77R7739 SGA-D By Wohlgemuth, Naishtat H.B. No. 1178 Substitute the following for H.B. No. 1178: By Wohlgemuth C.S.H.B. No. 1178 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of child-care facilities and agencies. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 42.001, Human Resources Code, as amended 1-5 by Chapters 664 and 1063, Acts of the 75th Legislature, Regular 1-6 Session, 1997, is reenacted to read as follows: 1-7 Sec. 42.001. PURPOSE. The purpose of this chapter is to 1-8 protect the health, safety, and well-being of the children of the 1-9 state who reside in child-care facilities by establishing statewide 1-10 minimum standards for their safety and protection and by regulating 1-11 the facilities through a licensing program or by requiring 1-12 child-care facilities to be regulated by alternative accreditation 1-13 bodies. It is the policy of the state to ensure the protection of 1-14 all children under care in child-care facilities and to encourage 1-15 and assist in the improvement of child-care programs. It is also 1-16 the intent of the legislature that freedom of religion of all 1-17 citizens is inviolate. With respect to a school or child-care 1-18 facility sponsored by a religious organization, nothing in this 1-19 chapter gives a governmental agency authority to regulate, control, 1-20 supervise, or in any way be involved in the: 1-21 (1) form, manner, or content of religious instruction, 1-22 ministry, teaching, or the curriculum offered by the school or 1-23 facility; 1-24 (2) ability of the school or facility to select and 2-1 supervise qualified personnel, and otherwise control the terms of 2-2 employment, including the right to employ individuals who share the 2-3 religious views of the school or facility; 2-4 (3) internal self-governance and autonomy of the 2-5 school or facility; or 2-6 (4) religious environment of the school or facility, 2-7 such as symbols, art, icons, and scripture. 2-8 SECTION 2. Section 42.002(3), Human Resources Code, as 2-9 amended by Chapters 1022 and 1063, Acts of the 75th Legislature, 2-10 Regular Session, 1997, is reenacted to read as follows: 2-11 (3) "Child-care facility" means a facility licensed, 2-12 certified, or registered by the department to provide assessment, 2-13 care, training, education, custody, treatment, or supervision for a 2-14 child who is not related by blood, marriage, or adoption to the 2-15 owner or operator of the facility, for all or part of the 24-hour 2-16 day, whether or not the facility is operated for profit or charges 2-17 for the services it offers. 2-18 SECTION 3. Section 42.041(b), Human Resources Code, as 2-19 amended by Chapters 1063 and 1217, Acts of the 75th Legislature, 2-20 Regular Session, 1997, is reenacted to read as follows: 2-21 (b) This section does not apply to: 2-22 (1) a state-operated facility; 2-23 (2) an agency foster home or agency foster group home; 2-24 (3) a facility that is operated in connection with a 2-25 shopping center, business, religious organization, or establishment 2-26 where children are cared for during short periods while parents or 2-27 persons responsible for the children are attending religious 3-1 services, shopping, or engaging in other activities on or near the 3-2 premises, including but not limited to retreats or classes for 3-3 religious instruction; 3-4 (4) a school or class for religious instruction that 3-5 does not last longer than two weeks and is conducted by a religious 3-6 organization during the summer months; 3-7 (5) a youth camp licensed by the Texas Department of 3-8 Health; 3-9 (6) a facility licensed, operated, certified, or 3-10 registered by another state agency; 3-11 (7) an educational facility accredited by the Texas 3-12 Education Agency or the Southern Association of Colleges and 3-13 Schools that operates primarily for educational purposes in grades 3-14 kindergarten and above, an after-school program operated directly 3-15 by an accredited educational facility, or an after-school program 3-16 operated by another entity under contract with the educational 3-17 facility, if the Texas Education Agency or Southern Association of 3-18 Colleges and Schools has approved the curriculum content of the 3-19 after-school program operated under the contract; 3-20 (8) an educational facility that operates solely for 3-21 educational purposes in grades kindergarten through at least grade 3-22 two, that does not provide custodial care for more than one hour 3-23 during the hours before or after the customary school day, and that 3-24 is a member of an organization that promulgates, publishes, and 3-25 requires compliance with health, safety, fire, and sanitation 3-26 standards equal to standards required by state, municipal, and 3-27 county codes; 4-1 (9) a kindergarten or preschool educational program 4-2 that is operated as part of a public school or a private school 4-3 accredited by the Texas Education Agency, that offers educational 4-4 programs through grade six, and that does not provide custodial 4-5 care during the hours before or after the customary school day; 4-6 (10) a family home, whether registered or listed; 4-7 (11) an educational facility that is integral to and 4-8 inseparable from its sponsoring religious organization or an 4-9 educational facility both of which do not provide custodial care 4-10 for more than two hours maximum per day, and that offers 4-11 educational programs for children age five and above in one or more 4-12 of the following: kindergarten through at least grade three, 4-13 elementary, or secondary grades; 4-14 (12) an emergency shelter facility providing shelter 4-15 to minor mothers who are the sole support of their natural children 4-16 under Section 32.201, Family Code, unless the facility would 4-17 otherwise require a license as a child-care facility under this 4-18 section; 4-19 (13) a juvenile detention facility certified under 4-20 Section 51.12, Family Code, or Section 141.042(d), a juvenile 4-21 facility providing services solely for the Texas Youth Commission, 4-22 or any other correctional facility for children operated or 4-23 regulated by another state agency or by a political subdivision of 4-24 the state; 4-25 (14) an elementary-age (ages 5-13) recreation program 4-26 operated by a municipality provided the governing body of the 4-27 municipality annually adopts standards of care by ordinance after a 5-1 public hearing for such programs, that such standards are provided 5-2 to the parents of each program participant, and that the ordinances 5-3 shall include, at a minimum, staffing ratios, minimum staff 5-4 qualifications, minimum facility, health, and safety standards, and 5-5 mechanisms for monitoring and enforcing the adopted local 5-6 standards; and further provided that parents be informed that the 5-7 program is not licensed by the state and the program may not be 5-8 advertised as a child-care facility; or 5-9 (15) an annual youth camp held in a municipality with 5-10 a population of more than 1.5 million that operates for not more 5-11 than three months and that has been operated for at least 10 years 5-12 by a nonprofit organization that provides care for the homeless. 5-13 SECTION 4. Section 42.042(g), Human Resources Code, as 5-14 amended by Chapters 1063 and 1217, Acts of the 75th Legislature, 5-15 Regular Session, 1997, is reenacted to read as follows: 5-16 (g) In promulgating minimum standards the department may 5-17 recognize and treat differently the types of services provided by 5-18 the following: 5-19 (1) registered family homes; 5-20 (2) child-care facilities, including child-care 5-21 institutions, foster group homes, foster homes, group day-care 5-22 homes, and day-care centers; 5-23 (3) child-placing agencies; 5-24 (4) agency foster homes; and 5-25 (5) agency foster group homes. 5-26 SECTION 5. Section 42.044(c), Human Resources Code, as 5-27 amended by Chapters 1022 and 1063, Acts of the 75th Legislature, 6-1 Regular Session, 1997, is reenacted to read as follows: 6-2 (c) The department must investigate a facility regulated 6-3 under this chapter or a registered family home when a complaint is 6-4 received. The representative of the department must notify the 6-5 operator of a registered family home or the director or authorized 6-6 representative of a regulated facility when a complaint is being 6-7 investigated and report in writing the results of the investigation 6-8 to the family home's operator or to the regulated facility's 6-9 director or the director's authorized representative. 6-10 SECTION 6. Section 42.052(c), Human Resources Code, as 6-11 amended by Chapters 1022, 1063, and 1217, Acts of the 75th 6-12 Legislature, Regular Session, 1997, is reenacted to read as 6-13 follows: 6-14 (c) A family home that provides care for compensation for 6-15 three or fewer children, excluding children who are related to the 6-16 caretaker, shall list with the department if the home provides 6-17 regular care in the caretaker's own residence. The home may 6-18 register with the department. 6-19 SECTION 7. Section 42.052(f), Human Resources Code, as 6-20 amended by Chapters 1022, 1063, and 1217, Acts of the 75th 6-21 Legislature, Regular Session, 1997, is reenacted to read as 6-22 follows: 6-23 (f) To remain listed or registered with the department, a 6-24 family home must comply with the department's rules and standards, 6-25 if applicable, and any provision of this chapter that applies to a 6-26 listed or registered family home. 6-27 SECTION 8. Section 42.052(j), Human Resources Code, as added 7-1 by Chapter 1217, Acts of the 75th Legislature, Regular Session, 7-2 1997, is repealed. 7-3 SECTION 9. Section 42.057, Human Resources Code, as added by 7-4 Chapter 1022, Acts of the 75th Legislature, Regular Session, 1997, 7-5 is repealed. 7-6 SECTION 10. Section 42.057, Human Resources Code, as added by 7-7 Chapter 1217, Acts of the 75th Legislature, Regular Session, 1997, 7-8 is repealed. 7-9 SECTION 11. Section 42.072(d), Human Resources Code, as 7-10 amended by Chapters 1022, 1063, and 1217, Acts of the 75th 7-11 Legislature, Regular Session, 1997, is reenacted to read as 7-12 follows: 7-13 (d) The department by rule may provide for denial of an 7-14 application or renewal for a licensed facility or for listing or 7-15 registering a family home or may revoke a facility's license or a 7-16 family home's listing or registration based on findings of 7-17 background or criminal history as a result of a background or 7-18 criminal history check. 7-19 SECTION 12. This Act takes effect immediately if it receives 7-20 a vote of two-thirds of all the members elected to each house, as 7-21 provided by Section 39, Article III, Texas Constitution. If this 7-22 Act does not receive the vote necessary for immediate effect, this 7-23 Act takes effect September 1, 2001.