  Section 42.054(f), Human Resources Code, is

 11-5    amended to read as follows:

 11-6          (f)  If a facility, agency, or home fails to pay the annual

 11-7    [license or registration] fee when due, the license, listing, or

 11-8    registration, as appropriate, is suspended until the fee is paid.

 11-9          SECTION 12.  Subchapter C, Chapter 42, Human Resources Code,

11-10    is amended by adding Section 42.057 to read as follows:

11-11          Sec. 42.057.  REQUIRED BACKGROUND AND CRIMINAL HISTORY

11-12    CHECKS.  (a)  In accordance with rules adopted by the department,

11-13    the director, owner, or operator of a child-care facility or family

11-14    home shall:

11-15                (1)  when applying to operate a child-care facility or

11-16    when listing or registering a family home, submit to the department

11-17    for use in conducting background and criminal history checks:

11-18                      (A)  the name of the director, owner, and

11-19    operator of the facility or home and the name of each person

11-20    employed at the facility or home; and

11-21                      (B)  the name of each person 14 years of age or

11-22    older who will regularly or frequently be staying or working at the

11-23    facility or home while children are being provided care; and

11-24                (2)  after receiving a license, listing, registration,

11-25    or certification of approval, submit to the department for use in

11-26    conducting background and criminal history checks the name of any

11-27    person not submitted to the department under Subdivision (1) who:

 12-1                      (A)  becomes a director, owner, or operator of

 12-2    the facility or home;

 12-3                      (B)  is employed at the facility or home; or

 12-4                      (C)  is 14 years of age or older and regularly or

 12-5    frequently stays or works at the facility or home while children

 12-6    are being provided care.

 12-7          (b)  The department shall conduct background and criminal

 12-8    history checks using:

 12-9                (1)  the information provided under Subsection (a);

12-10                (2)  the information made available by the Department

12-11    of Public Safety under Section 411.114, Government Code, or by the

12-12    Federal Bureau of Investigation or other criminal justice agency

12-13    under Section 411.087, Government Code; and

12-14                (3)  the department's records of reported abuse and

12-15    neglect.

12-16          (c)  The department by rule shall require a child-care

12-17    facility or registered family home to pay to the department a fee

12-18    in an amount not to exceed the administrative costs the department

12-19    incurs in conducting a background and criminal history check under

12-20    this section.

12-21          SECTION 13.  Section 42.072, Human Resources Code, is amended

12-22    to read as follows:

12-23          Sec. 42.072.  LICENSE OR REGISTRATION DENIAL, SUSPENSION, OR

12-24    REVOCATION.  (a)  The department [division] may suspend, deny, [or]

12-25    revoke, or refuse to renew the license, listing, registration, or

12-26    certification of approval of a facility or family home that does

12-27    not comply with the requirements of this chapter, the standards and

 13-1    rules of the department, or the specific terms of the license,

 13-2    listing, registration, or certification.  The department may revoke

 13-3    the probation of a person whose license, listing, or registration

 13-4    is suspended if the person violates a term of the conditions of

 13-5    probation.

 13-6          (b)  If the department proposes to take an action under

 13-7    Subsection (a), the person is entitled to a hearing conducted by

 13-8    the State Office of Administrative Hearings.  Proceedings for a

 13-9    disciplinary action are governed by the administrative procedure

13-10    law, Chapter 2001, Government Code.  Rules of practice adopted by

13-11    the board under Section 2001.004, Government Code, applicable to

13-12    the proceedings for a disciplinary action may not conflict with

13-13    rules adopted by the State Office of Administrative Hearings.  [The

13-14    division shall notify the person operating or proposing to operate

13-15    a facility of the reasons for the denial or revocation and of the

13-16    person's right to appeal the decision within 30 days after

13-17    receiving the notice.]

13-18          (c)  [A person who wishes to appeal a license denial or

13-19    revocation shall notify the director by certified mail within 30

13-20    days after receiving the notice required in Subsection (b) of this

13-21    section.  The person shall send a copy of the notice of appeal to

13-22    the assigned division representative.]

13-23          [(d)  The denial or revocation of a license or certification

13-24    and the appeal from that action are governed by the procedure for a

13-25    contested case hearing under Chapter 2001, Government Code.]

13-26          [(e)  A person whose license has been denied or revoked may

13-27    challenge the decision by filing a suit in a district court of

 14-1    Travis County or the county in which the person's facility is

 14-2    located within 30 days after receiving the decision.  The trial

 14-3    shall be de novo.]

 14-4          [(f)  Records of the hearing shall be kept for two years

 14-5    after a decision is rendered.  On request, and at the person's own

 14-6    expense, the division shall supply a copy of the verbatim

 14-7    transcript of the hearing to a person appealing a license denial or

 14-8    revocation in district court.]

 14-9          [(g)  A person may continue to operate a facility during an

14-10    appeal of a license denial or revocation unless the division has

14-11    obtained injunctive relief under Section 42.074 or civil penalties

14-12    under Section 42.075 or the facility has been closed under Section

14-13    42.073.]

14-14          [(h)]  A person whose license, listing, registration, or

14-15    certification is revoked may not apply for any license, listing,

14-16    registration, or certification under this chapter before the second

14-17    anniversary of the date on which the revocation takes effect by

14-18    department or court order.

14-19          (d)  The department by rule may provide for denial of an

14-20    application or renewal for a licensed facility or for listing or

14-21    registering a family home or may revoke a facility's license or a

14-22    family home's listing or registration based on findings of

14-23    background or criminal history as a result of a background or

14-24    criminal history check.

14-25          SECTION 14.  Section 42.073, Human Resources Code, is amended

14-26    by amending the heading and Subsections (a) and (b) to read as

14-27    follows:

 15-1          Sec. 42.073.  EMERGENCY SUSPENSION AND CLOSURE OF A FACILITY

 15-2    OR FAMILY HOME.  (a)  The department [division] shall suspend a

 15-3    facility's license or a family home's listing or registration

 15-4    and[,] order the immediate closing of the facility or family home

 15-5    [, and place the children attending or residing in the facility

 15-6    elsewhere] if:

 15-7                (1)  the department [division] finds the facility or

 15-8    family home is operating in violation of the applicable standards

 15-9    prescribed by this chapter; and

15-10                (2)  the violation creates an immediate threat to the

15-11    health and safety of the children attending or residing in the

15-12    facility or family home.

15-13          (b)  An order suspending a license, listing, or registration

15-14    and an order closing a facility or family home under this section

15-15    is immediately effective on the date on which the [license] holder

15-16    of the license, listing, or registration receives written notice or

15-17    on a later date specified in the order.

15-18          SECTION 15.  Sections 42.074(a) and (c), Human Resources

15-19    Code, are amended to read as follows:

15-20          (a)  When it appears that a person has violated, is

15-21    violating, or is threatening to violate the licensing,

15-22    certification, listing, or registration requirements of this

15-23    chapter or the department's licensing, certification, listing, or

15-24    registration rules and standards, the division may file a suit in a

15-25    district court in Travis County or in the county where the facility

15-26    or family home is located for assessment and recovery of civil

15-27    penalties under Section 42.075 of this code, for injunctive relief,

 16-1    including a temporary restraining order, or for both injunctive

 16-2    relief and civil penalties.

 16-3          (c)  At the division's request, the attorney general or the

 16-4    county or district attorney of the county in which the facility or

 16-5    family home is located shall conduct a suit in the name of the

 16-6    State  of Texas for injunctive relief, to recover the civil

 16-7    penalty, or for both injunctive relief and civil penalties as

 16-8    authorized by Subsection (a) of this section.

 16-9          SECTION 16.  Section 42.075(a), Human Resources Code, is

16-10    amended to read as follows:

16-11          (a)  A person is subject to a civil penalty of not less than

16-12    $50 nor more than $100 for each day of violation and for each act

16-13    of violation if the person:

16-14                (1)  threatens serious harm to a child in a facility or

16-15    family home by violating a provision of this chapter or a

16-16    department rule or standard;

16-17                (2)  violates a provision of this chapter or a

16-18    department rule or standard three or more times within a 12-month

16-19    period; or

16-20                (3)  places a public advertisement for an unlicensed

16-21    facility or an unlisted or unregistered family home.

16-22          SECTION 17.  Section 42.076, Human Resources Code, is amended

16-23    to read as follows:

16-24          Sec. 42.076.  CRIMINAL PENALTIES.  (a)  A person who operates

16-25    a child-care facility or child-placing agency without a license

16-26    commits a Class B misdemeanor.

16-27          (b)  A person who operates a family home without a required

 17-1    listing or registration commits a Class B misdemeanor.

 17-2          (c)  A person who places a public advertisement for an

 17-3    unlicensed facility or an unlisted or unregistered family home

 17-4    commits a Class  C misdemeanor.

 17-5          [(c)  A person who places an advertisement for a registered

 17-6    family home in violation of Section 42.052(f) of this code commits

 17-7    a Class C misdemeanor.]

 17-8          (d)  It is not an offense under this section if a

 17-9    professional provides legal or medical services to:

17-10                (1)  a parent who identifies the prospective adoptive

17-11    parent and places the child for adoption without the assistance of

17-12    the professional; or

17-13                (2)  a prospective adoptive parent who identifies a

17-14    parent and receives placement of a child for adoption without

17-15    assistance of the professional.

17-16          SECTION 18.  Section 42.077, Human Resources Code, is amended

17-17    to read as follows:

17-18          Sec. 42.077.  NOTICE OF ACTION AGAINST FACILITY OR FAMILY

17-19    HOME.  (a)  If the department revokes or  suspends a facility's

17-20    license or a family home's listing or registration, the department

17-21    shall publish notice of this action in a newspaper of  general

17-22    circulation in the county in which the facility or home is located.

17-23    The newspaper shall place the notice in the section in which

17-24    advertisements for day-care services are normally published.

17-25          (b)  If a person who operates a facility or family home that

17-26    has had its license, listing, or registration revoked or  suspended

17-27    later applies for a new license, listing, or registration to

 18-1    operate the same facility or family home, the department shall

 18-2    charge the person an application fee in an amount necessary to

 18-3    reimburse the department for the cost of the notice relating to

 18-4    that facility or family home.

 18-5          (c)  The department shall pay for publication of the notice

 18-6    from funds appropriated to the department for licensing and

 18-7    regulating child-care facilities and from appeal and application

 18-8    fees collected under Subsection (b) of this section and

 18-9    appropriated to the department.

18-10          (d)  A facility or family home that has its license, listing,

18-11    or registration revoked or suspended shall mail notification  of

18-12    this action by certified mail to the parents or guardian of the

18-13    child served by the facility or family home.  The facility shall

18-14    mail the notification within five days of the effective date of the

18-15    [license] revocation or suspension of the license, listing, or

18-16    registration.

18-17          (e)  When the most recent federal census shows that more than

18-18    one-half of the population in a municipality or in a commissioners

18-19    precinct in a county in which a family home whose listing or

18-20    registration has been revoked or suspended is located is of

18-21    Hispanic origin or Spanish-speaking, the department shall publish

18-22    the notice under Subsection (a) in both English and Spanish.

18-23          SECTION 19.  This Act takes effect September 1, 1997.

18-24          SECTION 20.  The importance of this legislation and the

18-25    crowded condition of the calendars in both houses create an

18-26    emergency and an imperative public necessity that the

18-27    constitutional rule requiring bills to be read on three several

 19-1    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 155 was passed by the House on May 5,

         1997, by a non-record vote; and that the House concurred in Senate

         amendments to H.B. No. 155 on May 23, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 155 was passed by the Senate, with

         amendments, on May 21, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor