By Wilson                                              H.B. No. 713
         77R4198 KKA-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 A, Title 3, Human Resources Code, is
 1-6     amended by adding Chapter 64 to read as follows:
 1-7                 CHAPTER 64.  RESIDENTIAL LIVING FACILITIES
 1-8                      SUBCHAPTER A.  GENERAL PROVISIONS
 1-9           Sec. 64.001.  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 64.002-64.010 reserved for expansion
1-15                      SUBCHAPTER B.  POWERS AND DUTIES
1-16           Sec. 64.011.  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 64.012.
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. 64.012.  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. 64.013.  FEES.  The department may charge a person or
2-17     estate liable for the support of the child a fee determined under a
2-18     sliding scale based on the person's ability to pay.
2-19           Sec. 64.014.  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, 2001.