By Hupp H.B. No. 1759 76R1724 CLG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to licensing, certification, and verification requirements 1-3 for certain child-care facilities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 42, Human Resources Code, 1-6 is amended by adding Sections 42.0462, 42.0485, and 42.0536 to read 1-7 as follows: 1-8 Sec. 42.0462. CAPACITY RESTRICTIONS FOR CERTAIN CHILD-CARE 1-9 FACILITIES IN CERTAIN COUNTIES. (a) For each county with a 1-10 population of less than 20,000, the department by rule shall set a 1-11 limit on the total number of children residing in the county at a 1-12 foster home, foster group home, agency foster home, or agency 1-13 foster group home that is: 1-14 (1) licensed or required to be licensed by the 1-15 department; 1-16 (2) operating or proposing to be operated under a 1-17 certificate issued under Section 42.106; or 1-18 (3) verified by a child-placing agency under this 1-19 chapter. 1-20 (b) In adopting rules under this section, the department: 1-21 (1) shall ensure that the limit set under Subsection 1-22 (a) is proportional to the total population of the county; 1-23 (2) may not set the limit for a particular county 1-24 under Subsection (a) at fewer than five children; and 2-1 (3) shall consider the impact on the county of the 2-2 services provided by the facilities described by Subsection (a). 2-3 Sec. 42.0485. CAPACITY RESTRICTIONS FOR ISSUANCE OF LICENSE. 2-4 The department may not issue a license for the operation or 2-5 expansion of the capacity of a foster home, foster group home, 2-6 agency foster home, or agency foster group home if the limit set 2-7 under Section 42.0462 for the county in which the facility is 2-8 located would be exceeded by the facility's capacity. 2-9 Sec. 42.0536. PROHIBITED VERIFICATION OF CERTAIN AGENCY 2-10 FOSTER HOMES OR AGENCY FOSTER GROUP HOMES. A child-placing agency 2-11 may not verify an agency foster home or agency foster group home if 2-12 the limit set under Section 42.0462 for the county in which the 2-13 facility is located would be exceeded by the facility's capacity. 2-14 SECTION 2. Subchapter C, Chapter 42, Human Resources Code, 2-15 is amended by adding Section 42.0495 to read as follows: 2-16 Sec. 42.0495. OPERATION OF BRANCH OFFICES BY CHILD-PLACING 2-17 AGENCIES. (a) In this section, "branch office" means an office 2-18 used by one or more employees of a child-placing agency: 2-19 (1) that is located at a site other than the principal 2-20 place of business of the agency, as shown in the department 2-21 records; and 2-22 (2) at which active client records and other 2-23 information of the agency are maintained. 2-24 (b) A child-placing agency that is licensed or required to 2-25 be licensed under this chapter may not operate a branch office in a 2-26 county that is not contiguous to the county in which the principal 2-27 place of business of the agency is located without the approval of 3-1 the department. Before the department approves the proposed 3-2 operation of a branch office under this section, the child-placing 3-3 agency shall, at the agency's expense: 3-4 (1) conduct a public hearing on the proposed operation 3-5 in accordance with department rules after notifying the department 3-6 of the date, time, and location of the hearing; and 3-7 (2) publish notice of the hearing in a newspaper of 3-8 general circulation in the county in which the branch office is to 3-9 be located. 3-10 (c) The notice required by Subsection (b)(2) must be 3-11 published five times at least 14 days before the date of the public 3-12 hearing required by Subsection (b)(1) and must include: 3-13 (1) the name and address of the child-placing agency; 3-14 (2) the address at which the agency's branch office is 3-15 to be located; 3-16 (3) the date, time, and location of the public 3-17 hearing; 3-18 (4) the name, address, and telephone number of the 3-19 department as the licensing authority; and 3-20 (5) a statement informing the public that a person may 3-21 submit written comments to the department concerning the proposed 3-22 operation of the branch office instead of or in addition to 3-23 appearing at the public hearing. 3-24 (d) The department shall require a representative of the 3-25 department to attend the public hearing in an official capacity for 3-26 the purpose of receiving public comments on the proposed operation 3-27 of the branch office. 4-1 (e) Before approving the operation of a branch office under 4-2 this section, the department shall consider the impact on the 4-3 community of the proposed child-care services to be provided and 4-4 the effect on opportunities for social interaction for the children 4-5 proposed to be served by the agency through the branch office. The 4-6 department shall prohibit a child-placing agency from operating a 4-7 branch office under this section if the department determines that 4-8 granting the authorization would have a significant adverse impact 4-9 on the county and would limit opportunities for social interaction 4-10 for the children proposed to be served by the agency through the 4-11 proposed branch office. 4-12 SECTION 3. Section 42.106, Human Resources Code, is amended 4-13 by amending Subsection (a) and adding Subsection (d) to read as 4-14 follows: 4-15 (a) Except as provided by Subsection (d) and Section 4-16 42.105(b), the department shall issue a certificate to operate 4-17 under accreditation to a child-care facility or child-placing 4-18 agency that registers with the department under Section 42.104 if: 4-19 (1) the facility or agency submits all of the 4-20 information required by Section 42.104(a); 4-21 (2) the facility or agency remits any required 4-22 administrative fee under Section 42.104(b); and 4-23 (3) the department verifies that the facility or 4-24 agency is accredited by and in good standing with an approved 4-25 accreditation organization. 4-26 (d) The department may not issue or renew a certificate to 4-27 operate under accreditation to a foster home, foster group home, 5-1 agency foster home, or agency foster group home if the limit set 5-2 under Section 42.0462 for the county in which the facility is 5-3 located would be exceeded by the facility's capacity. 5-4 SECTION 4. Subchapter E, Chapter 42, Human Resources Code, 5-5 is amended by adding Section 42.112 to read as follows: 5-6 Sec. 42.112. OPERATION OF BRANCH OFFICES BY CHILD-PLACING 5-7 AGENCIES. (a) In this section, "branch office" has the meaning 5-8 assigned by Section 42.0495. 5-9 (b) A holder of a certificate issued under Section 42.106 to 5-10 operate a child-placing agency under this subchapter may not 5-11 operate a branch office in a county that is not contiguous to the 5-12 county in which the principal place of business of the agency is 5-13 located without the approval of the department. The certificate 5-14 holder and the department shall follow the procedures prescribed by 5-15 Section 42.0495 before the department may approve the proposed 5-16 operation of a branch office under this section. 5-17 SECTION 5. (a) Not later than January 1, 2000, the 5-18 Department of Protective and Regulatory Services shall adopt the 5-19 rules required by Section 42.0462, Human Resources Code, as added 5-20 by this Act. 5-21 (b) Except as provided by Subsection (c), the rules adopted 5-22 by the department under Section 42.0462, Human Resources Code, as 5-23 added by this Act, apply to a child-care facility that is being 5-24 operated before, on, or after the effective date of this Act. 5-25 (c) Notwithstanding Section 42.0462, Human Resources Code, 5-26 as added by this Act, the rules adopted under that section may not 5-27 require the relocation of a child residing in a child-care facility 6-1 subject to the rules immediately before the effective date of this 6-2 Act. 6-3 SECTION 6. Sections 42.0485 and 42.0536, Human Resources 6-4 Code, as added by this Act, and the changes in law made by this Act 6-5 to Section 42.106, Human Resources Code, apply only to an 6-6 application for the issuance of a license or the issuance or 6-7 renewal of a certificate or for authorization to expand capacity 6-8 under a license filed on or after the effective date of this Act. 6-9 An application filed before the effective date of this Act is 6-10 governed by the law in effect when the application was filed, and 6-11 the former law is continued in effect for that purpose. 6-12 SECTION 7. This Act takes effect September 1, 1999. 6-13 SECTION 8. The importance of this legislation and the 6-14 crowded condition of the calendars in both houses create an 6-15 emergency and an imperative public necessity that the 6-16 constitutional rule requiring bills to be read on three several 6-17 days in each house be suspended, and this rule is hereby suspended.