Amend CSSB 758 as follows:
(1) In Subdivision (1), Subsection (a), SECTION 40 of the
bill (page 37, line 27), strike "Section 30" and substitute
"Section 39".
(2) In SECTION 42 of the bill (page 39, between lines 10 and
11), insert the following appropriately numbered subdivision and
renumber existing subdivisions of that section as appropriate:
(__) Section 42.0505, Human Resources Code;
(3) Add the following appropriately numbered SECTIONS to
the bill and renumber subsequent sections, and any references to
those sections, accordingly:
SECTION ____. Section 42.001, Human Resources Code, is
amended to read as follows:
Sec. 42.001. PURPOSE. The purpose of this chapter is to
protect the health, safety, and well-being of the children of the
state who reside in child-care facilities by establishing statewide
minimum standards for their safety and protection and by regulating
the facilities through a licensing program [or by requiring
child-care facilities to be regulated by alternative accreditation
bodies]. It is the policy of the state to ensure the protection of
all children under care in child-care facilities and to encourage
and assist in the improvement of child-care programs. It is also
the intent of the legislature that freedom of religion of all
citizens is inviolate. With respect to a school or child-care
facility sponsored by a religious organization, nothing in this
chapter gives a governmental agency authority to regulate, control,
supervise, or in any way be involved in the:
(1) form, manner, or content of religious instruction,
ministry, teaching, or the curriculum offered by the school or
facility;
(2) ability of the school or facility to select and
supervise qualified personnel, and otherwise control the terms of
employment, including the right to employ individuals who share the
religious views of the school or facility;
(3) internal self-governance and autonomy of the
school or facility; or
(4) religious environment of the school or facility,
such as symbols, art, icons, and scripture.
SECTION ____. Subsection (a), Section 42.0445, Human
Resources Code, is amended to read as follows:
(a) Before the department issues [or renews] a license,
listing, registration, or certification under this subchapter, the
department shall search the central registry of reported cases of
child abuse or neglect established under Section 261.002, Family
Code, to determine whether the applicant or the owner or an employee
of the facility or family home is listed in the registry as a person
who abused or neglected a child.
SECTION ____. Subsection (a), Section 42.0461, Human
Resources Code, is amended to read as follows:
(a) Before the department may issue a license [, other than
a renewal license,] or certificate to operate under Subchapter E
for the operation or the expansion of the capacity of a foster group
home or foster family home that is located in a county with a
population of less than 300,000 and that provides child care for 24
hours a day at a location other than the actual residence of a
child's primary caretaker or of a child care institution, the
applicant for the license, certificate, or expansion shall, at the
applicant's expense:
(1) conduct a public hearing on the application in
accordance with department rules after notifying the department of
the date, time, and location of the hearing; and
(2) publish notice of the application in a newspaper
of general circulation in the community in which the child-care
services are proposed to be provided.
SECTION ____. Subsection (e), Section 42.048, Human
Resources Code, is amended to read as follows:
(e) A license issued under this chapter is not transferable
and applies only to the operator and facility location stated in the
license application. Except as provided by this subsection, a [A]
change in location or ownership automatically revokes a license. A
change in location of a child-placing agency does not automatically
revoke the license to operate the child-placing agency.
SECTION ____. Section 42.0705, Human Resources Code, is
amended to read as follows:
Sec. 42.0705. RANGE OF PENALTIES. The department shall
revoke or [,] suspend [, or refuse to renew] a license or
registration, place on probation a person whose license or
registration has been suspended, or reprimand a license holder or
registration holder for a violation of this chapter or a rule of the
board. If a license or registration suspension is probated, the
department may require the license holder or registration holder
to:
(1) report regularly to the department on matters that
are the basis of the probation;
(2) limit services to the areas prescribed by the
department;
(3) continue or review professional education until
the license holder or registration holder attains a degree of skill
satisfactory to the department in those areas that are the basis of
the probation; or
(4) take corrective action relating to the violation
on which the probation is based.
SECTION ____. Subsection (a), Section 42.078, Human
Resources Code, is amended to read as follows:
(a) The department may impose an administrative penalty
against a facility or family home licensed or registered under this
chapter that violates this chapter or a rule or order adopted under
this chapter. In addition, the department may impose an
administrative penalty against a residential child-care facility
or a controlling person of a residential child-care facility if the
facility or controlling person:
(1) violates a term of a license or registration
issued under this chapter;
(2) makes a statement about a material fact that the
facility or person knows or should know is false:
(A) on an application for the issuance [or
renewal] of a license or registration or an attachment to the
application; or
(B) in response to a matter under investigation;
(3) refuses to allow a representative of the
department to inspect:
(A) a book, record, or file required to be
maintained by the facility; or
(B) any part of the premises of the facility;
(4) purposefully interferes with the work of a
representative of the department or the enforcement of this
chapter; or
(5) fails to pay a penalty assessed under this chapter
on or before the date the penalty is due, as determined under this
section.