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.