AN ACT
1-1 relating to the regulation of certain facilities, homes, and
1-2 agencies that provide child care and of child-care administrators;
1-3 providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading of Chapter 42, Human Resources Code,
1-6 is amended to read as follows:
1-7 CHAPTER 42. REGULATION OF CERTAIN [CHILD-CARE] FACILITIES,
1-8 HOMES, AND AGENCIES THAT PROVIDE CHILD-CARE SERVICES
1-9 SECTION 2. Section 42.001, Human Resources Code, is amended
1-10 to read as follows:
1-11 Sec. 42.001. PURPOSE. The purpose of this chapter is to
1-12 protect the health, safety, and well-being of the children of the
1-13 state who receive care outside their homes [reside in child-care
1-14 facilities] by establishing statewide minimum standards for their
1-15 safety and protection and by regulating the provision of certain
1-16 child-care services [facilities through a licensing program]. It
1-17 is the policy of the state to ensure the protection of all children
1-18 receiving child-care services [under care in child-care facilities]
1-19 and to encourage and assist in the improvement of child-care
1-20 programs. It is also the intent of the legislature that freedom of
1-21 religion of all citizens is inviolate, and nothing in this chapter
1-22 gives a governmental agency authority to regulate, control,
1-23 supervise, or in any way be involved in the form, manner, or
2-1 content of religious instruction or the curriculum of a school
2-2 sponsored by a religious organization.
2-3 SECTION 3. Section 42.002, Human Resources Code, is amended
2-4 to read as follows:
2-5 Sec. 42.002. DEFINITIONS. In this chapter:
2-6 (1) "Child" means a person under 18 years of age.
2-7 (2) "Division" means the division designated by the
2-8 department to carry out the provisions of this chapter.
2-9 (3) "Child-care facility" means a facility licensed,
2-10 certified, or registered by the department to provide assessment,
2-11 [that provides] care, training, education, custody, treatment, or
2-12 supervision for a child who is not related by blood, marriage, or
2-13 adoption to the owner or operator of the facility, for all or part
2-14 of the 24-hour day, whether or not the facility is operated for
2-15 profit or charges for the services it offers.
2-16 (4) "Child-care institution" means a child-care
2-17 facility that provides care for more than 12 children for 24 hours
2-18 a day, including facilities known as children's homes, halfway
2-19 houses, residential treatment centers [camps], emergency shelters,
2-20 and therapeutic camps [training or correctional schools for
2-21 children].
2-22 (5) "Foster group home" means a child-care facility
2-23 that provides care for 7 to 12 children for 24 hours a day.
2-24 (6) "Foster [family] home" means a child-care facility
2-25 that provides care for not more than six children for 24 hours a
3-1 day.
3-2 (7) "Day-care center" means a child-care facility that
3-3 provides care for more than 12 children under 14 years of age for
3-4 less than 24 hours a day.
3-5 (8) "Group day-care home" means a child-care facility
3-6 that provides care for 7 to 12 children under 14 years of age for
3-7 less than 24 hours a day.
3-8 (9) "Family home" means a home that [regularly]
3-9 provides regular care in the caretaker's own residence for not more
3-10 than six children under 14 years of age, excluding [the caretaker's
3-11 own] children who are related to the caretaker, and that provides
3-12 care after school hours for not more than six additional elementary
3-13 school children, but the total number of children, including
3-14 children who are related to the caretaker [the caretaker's own,]
3-15 does not exceed 12 at any given time. The term does not include a
3-16 home that provides care exclusively for any number of children who
3-17 are related to the caretaker.
3-18 (10) "Agency foster group home" means a facility that
3-19 provides care for seven to 12 children for 24 hours a day, [and] is
3-20 used only by a licensed child-placing agency, and meets department
3-21 standards.
3-22 (11) "Agency foster home" means a facility [private
3-23 home] that provides care for not more than six children for 24
3-24 hours a day, [that] is used only by a licensed child-placing
3-25 agency, and [that] meets department [division] standards.
4-1 (12) "Child-placing agency" means a person, including
4-2 an organization, other than the natural parents or guardian of a
4-3 child who plans for the placement of or places a child in a
4-4 child-care facility [an institution], agency foster home, agency
4-5 foster group home, or adoptive home.
4-6 (13) "Facilities" includes child-care facilities and
4-7 child-placing agencies.
4-8 (14) "State of Texas" or "state" does not include
4-9 political subdivisions of the state.
4-10 (15) "Religious organization" means a church,
4-11 synagogue, or other religious institution whose purpose is to
4-12 support and serve the propagation of truly held religious beliefs.
4-13 (16) "Children who are related to the caretaker" means
4-14 children who are the children, grandchildren, siblings,
4-15 great-grandchildren, nieces, or nephews of the caretaker, whether
4-16 by affinity or consanguinity or as the result of a relationship
4-17 created by court decree.
4-18 (17) "Regular care" means care that is provided at
4-19 least four hours a day, three or more days a week, for more than
4-20 nine consecutive weeks.
4-21 SECTION 4. Subsections (a) and (b), Section 42.021, Human
4-22 Resources Code, are amended to read as follows:
4-23 (a) The department may [shall] designate a division within
4-24 the department to [regulate and license child-care facilities and
4-25 child-placing agencies. The division shall enforce the provisions
5-1 of this chapter and the rules and standards adopted by the
5-2 department under this chapter and shall] carry out [other]
5-3 responsibilities the department may delegate or assign under this
5-4 chapter.
5-5 (b) The executive director of the department shall appoint
5-6 as director of a [the] division designated under Subsection (a) a
5-7 person who meets the qualifications set by the board[:]
5-8 [(1) meets the qualifications required of a child-care
5-9 administrator by Chapter 43;]
5-10 [(2) holds a graduate degree in social science or law
5-11 and has five years' administrative experience in a field related to
5-12 child care; or]
5-13 [(3) has 10 years' experience in a field related to
5-14 child care, at least 5 of which must be administrative].
5-15 SECTION 5. Subsections (d), (e), and (f), Section 42.022,
5-16 Human Resources Code, are amended to read as follows:
5-17 (d) The department [division] shall provide staff necessary
5-18 for the committee.
5-19 (e) The committee shall review rules and minimum standards
5-20 for child-care administrators, child-care facilities, and
5-21 child-placing agencies promulgated by state agencies, and shall
5-22 advise the department, [the division,] the council, and state
5-23 agencies on problems of child-care administrators, child-care
5-24 facilities, and child-placing agencies.
5-25 (f) The committee shall receive and review the annual report
6-1 of the department [division].
6-2 SECTION 6. Subsections (a) and (b), Section 42.023, Human
6-3 Resources Code, are amended to read as follows:
6-4 (a) The executive director shall prepare an annual written
6-5 report regarding the department's [division's] activities under
6-6 this chapter.
6-7 (b) The annual report shall include:
6-8 (1) a report by regions of applications for licensure
6-9 or certification, of provisional licenses issued, denied, or
6-10 revoked, of licenses issued, denied, suspended or revoked, of
6-11 emergency closures and injunctions, and of the compliance of
6-12 state-operated agencies with certification requirements;
6-13 (2) a summary of the amount and kind of in-service
6-14 training and other professional development opportunities provided
6-15 for department [division] staff;
6-16 (3) a summary of training and other professional
6-17 development opportunities offered to facilities' staffs; and
6-18 (4) a report of new administrative procedures, of the
6-19 number of staff and staff changes, and of plans for the coming
6-20 year.
6-21 SECTION 7. Chapter 42, Human Resources Code, is amended by
6-22 amending Subchapters C and D to read as follows:
6-23 SUBCHAPTER C. REGULATION OF CERTAIN [CHILD-CARE] FACILITIES,
6-24 HOMES, AND AGENCIES
6-25 Sec. 42.041. REQUIRED LICENSE. (a) No person may operate a
7-1 child-care facility or child-placing agency without a license
7-2 issued by the department [division].
7-3 (b) This section does not apply to:
7-4 (1) a state-operated facility;
7-5 (2) an agency foster home or agency foster group home;
7-6 (3) a facility that is operated in connection with a
7-7 shopping center, business, religious organization, or establishment
7-8 where children are cared for during short periods while parents or
7-9 persons responsible for the children are attending religious
7-10 services, shopping, or engaging in other activities on or near the
7-11 premises, including but not limited to retreats or classes for
7-12 religious instruction;
7-13 (4) a school or class for religious instruction that
7-14 does not last longer than two weeks and is conducted by a religious
7-15 organization during the summer months;
7-16 (5) a youth camp licensed by the Texas Department of
7-17 Health;
7-18 (6) a facility [hospital] licensed, operated,
7-19 certified, or registered by another state agency [the Texas
7-20 Department of Mental Health and Mental Retardation or the Texas
7-21 Department of Health];
7-22 (7) an educational facility accredited by the Texas
7-23 [Central] Education Agency or the Southern Association of Colleges
7-24 and Schools that operates primarily for educational purposes in
7-25 grades kindergarten and above, an after-school program operated
8-1 directly by an accredited educational facility, or an after-school
8-2 program operated by another entity under contract with the
8-3 educational facility, if the Texas Education Agency or Southern
8-4 Association of Colleges and Schools has approved the curriculum
8-5 content of the after-school program operated under the contract;
8-6 (8) an educational facility that operates solely for
8-7 educational purposes in grades kindergarten through at least grade
8-8 two, that does not provide custodial care for more than one hour
8-9 during the hours before or after the customary school day, and that
8-10 is a member of an organization that promulgates, publishes, and
8-11 requires compliance with health, safety, fire, and sanitation
8-12 standards equal to standards required by state, municipal, and
8-13 county codes;
8-14 (9) a kindergarten or preschool educational program
8-15 that is operated as part of a public school or a private school
8-16 accredited by the Texas [Central] Education Agency, that offers
8-17 educational programs through grade six, and that does not provide
8-18 custodial care during the hours before or after the customary
8-19 school day;
8-20 (10) a family home, whether registered or listed as
8-21 required by Section 42.052 or not;
8-22 (11) an educational facility that is integral to and
8-23 inseparable from its sponsoring religious organization or an
8-24 educational facility both of which do not provide custodial care
8-25 for more than two hours maximum per day, and that offers
9-1 educational programs for children age five and above in one or more
9-2 of the following: kindergarten through at least grade three,
9-3 elementary, or secondary grades;
9-4 (12) [an agency group home;]
9-5 [(13)] an emergency shelter facility providing shelter
9-6 to minor mothers who are the sole support of their natural children
9-7 under Section 32.201 [35.05], Family Code, unless the facility
9-8 would otherwise require a license as a child-care facility under
9-9 this section; [or]
9-10 (13) [(14)] a juvenile detention facility certified
9-11 under Section 51.12, Family Code, or Section 141.042(d), [or] a
9-12 juvenile facility providing services solely for the Texas Youth
9-13 Commission, or any other correctional facility for children
9-14 operated or regulated by another state agency or by a political
9-15 subdivision of the state;[.]
9-16 (14) an elementary-age (ages 5-13) recreation program
9-17 operated by a municipality provided the governing body of the
9-18 municipality annually adopts standards of care by ordinance after a
9-19 public hearing for such programs, that such standards are provided
9-20 to the parents of each program participant, and that the ordinances
9-21 shall include, at a minimum, staffing ratios, minimum staff
9-22 qualifications, minimum facility, health, and safety standards, and
9-23 mechanisms for monitoring and enforcing the adopted local
9-24 standards; and further provided that parents be informed that the
9-25 program is not licensed by the state and the program may not be
10-1 advertised as a child-care facility; or
10-2 (15) an annual youth camp held in a municipality with
10-3 a population of more than 1.5 million that operates for not more
10-4 than three months and that has been operated for at least 10 years
10-5 by a nonprofit organization that provides care for the homeless.
10-6 (c) A single license that lists addresses and the
10-7 appropriate facilities may be issued to a child-care institution
10-8 that operates noncontiguous facilities that are nearby and that are
10-9 demonstrably a single operation as indicated by patterns of
10-10 staffing, finance, administrative supervision, and programs.
10-11 (d) [A person operating or desiring to operate a child-care
10-12 facility that is exempt from the provisions of Subsection (a) of
10-13 this section may apply to the division for a license as provided in
10-14 Section 42.046 of this code. The division may not deny an exempt
10-15 facility a license on the ground that it is exempt from Subsection
10-16 (a) of this section.] A facility exempt from the provisions of
10-17 Subsection (a) of this section that desires to receive or
10-18 participate in federal or state funding shall be required to comply
10-19 with all other provisions of this chapter [Act] and with all
10-20 regulations promulgated under this chapter [thereunder].
10-21 (e) The exemptions provided by Subsection (b) of this
10-22 section do not affect the authority of local, regional, or state
10-23 health department officials, the state fire marshal, or local fire
10-24 prevention officials to inspect child-care facilities.
10-25 Sec. 42.042. RULES AND STANDARDS. (a) The department shall
11-1 make rules to carry out the provisions of this chapter.
11-2 (b) The department shall conduct a comprehensive review of
11-3 all rules and standards at least every six years. For purposes of
11-4 this subsection, the six-year period begins on the latest of the
11-5 date of:
11-6 (1) the conclusion of the review of the rules and
11-7 standards;
11-8 (2) a decision by the department not to revise the
11-9 rules and standards;
11-10 (3) a decision by the board not to revise the rules
11-11 and standards; or
11-12 (4) board action adopting new standards.
11-13 (c) The department shall provide a standard procedure for
11-14 receiving and recording complaints [and a standard form for
11-15 recording complaints].
11-16 (d) The department shall provide standard forms for
11-17 applications and inspection reports.
11-18 (e) The department shall promulgate minimum standards that
11-19 apply to licensed child-care facilities and to registered family
11-20 homes covered by this chapter and that will:
11-21 (1) promote the health, safety, and welfare of
11-22 children attending a facility or registered family home;
11-23 (2) promote safe, comfortable, and healthy physical
11-24 facilities and registered family homes for children;
11-25 (3) ensure adequate supervision of children by
12-1 capable, qualified, and healthy personnel;
12-2 (4) ensure adequate and healthy food service where
12-3 food service is offered;
12-4 (5) prohibit racial discrimination by child-care
12-5 facilities and registered family homes; [and]
12-6 (6) require procedures for parental and guardian
12-7 consultation in the formulation of children's educational and
12-8 therapeutic programs; and
12-9 (7) prevent the breakdown of foster care and adoptive
12-10 placement.
12-11 (f) In promulgating minimum standards for the provision of
12-12 child-care services [facilities], the department shall recognize
12-13 the various categories of services [facilities], including services
12-14 for [facilities offering] specialized care, [and] the various
12-15 categories of children and their particular needs, and the
12-16 differences in the organization and operation of child-care
12-17 facilities and institutions. Standards for child-care institutions
12-18 must require an intake study before a child is placed in an
12-19 institution. The intake study may be conducted at a community
12-20 mental health and mental retardation center.
12-21 (g) In promulgating minimum standards the department may
12-22 recognize and treat differently the types of services provided by
12-23 the following:
12-24 (1) registered family homes;
12-25 (2) child-care facilities, including child-care[:
13-1 child-caring] institutions, foster group homes, foster homes, group
13-2 day-care homes, and day-care centers;
13-3 (3) child-placing agencies;
13-4 (4) [, group day-care homes, family day homes,
13-5 registered family homes, and] agency foster homes; and
13-6 (5) agency foster group homes.
13-7 (h) The department shall promulgate minimum standards for
13-8 child-placing agencies.
13-9 (i) Before adopting minimum standards, the department
13-10 [division] shall present the proposed standards to the State
13-11 Advisory Committee on Child-Care Facilities for review and comment,
13-12 and shall send a copy of the proposed standards to each licensee
13-13 covered by the proposed standards at least 60 days before the
13-14 standards take effect to provide the licensee an opportunity to
13-15 review and to send written suggestions to the committee [council]
13-16 and the department.
13-17 (j) The department may waive compliance with a minimum
13-18 standard in a specific instance if it determines that the economic
13-19 impact of compliance is sufficiently great to make compliance
13-20 impractical.
13-21 (k) The department may not regulate or attempt to regulate
13-22 or control the content or method of any instruction or curriculum
13-23 of a school sponsored by a religious organization.
13-24 (l) In promulgating [The department shall adopt] minimum
13-25 standards for the regulation of [regulating] family homes that
14-1 register with the department, the department [division. The rules]
14-2 must address the minimum qualifications, education, and training
14-3 required of a person who operates a family home registered with the
14-4 department [division].
14-5 (m) [The department shall ensure that each child-care
14-6 facility that provides care for less than 24 hours a day complies
14-7 with the appropriate minimum standards relating to staff-child
14-8 ratios, group sizes, and square footage as those minimum standards
14-9 existed on September 1, 1985. The department may not enforce new
14-10 standards in relation to staff-child ratios, group sizes, or square
14-11 footage that are more stringent than the 1985 standards for those
14-12 facilities. This subsection expires September 1, 1997.]
14-13 [(n)] In determining minimum standards for nonresidential
14-14 child-care facilities that provide care for less than 24 hours a
14-15 day, the department shall, within available appropriations, conduct
14-16 a comprehensive cost-benefit analysis and economic impact study
14-17 that includes families and licensed child-care providers.
14-18 (n) [(o)] Not later than the 60th day before the date the
14-19 board adopts a revision to the minimum standards for child-care
14-20 facilities, the department shall present the revision to the
14-21 appropriate legislative oversight committees that have jurisdiction
14-22 over child-care facilities for review and comment.
14-23 Sec. 42.043. RULES FOR IMMUNIZATIONS. (a) The department
14-24 shall make rules for the immunization of children in [admitted to]
14-25 facilities regulated under this chapter.
15-1 (b) The department shall require that each child at an
15-2 appropriate age have a test for tuberculosis and be immunized
15-3 against diphtheria, tetanus, poliomyelitis, mumps, rubella, and
15-4 rubeola and against any other communicable disease as recommended
15-5 by the Texas Department of Health. The immunization must be
15-6 effective on the date of first entry into the facility. However, a
15-7 child may be provisionally admitted if the required immunizations
15-8 have begun and are completed as rapidly as medically feasible.
15-9 (c) The Texas Department of Health shall make rules for the
15-10 provisional admission of children to facilities regulated under
15-11 this chapter and may modify or delete any of the immunizations
15-12 listed in Subsection (b) of this section or require additional
15-13 immunizations as a requirement for admission to a facility.
15-14 (d) No immunization may be required for admission to a
15-15 facility regulated under this chapter if a person applying for a
15-16 child's admission submits one of the following affidavits:
15-17 (1) an affidavit signed by a licensed physician
15-18 stating that the immunization would be injurious to the health and
15-19 well-being of the child or a member of the child's family or
15-20 household; or
15-21 (2) an affidavit signed by the child's parent or
15-22 guardian stating that the immunization conflicts with the tenets
15-23 and practices of a recognized religious organization of which the
15-24 applicant is an adherent or a member.
15-25 (e) Each regulated facility shall keep an individual
16-1 immunization record for each child admitted, and the records shall
16-2 be open for inspection by the department [division] at all
16-3 reasonable times.
16-4 (f) The Texas Department of Health shall provide the
16-5 immunizations required by this section to children in areas where
16-6 there is no local provision of these services.
16-7 Sec. 42.044. INSPECTIONS. (a) An authorized representative
16-8 of the department [division] may visit a facility regulated under
16-9 this chapter or a registered family home during operating hours to
16-10 investigate, inspect, and evaluate.
16-11 (b) The department [division] shall inspect all licensed or
16-12 certified facilities at least once a year and may inspect other
16-13 facilities or registered family homes as necessary. The department
16-14 shall investigate a listed family home when the department receives
16-15 a complaint of abuse or neglect of a child, as defined by Section
16-16 261.001, Family Code. At least one of the annual visits must be
16-17 unannounced and all may be unannounced.
16-18 (c) The department [division] must investigate a facility
16-19 regulated under this chapter or a registered family home when a
16-20 complaint is received. The [division] representative of the
16-21 department must notify the operator of a registered family home or
16-22 the [facility's] director or authorized representative of a
16-23 regulated facility when a complaint is being investigated and
16-24 report in writing the results of the investigation to the family
16-25 home's operator or to the regulated facility's director or the
17-1 director's authorized representative.
17-2 (d) The department [division] may call on political
17-3 subdivisions and governmental agencies for assistance within their
17-4 authorized fields.
17-5 Sec. 42.045. RECORDS. (a) A person who operates a licensed
17-6 or certified facility shall maintain individual child development
17-7 records, individual health records, statistical records, and
17-8 complete financial records.
17-9 (b) A person who provides adoption services under a license
17-10 to operate [operates] a child-placing agency shall furnish
17-11 information required by the department to determine whether
17-12 adoption related income and disbursements are reasonable,
17-13 appropriate, and in compliance with the department's minimum
17-14 standards [have an annual audit by a certified public accountant of
17-15 the facility's books. The audit must include a statement of
17-16 income and disbursements].
17-17 (c) If a child-placing agency terminates operation as a
17-18 child-placing agency, it shall, after giving notice to the
17-19 department, transfer its files and records concerning adopted
17-20 children, their biological families, and their adoptive families to
17-21 the department or to a facility licensed by the department to place
17-22 children for adoption.
17-23 Sec. 42.046. [LICENSE] APPLICATION FOR LICENSE, LISTING, OR
17-24 REGISTRATION. (a) An applicant for a license to operate a
17-25 child-care facility or child-placing agency or for a listing or
18-1 registration to operate a family home shall submit to the
18-2 department [division] the appropriate fee prescribed by Section
18-3 42.054 of this code and a completed application on a form provided
18-4 by the department [division].
18-5 (b) The department [division] shall supply the applicant the
18-6 application form and a copy of the appropriate minimum standards,
18-7 if applicable.
18-8 (c) After receiving an application, the department
18-9 [division] shall investigate the applicant and the plan of care for
18-10 children, if applicable.
18-11 (d) The department [division] shall complete the
18-12 investigation and decide on an application within two months after
18-13 the date the department [division] receives a completed [an]
18-14 application.
18-15 Sec. 42.047. CONSULTATIONS. (a) The department shall offer
18-16 consultation to potential applicants, applicants, and license,
18-17 listing, registration, and certification holders about meeting and
18-18 maintaining standards for licensing, listing, registration, and
18-19 certification and achieving programs of excellence in child care.
18-20 (b) The department shall offer consultation to prospective
18-21 and actual users of facilities or homes.
18-22 [Sec. 42.048. ADVISORY OPINIONS. (a) The director of the
18-23 division may give an advisory opinion on whether or not a planned
18-24 facility or a planned change in an existing facility complies with
18-25 the division's rules and minimum standards.]
19-1 [(b) A written opinion authorized by Subsection (a) of this
19-2 section is binding on the division as a declaratory order if it is
19-3 signed by the division director and the division representative
19-4 administering this chapter in a division region, and if an
19-5 applicant or license holder has acted in reliance on the opinion.]
19-6 Sec. 42.048 [42.049]. LICENSING. (a) The department
19-7 [division] shall issue a license after determining that an
19-8 applicant has satisfied all requirements.
19-9 (b) When issuing a license, the department [division] may
19-10 impose restrictions on a facility, including but not limited to the
19-11 number of children to be served and the type of children to be
19-12 served.
19-13 (c) The department [division] may grant a variance of an
19-14 individual standard set forth in the applicable standards for good
19-15 and just cause.
19-16 (d) A license holder must display a license issued under
19-17 this chapter in a prominent place at the facility.
19-18 (e) A license issued under this chapter is not transferable
19-19 and applies only to the operator and facility location stated in
19-20 the license application. A change in location or ownership
19-21 automatically revokes a license.
19-22 (f) A license must be issued if the department [division]
19-23 determines that a facility meets all requirements. The evaluation
19-24 shall be based on one or more visits to the facility and a review
19-25 of required forms and records. A license is valid until revoked or
20-1 surrendered.
20-2 Sec. 42.049 [42.0491]. LIABILITY INSURANCE REQUIRED. (a) A
20-3 license holder shall maintain liability insurance coverage in the
20-4 amount of $300,000 for each occurrence of negligence. An insurance
20-5 policy or contract required under this section must cover injury to
20-6 a child that occurs while the child is on the premises of the
20-7 license holder or in the care of the license holder.
20-8 (b) A license holder shall file with the department
20-9 [division] a certificate or other evidence from an insurance
20-10 company showing that the license holder has an unexpired and
20-11 uncancelled insurance policy or contract that meets the
20-12 requirements of this section.
20-13 (c) Should the license holder for financial reasons or for
20-14 lack of availability of an underwriter willing to issue a policy be
20-15 unable to secure the insurance required under Subsection (a) or
20-16 should the policy limits be exhausted, the license holder shall
20-17 notify the parent or a person standing in parental relationship to
20-18 each child for whom the license holder provides care a written
20-19 notice that the liability coverage is not provided and there will
20-20 not be a ground for suspension or revocation of the license
20-21 holder's license under this chapter. The license holder shall also
20-22 notify the department that the coverage is not provided and provide
20-23 the reason for same. In no case shall the inability to secure
20-24 coverage serve to indemnify the license holder for damages due to
20-25 negligence.
21-1 (d) The insurance policy or contract shall be maintained at
21-2 all times in an amount as required by this section. Failure by a
21-3 license holder to renew the policy or contract or to maintain the
21-4 policy or contract in the required amount is a ground for
21-5 suspension or revocation of the license holder's license under this
21-6 chapter.
21-7 (e) This section does not apply to a group [or registered]
21-8 day-care [day care] home or a listed or registered family home.
21-9 Sec. 42.050. LICENSE RENEWAL. (a) A license holder may
21-10 apply for a new license in compliance with the requirements of this
21-11 chapter and the rules promulgated by the department [division].
21-12 (b) The application for a new license must be completed and
21-13 decided on by the department [division] before the expiration of
21-14 the license under which a facility is operating.
21-15 (c) The department [division] shall evaluate the application
21-16 for a new license to determine if all licensing requirements are
21-17 met. The evaluation may include a specified number of visits to
21-18 the facility and must include a review of all required forms and
21-19 records.
21-20 Sec. 42.051. PROVISIONAL LICENSE. (a) The department
21-21 [division] shall issue a provisional license when a facility's
21-22 plans meet the department's licensing requirements and one of the
21-23 following situations exists:
21-24 (1) the facility is not currently operating;
21-25 (2) the facility has relocated and has made changes in
22-1 the type of child-care service it provides; or
22-2 (3) there is a change in ownership of the facility
22-3 resulting in changes in policy and procedure or in the staff who
22-4 have direct contact with the children.
22-5 (b) A provisional license is valid for six months from the
22-6 date it is issued and may be renewed for an additional six months
22-7 [is not renewable].
22-8 Sec. 42.052. CERTIFICATION, LISTING, AND REGISTRATION.
22-9 (a) A state-operated child-care facility or child-placing agency
22-10 must receive certification of approval from the department
22-11 [division]. The certification of approval remains valid until
22-12 revoked or surrendered.
22-13 (b) To be certified, a facility must comply with the
22-14 department's rules and standards and any provisions of this chapter
22-15 that apply to a licensed facility of the same category. The
22-16 operator of a certified facility must display the certification in
22-17 a prominent place at the facility.
22-18 (c) A family home that provides care for compensation for
22-19 three or fewer children, excluding [the caretaker's own] children
22-20 who are related to the caretaker, shall list with the department if
22-21 the home provides regular care in the caretaker's own residence.
22-22 The home may register with the department [division].
22-23 (d) A family home that provides care for four or more
22-24 children, excluding [the caretaker's own] children who are related
22-25 to the caretaker, shall[, must] register with the department
23-1 [division]. A family home that provides care exclusively for any
23-2 number of children who are related to the caretaker is not required
23-3 to be listed or registered with the department.
23-4 (e) A registration or listing remains valid until revoked or
23-5 surrendered. The operator of a registered home must display the
23-6 registration in a prominent place at the home.
23-7 (f) [(d)] To remain listed or registered with the department
23-8 [division], a family home must comply with the department's rules
23-9 and standards, if applicable, and any provision of this chapter
23-10 that applies to a listed or registered family home.
23-11 (g) [(e)] The certification requirements of this section do
23-12 not apply to a Texas Youth Commission [Council] facility, a Texas
23-13 Juvenile Probation Commission facility, or a facility providing
23-14 services solely for the Texas Youth Commission [Council].
23-15 (h) [(f) A family home may not place a public advertisement
23-16 that uses the title "registered family home" or any variation of
23-17 the phrase unless the home is registered with the division under
23-18 this chapter. Any public advertisement for a registered family
23-19 home which uses the title "registered family home" must contain a
23-20 provision in bold type stating: "THIS HOME IS REGISTERED WITH THE
23-21 DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES BUT IS NOT
23-22 LICENSED OR INSPECTED."]
23-23 [(g)] The certification requirements of this section do not
23-24 apply to a juvenile detention facility certified under Section
23-25 51.12, Family Code, or Section 141.042(d).
24-1 (i) The department shall provide to a listed family home a
24-2 copy of the listing. A listing must contain a provision that
24-3 states: "THIS HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR
24-4 REGISTERED WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY
24-5 SERVICES. IT HAS NOT BEEN INSPECTED AND WILL NOT BE INSPECTED."
24-6 The operator of a listed home is not required to display the
24-7 listing in a prominent place at the home but shall make the listing
24-8 available for examination. The department by rule shall provide
24-9 for a sufficient period to allow operators of family homes to
24-10 comply with the listing requirement of this section.
24-11 (j) The operator of a listed family home shall undergo
24-12 initial and subsequent background and criminal history checks
24-13 required under Section 42.056.
24-14 (k) The department shall issue a listing or registration to
24-15 a family home, as appropriate, in both English and Spanish when the
24-16 most recent federal census shows that more than one-half of the
24-17 population in a municipality or in a commissioners precinct in a
24-18 county in which the family home is located is of Hispanic origin or
24-19 Spanish-speaking.
24-20 Sec. 42.0522. PUBLIC ADVERTISING OF FAMILY HOMES. (a) A
24-21 family home may not place a public advertisement that uses the
24-22 title "registered family home" or any variation of that phrase
24-23 unless the home is registered under this chapter. Any public
24-24 advertisement for a registered family home that uses the title
24-25 "registered family home" must contain a provision in bold type
25-1 stating: "THIS HOME IS REGISTERED WITH THE DEPARTMENT OF
25-2 PROTECTIVE AND REGULATORY SERVICES BUT IS NOT LICENSED OR REGULARLY
25-3 INSPECTED."
25-4 (b) A family home may not place a public advertisement that
25-5 uses the title "listed family home" or any variation of that phrase
25-6 unless the home is listed as provided by this chapter. Any public
25-7 advertisement for a listed family home that uses the title "listed
25-8 family home" must contain a provision in bold type stating: "THIS
25-9 HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED
25-10 WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES. IT HAS
25-11 NOT BEEN INSPECTED AND WILL NOT BE INSPECTED."
25-12 Sec. 42.053. AGENCY FOSTER HOMES AND AGENCY FOSTER GROUP
25-13 HOMES. (a) An agency foster home or agency foster group home is
25-14 considered part of the child-placing agency that operates the
25-15 agency foster home or agency foster group home for purposes of
25-16 licensing.
25-17 (b) The operator of a licensed agency shall display a copy
25-18 of the license in a prominent place in the agency foster home or
25-19 agency foster group home used by the agency.
25-20 (c) An agency foster home or agency foster group home shall
25-21 comply with all provisions of this chapter and all department rules
25-22 and standards that apply to a child-care facility caring for a
25-23 similar number of children for a similar number of hours each day.
25-24 (d) The department [division] shall revoke or suspend the
25-25 license of a child-placing agency if an agency foster home or
26-1 agency foster group home operated by the licensed agency fails to
26-2 comply with Subsection (c) of this section.
26-3 [Sec. 42.054. FEES. (a) The division shall charge a
26-4 nonrefundable application fee of $25 to an applicant for an initial
26-5 license to operate a child-care facility or child-placing agency.]
26-6 [(b) The division shall charge each child-care facility a
26-7 fee of $25 for a provisional license. The division shall charge
26-8 each child-placing agency a fee of $50 for a provisional license.]
26-9 [(c) The division shall charge each child-care facility an
26-10 annual license fee in the amount of $40 for each child-care
26-11 facility plus $1 for each child the child-care facility is
26-12 permitted to serve, except that the total fee may not exceed $150.
26-13 The fee is due on the date on which the division issues the
26-14 child-care facility's license and on the anniversary of that date.]
26-15 [(d) The division shall charge each child-placing agency an
26-16 annual license fee of $100. The fee is due on the date on which
26-17 the division issues the child-placing agency's license and on the
26-18 anniversary of that date.]
26-19 [(e) The division shall charge each registered family home
26-20 an annual registration fee of $15. The fee is due on the date on
26-21 which the division registers the home and on the anniversary of
26-22 that date.]
26-23 [(f) If a facility, agency, or home fails to pay the annual
26-24 license or registration fee when due, the license or registration
26-25 is suspended until the fee is paid.]
27-1 [(g) The provisions of Subsections (b) through (f) do not
27-2 apply to:]
27-3 [(1) licensed foster family homes and licensed foster
27-4 family group homes;]
27-5 [(2) nonprofit facilities regulated under this chapter
27-6 that provided 24-hour care for children in the managing
27-7 conservatorship of the department during the 12-month period
27-8 immediately prior to the anniversary date of the facility's
27-9 license.]
27-10 Sec. 42.054. FEES. (a) The department [division] shall
27-11 charge an applicant a nonrefundable application fee of $35 [to an
27-12 applicant] for an initial license to operate a child-care facility
27-13 or a child-placing agency.
27-14 (b) The department [division] shall charge each child-care
27-15 facility a fee of $35 for a provisional license. The department
27-16 [division] shall charge each child-placing agency a fee of $50 for
27-17 a provisional license.
27-18 (c) The department [division] shall charge each licensed
27-19 child-care facility an annual license fee in the amount of $35 [for
27-20 each child-care facility] plus $1 for each child the child-care
27-21 facility is permitted to serve. The fee is due on the date on
27-22 which the department [division] issues the child-care facility's
27-23 initial license and on the anniversary of that date.
27-24 (d) The department [division] shall charge each licensed
27-25 child-placing agency an annual license fee of $100. The fee is due
28-1 on the date on which the department [division] issues the
28-2 child-placing agency's initial license and on the anniversary of
28-3 that date.
28-4 (e) The department [division] shall charge each family home
28-5 that is listed or registered with the department [division] an
28-6 annual [registration] fee [of $35] to cover a part of the
28-7 department's cost in regulating family homes. The amount of the
28-8 fee is $20 for a listed home or $35 for a registered home. The fee
28-9 is due on the date on which the department initially lists or
28-10 [division] registers the home and on the anniversary of that date.
28-11 (f) If a facility, agency, or home fails to pay the annual
28-12 [license or registration] fee when due, the license, listing, or
28-13 registration, as appropriate, is suspended until the fee is paid.
28-14 (g) The provisions of Subsections (b) through (f) of this
28-15 section do not apply to:
28-16 (1) licensed foster [family] homes and licensed foster
28-17 [family] group homes;
28-18 (2) nonprofit facilities regulated under this chapter
28-19 that provided 24-hour care for children in the managing
28-20 conservatorship of the department during the 12-month period
28-21 immediately preceding the anniversary date of the facility's
28-22 license; or
28-23 (3) facilities operated by a nonprofit corporation or
28-24 foundation that provides 24-hour residential care and does not
28-25 charge for the care provided.
29-1 Sec. 42.055. [USE OF FEES. The child-care training fund is
29-2 established as a special fund in the state treasury, and the
29-3 division shall deposit fees received under this subchapter to the
29-4 credit of that fund. The child-care training fund may be used only
29-5 to provide programs of parent education and caretaker training
29-6 designed to ensure the health, safety, and well-being of children.
29-7 Up to three percent of the amount collected as fees under the
29-8 authority of this chapter may be used by the department for actual
29-9 costs of collecting the fees and administering the fund.]
29-10 [Sec. 42.056.] SIGN POSTING. (a) Each child-care [child
29-11 care] facility shall post in a location that is conspicuous to all
29-12 employees and customers a sign that includes:
29-13 (1) a description of the provisions of the [Chapter
29-14 34,] Family Code[,] relating to the duty to report child abuse or
29-15 neglect; and
29-16 (2) a description of the penalties for violating the
29-17 reporting provisions of the [Chapter 34,] Family Code.
29-18 (b) The department by rule shall determine the design, size,
29-19 and wording of the sign.
29-20 (c) The department shall provide the sign to each child-care
29-21 [child care] facility without charge.
29-22 (d) A person who operates a child-care [child care] facility
29-23 commits an offense if the department provides a sign to the
29-24 facility as provided by this section and the person intentionally
29-25 fails to display the sign in the facility as prescribed by this
30-1 section. An offense under this subsection is a Class C
30-2 misdemeanor.
30-3 Sec. 42.056. REQUIRED BACKGROUND AND CRIMINAL HISTORY
30-4 CHECKS. (a) In accordance with rules adopted by the department,
30-5 the director, owner, or operator of a child-care facility or family
30-6 home shall, when applying to operate a child-care facility or when
30-7 listing or registering a family home and at least once during each
30-8 24 months after receiving a license, listing, registration, or
30-9 certification of approval, submit to the department for use in
30-10 conducting background and criminal history checks:
30-11 (1) the name of the director, owner, and operator of
30-12 the facility or home, and the name of each person employed at the
30-13 facility or home; and
30-14 (2) the name of each person 14 years of age or older
30-15 who will regularly or frequently be staying or working at the
30-16 facility or home while children are being provided care.
30-17 (b) The department shall conduct background and criminal
30-18 history checks using:
30-19 (1) the information provided under Subsection (a);
30-20 (2) the information made available by the Department
30-21 of Public Safety under Section 411.114, Government Code, or by the
30-22 Federal Bureau of Investigation or other criminal justice agency
30-23 under Section 411.087, Government Code; and
30-24 (3) the department's records of reported abuse and
30-25 neglect.
31-1 (c) The department by rule shall require a child-care
31-2 facility or registered family home to pay to the department a fee
31-3 in an amount not to exceed the administrative costs the department
31-4 incurs in conducting a background and criminal history check under
31-5 this section.
31-6 SUBCHAPTER D. REMEDIES
31-7 Sec. 42.071. [LICENSE] SUSPENSION, EVALUATION, OR PROBATION
31-8 OF LICENSE OR REGISTRATION. (a) The department [division] may
31-9 suspend the license of a facility or the registration of a family
31-10 home that has temporarily ceased operation but has definite plans
31-11 for starting operations again within the time limits of the issued
31-12 license or registration.
31-13 (b) The department [division] may suspend a facility's
31-14 license or a family home's registration for a definite period
31-15 rather than deny or revoke the license or registration if the
31-16 department [division] finds repeated noncompliance with standards
31-17 that do not endanger the health and safety of children. To qualify
31-18 for license or registration suspension under this subsection, a
31-19 facility or family home must suspend its operations and show that
31-20 standards can be met within the suspension period.
31-21 (c) If the department [division] finds a facility or family
31-22 home is in repeated noncompliance with standards that do not
31-23 endanger the health and safety of children, the department
31-24 [division] may schedule the facility or family home for evaluation
31-25 or probation rather than suspend or revoke the facility's license
32-1 or the family home's registration. The department [division] shall
32-2 provide notice to the facility or family home of the evaluation or
32-3 probation and of the items of noncompliance not later than the 10th
32-4 day before the evaluation or probation period begins. The
32-5 department [division] shall designate a period of not less than 30
32-6 days during which the facility or family home will remain under
32-7 evaluation. During the evaluation or probation period, the
32-8 facility or family home must correct the items that were in
32-9 noncompliance and report the corrections to the department
32-10 [division] for approval.
32-11 (d) The department [division] shall revoke the license of a
32-12 facility or the registration of a family home that does not comply
32-13 with standards at the end of a license or registration suspension.
32-14 (e) The department [division] may suspend or revoke the
32-15 license of a facility or the registration of a family home that
32-16 does not correct items that were in noncompliance or that does not
32-17 comply with required standards within the applicable evaluation or
32-18 probation period.
32-19 Sec. 42.072. LICENSE, LISTING, OR REGISTRATION DENIAL,
32-20 SUSPENSION, OR REVOCATION. (a) The department [division] may
32-21 suspend, deny, [or] revoke, or refuse to renew the license,
32-22 listing, registration, or certification of approval of a facility
32-23 or family home that does not comply with the requirements of this
32-24 chapter, the standards and rules of the department, or the specific
32-25 terms of the license, listing, registration, or certification. The
33-1 department may revoke the probation of a person whose license,
33-2 listing, or registration is suspended if the person violates a term
33-3 of the conditions of probation.
33-4 (b) If the department proposes to take an action under
33-5 Subsection (a), the person is entitled to a hearing conducted by
33-6 the State Office of Administrative Hearings. Proceedings for a
33-7 disciplinary action are governed by the administrative procedure
33-8 law, Chapter 2001, Government Code. Rules of practice adopted by
33-9 the board under Section 2001.004, Government Code, applicable to
33-10 the proceedings for a disciplinary action may not conflict with
33-11 rules adopted by the State Office of Administrative Hearings.
33-12 (c) [The division shall notify the person operating or
33-13 proposing to operate a facility of the reasons for the denial or
33-14 revocation and of the person's right to appeal the decision within
33-15 30 days after receiving the notice.]
33-16 [(c) A person who wishes to appeal a license denial or
33-17 revocation shall notify the director by certified mail within 30
33-18 days after receiving the notice required in Subsection (b) of this
33-19 section. The person shall send a copy of the notice of appeal to
33-20 the assigned division representative.]
33-21 [(d) The denial or revocation of a license or certification
33-22 and the appeal from that action are governed by the procedure for a
33-23 contested case hearing under Chapter 2001, Government Code.]
33-24 [(e) A person whose license has been denied or revoked may
33-25 challenge the decision by filing a suit in a district court of
34-1 Travis County or the county in which the person's facility is
34-2 located within 30 days after receiving the decision. The trial
34-3 shall be de novo.]
34-4 [(f) Records of the hearing shall be kept for two years
34-5 after a decision is rendered. On request, and at the person's own
34-6 expense, the division shall supply a copy of the verbatim
34-7 transcript of the hearing to a person appealing a license denial or
34-8 revocation in district court.]
34-9 [(g) A person may continue to operate a facility during an
34-10 appeal of a license denial or revocation unless the division has
34-11 obtained injunctive relief under Section 42.074 or civil penalties
34-12 under Section 42.075 or the facility has been closed under Section
34-13 42.073.]
34-14 [(h)] A person whose license, listing, registration, or
34-15 certification is revoked may not apply for any license, listing,
34-16 registration, or certification under this chapter before the second
34-17 anniversary of the date on which the revocation takes effect by
34-18 department or court order.
34-19 (d) The department by rule may provide for denial of an
34-20 application or renewal for a licensed facility or for listing or
34-21 registering a family home or may revoke a facility's license or a
34-22 family home's listing or registration based on the results of a
34-23 background or criminal history check.
34-24 (e) A person may continue to operate a facility or family
34-25 home during an appeal of a license, listing, or registration denial
35-1 or revocation unless the revocation or denial is based on a
35-2 violation which poses a risk to the health or safety of children.
35-3 The department shall by rule establish the violations which pose a
35-4 risk to the health or safety of children. The department shall
35-5 notify the facility or family home of the violation which poses a
35-6 risk to health or safety and that the facility or family home may
35-7 not operate. A person who has been notified by the department that
35-8 the facility or home may not operate under this section may seek
35-9 injunctive relief from a district court in Travis County or in the
35-10 county in which the facility or home is located to allow operation
35-11 during the pendency of an appeal. The court may grant injunctive
35-12 relief against the agency's action only if the court finds that the
35-13 child-care operation does not pose a health or safety risk to
35-14 children. A court granting injunctive relief under this subsection
35-15 shall have no other jurisdiction over an appeal of final agency
35-16 action unless conferred by Chapter 2001, Government Code.
35-17 (f) The department shall deny an application or renewal for
35-18 listing or registering a family home or shall revoke a family
35-19 home's listing or registration if the results of a background or
35-20 criminal history check conducted by the department under Section
35-21 42.056 show that a person has been convicted of an offense under
35-22 Title 5 or 6, Penal Code, or Chapter 43, Penal Code.
35-23 Sec. 42.073. EMERGENCY SUSPENSION AND CLOSURE OF A FACILITY
35-24 OR FAMILY HOME. (a) The department [division] shall suspend a
35-25 facility's license or a family home's listing or registration
36-1 and[,] order the immediate closing of the facility or family home[,
36-2 and place the children attending or residing in the facility
36-3 elsewhere] if:
36-4 (1) the department [division] finds the facility or
36-5 family home is operating in violation of the applicable standards
36-6 prescribed by this chapter; and
36-7 (2) the violation creates an immediate threat to the
36-8 health and safety of the children attending or residing in the
36-9 facility or family home.
36-10 (b) An order suspending a license, listing, or registration
36-11 and an order closing a facility or family home under this section
36-12 is immediately effective on the date on which the [license] holder
36-13 of the license, listing, or registration receives written notice or
36-14 on a later date specified in the order.
36-15 (c) An order is valid for 10 days after the effective date
36-16 of the order.
36-17 [(d) The suspension of a license and the closure of the
36-18 facility and the appeal from that action are governed by the
36-19 procedures for a contested case hearing under Chapter 2001,
36-20 Government Code.]
36-21 Sec. 42.074. INJUNCTIVE RELIEF. (a) When it appears that a
36-22 person has violated, is violating, or is threatening to violate the
36-23 licensing, certification, listing, or registration requirements of
36-24 this chapter or the department's licensing, certification, listing,
36-25 or registration rules and standards, the department [division] may
37-1 file a suit in a district court in Travis County or in the county
37-2 where the facility or family home is located for assessment and
37-3 recovery of civil penalties under Section 42.075 [of this code],
37-4 for injunctive relief, including a temporary restraining order, or
37-5 for both injunctive relief and civil penalties.
37-6 (b) The district court shall grant the injunctive relief the
37-7 facts may warrant.
37-8 (c) At the department's [division's] request, the attorney
37-9 general or the county or district attorney of the county in which
37-10 the facility or family home is located shall conduct a suit in the
37-11 name of the State of Texas for injunctive relief, to recover the
37-12 civil penalty, or for both injunctive relief and civil penalties as
37-13 authorized by Subsection (a) [of this section].
37-14 (d) Injunctive relief provided by this section is in
37-15 addition to any other action, proceeding, or remedy authorized by
37-16 law. It is not necessary to allege or prove in an action filed
37-17 under this section that an adequate remedy at law does not exist or
37-18 that substantial or irreparable harm would result from the
37-19 continued violation.
37-20 (e) The department is not required to give an appeal bond in
37-21 an action arising under this section.
37-22 Sec. 42.075. CIVIL PENALTY. (a) A person is subject to a
37-23 civil penalty of not less than $50 nor more than $100 for each day
37-24 of violation and for each act of violation if the person:
37-25 (1) threatens serious harm to a child in a facility or
38-1 family home by violating a provision of this chapter or a
38-2 department rule or standard;
38-3 (2) violates a provision of this chapter or a
38-4 department rule or standard three or more times within a 12-month
38-5 period; or
38-6 (3) places a public advertisement for an unlicensed
38-7 facility or an unlisted or unregistered family home.
38-8 (b) The civil penalty authorized by this section is
38-9 cumulative and in addition to the criminal penalties and injunctive
38-10 relief provided by this chapter.
38-11 Sec. 42.076. CRIMINAL PENALTIES. (a) A person who operates
38-12 a child-care facility or child-placing agency without a license
38-13 commits a Class B misdemeanor.
38-14 (b) A person who operates a family home without a required
38-15 listing or registration commits a Class B misdemeanor.
38-16 (c) A person who places a public advertisement for an
38-17 unlicensed facility or an unlisted or unregistered family home
38-18 commits a Class C misdemeanor.
38-19 [(c) A person who places an advertisement for a registered
38-20 family home in violation of Section 42.052(f) of this code commits
38-21 a Class C misdemeanor.]
38-22 (d) It is not an offense under this section if a
38-23 professional provides legal or medical services to:
38-24 (1) a parent who identifies the prospective adoptive
38-25 parent and places the child for adoption without the assistance of
39-1 the professional; or
39-2 (2) a prospective adoptive parent who identifies a
39-3 parent and receives placement of a child for adoption without
39-4 assistance of the professional.
39-5 Sec. 42.077. NOTICE OF ACTION AGAINST FACILITY OR FAMILY
39-6 HOME. (a) If the department revokes or suspends a facility's
39-7 license or a family home's listing or registration, the department
39-8 shall publish notice of this action in a newspaper of general
39-9 circulation in the county in which the facility or family home is
39-10 located. The newspaper shall place the notice in the section in
39-11 which advertisements for day-care services are normally published.
39-12 (b) If a person who operates a facility or family home that
39-13 has had its license, listing, or registration revoked or suspended
39-14 later applies for a new license, listing, or registration to
39-15 operate the same facility or family home, the department shall
39-16 charge the person an application fee in an amount necessary to
39-17 reimburse the department for the cost of the notice relating to
39-18 that facility or family home.
39-19 (c) The department shall pay for publication of the notice
39-20 from funds appropriated to the department for licensing and
39-21 regulating child-care facilities and for listing, registering, and
39-22 regulating family homes and from appeal and application fees
39-23 collected under Subsection (b) [of this section] and appropriated
39-24 to the department.
39-25 (d) A facility or family home that has its license, listing,
40-1 or registration revoked or suspended shall mail notification of
40-2 this action by certified mail to the parents or guardian of the
40-3 child served by the facility or family home. The facility or
40-4 family home shall mail the notification within five days of the
40-5 effective date of the [license] revocation or suspension of the
40-6 license, listing, or registration.
40-7 (e) When the most recent federal census shows that more than
40-8 one-half of the population in a municipality or in a commissioners
40-9 precinct in a county in which a family home whose listing or
40-10 registration has been revoked or suspended is located is of
40-11 Hispanic origin or Spanish-speaking, the department shall publish
40-12 the notice under Subsection (a) in both English and Spanish.
40-13 SECTION 8. Section 43.012, Human Resources Code, is amended
40-14 to read as follows:
40-15 Sec. 43.012. PENALTY. A person who serves as a child-care
40-16 administrator without the license required by this chapter commits
40-17 a Class C misdemeanor [and may be fined not less than $50 nor more
40-18 than $100].
40-19 SECTION 9. Subdivision (5), Subsection (a), Section 481.134,
40-20 Health and Safety Code, is amended to read as follows:
40-21 (5) "School" means a private or public elementary or
40-22 secondary school or a day-care center, as defined by Section
40-23 42.002, Human Resources Code.
40-24 SECTION 10. Subsection (c), Section 46.11, Penal Code, is
40-25 amended to read as follows:
41-1 (c) In this section:
41-2 (1) "Institution[, "institution] of higher
41-3 education[,]" and "premises[,]" [and "school"] have the meanings
41-4 assigned by Section 481.134, Health and Safety Code.
41-5 (2) "School" means a private or public elementary or
41-6 secondary school.
41-7 SECTION 11. (a) This Act takes effect September 1, 1997.
41-8 (b) The change in law made by this Act applies only to an
41-9 offense committed on or after the effective date of this Act. For
41-10 purposes of this subsection, an offense is committed before the
41-11 effective date of this Act if any element of the offense occurs
41-12 before that date. An offense committed before the effective date
41-13 of this Act is covered by the law in effect when the offense was
41-14 committed, and the former law is continued in effect for that
41-15 purpose.
41-16 (c) The change in law made by this Act applies only to a
41-17 license or registration fee due to be paid on or after the
41-18 effective date of this Act. A license or registration fee due to
41-19 be paid before the effective date of this Act is governed by the
41-20 law in effect immediately before the effective date of this Act,
41-21 and that law is continued in effect for that purpose.
41-22 SECTION 12. The importance of this legislation and the
41-23 crowded condition of the calendars in both houses create an
41-24 emergency and an imperative public necessity that the
41-25 constitutional rule requiring bills to be read on three several
42-1 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1539 passed the Senate on
May 2, 1997, by a viva-voce vote; and that the Senate concurred in
House amendments on May 30, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1539 passed the House, with
amendments, on May 28, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor