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.