H.B. No. 877
AN ACT
relating to certain complaints and information with respect to
certain child-care facilities and family homes and to procedures
for certain disciplinary actions against certain child-care
facilities; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.042(c), Human Resources Code, is
amended to read as follows:
(c) The department shall provide a standard procedure for
receiving and recording complaints. The executive commissioner
shall adopt rules regarding the receipt of anonymous complaints
made regarding child-care facilities and family homes to limit the
number of anonymous complaints investigated by the department.
SECTION 2. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Sections 42.0446 and 42.0447 to read as
follows:
Sec. 42.0446. REMOVAL OF CERTAIN INVESTIGATION INFORMATION
FROM INTERNET WEBSITE. The executive commissioner shall adopt
rules providing a procedure by which the department removes from
the department's Internet website information with respect to a
child-care facility or registered family home that relates to an
anonymous complaint alleging that the facility or family home
failed to comply with the department's minimum standards if, at the
conclusion of an investigation, the department determines that the
complaint is false or lacks factual foundation.
Sec. 42.0447. FALSE REPORT; CRIMINAL PENALTY. (a) A
person commits an offense if the person knowingly or intentionally
files a complaint alleging that a child-care facility or registered
family home failed to comply with the department's minimum
standards and the person knows the allegation is false or lacks
factual foundation.
(b) An offense under this section is a Class A misdemeanor
unless it is shown on the trial of the offense that the person has
previously been convicted under this section, in which case the
offense is a state jail felony.
SECTION 3. Section 42.072(b), Human Resources Code, is
amended to read as follows:
(b) If the department proposes to take an action under
Subsection (a), the person is entitled to a hearing conducted by the
State Office of Administrative Hearings. Proceedings for a
disciplinary action are governed by the administrative procedure
law, Chapter 2001, Government Code. An action under this section,
including a revocation of a person's license, is a contested case as
defined by Chapter 2001, Government Code, and is subject to
judicial review under the substantial evidence rule in accordance
with that chapter. Rules of practice adopted by the board under
Section 2001.004, Government Code, applicable to the proceedings
for a disciplinary action may not conflict with rules adopted by the
State Office of Administrative Hearings.
SECTION 4. Section 42.0446, Human Resources Code, as added
by this Act, applies to a complaint under Chapter 42, Human
Resources Code, with respect to a child-care facility or registered
family home that is pending on or filed on or after the effective
date of this Act.
SECTION 5. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 877 was passed by the House on April
29, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 877 was passed by the Senate on May
20, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor