By Wilson                                              H.B. No. 167

      75R1947 SAW-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the establishment of residential living facilities for

 1-3     certain youth.

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

 1-5           SECTION 1.  Subtitle B, Title 3, Human Resources Code, is

 1-6     amended by adding Chapter 72 to read as follows:

 1-7                 CHAPTER 72.  RESIDENTIAL LIVING FACILITIES

 1-8                      SUBCHAPTER A.  GENERAL PROVISIONS

 1-9           Sec. 72.001.  DEFINITIONS.  In this chapter:

1-10                 (1)  "Department" means the Department of Protective

1-11     and Regulatory Services.

1-12                 (2)  "Facility" means a residential living facility

1-13     established under this chapter.

1-14               (Sections 72.002-72.010 reserved for expansion

1-15                      SUBCHAPTER B.  POWERS AND DUTIES

1-16           Sec. 72.011.  ESTABLISHMENT OF RESIDENTIAL LIVING FACILITIES.

1-17     (a)  The department shall establish or provide for the

1-18     establishment of residential living facilities for children who

1-19     qualify for services under Section 72.012.

1-20           (b)  The department may contract with another state agency or

1-21     a political subdivision of the state if necessary to establish or

1-22     provide for the establishment of a facility.

1-23           Sec. 72.012.  ELIGIBILITY.  (a)  Except as provided by

1-24     Subsection (b), to be eligible for admission to a facility, a child

 2-1     must be at least 12 weeks of age and:

 2-2                 (1)  must be separated from the child's parents because

 2-3     of:

 2-4                       (A)  a parent's incarceration; or

 2-5                       (B)  abuse or neglect by a parent; and

 2-6                 (2)  must be eligible for placement in a foster home.

 2-7           (b)  The director of the department may authorize the

 2-8     admission of other children under standards established by the

 2-9     director.

2-10           (c)  In deciding whether to admit a child, the department

2-11     shall emphasize:

2-12                 (1)  the need of the child for long-term services;

2-13                 (2)  the importance of keeping siblings together; and

2-14                 (3)  the desires of the child, if the child is of

2-15     sufficient age.

2-16           Sec. 72.013.  FEES.  The department may charge a person or

2-17     estate liable for the support of the child a fee that is scaled to

2-18     ability to pay.

2-19           Sec. 72.014.  STANDARDS AND INSPECTION.  (a)  The department

2-20     shall prescribe standards of operation and performance for a

2-21     facility established under this chapter.

2-22           (b)  At least annually, the department shall inspect a

2-23     facility established under this chapter.

2-24           SECTION 2.  This Act takes effect September 1, 1997.

2-25           SECTION 3.  The importance of this legislation and the

2-26     crowded condition of the calendars in both houses create an

2-27     emergency and an imperative public necessity that the

 3-1     constitutional rule requiring bills to be read on three several

 3-2     days in each house be suspended, and this rule is hereby suspended.