| |
| |
| |
|
|
AN ACT
|
|
|
relating to an exemption for certain programs from the child-care |
|
|
licensing requirements. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 42.041(b), Human Resources Code, is |
|
|
amended to read as follows: |
|
|
(b) This section does not apply to: |
|
|
(1) a state-operated facility; |
|
|
(2) an agency foster home or agency foster group home; |
|
|
(3) a facility that is operated in connection with a |
|
|
shopping center, business, religious organization, or |
|
|
establishment where children are cared for during short periods |
|
|
while parents or persons responsible for the children are attending |
|
|
religious services, shopping, or engaging in other activities on or |
|
|
near the premises, including but not limited to retreats or classes |
|
|
for religious instruction; |
|
|
(4) a school or class for religious instruction that |
|
|
does not last longer than two weeks and is conducted by a religious |
|
|
organization during the summer months; |
|
|
(5) a youth camp licensed by the [Texas] Department of |
|
|
State Health Services; |
|
|
(6) a facility licensed, operated, certified, or |
|
|
registered by another state agency; |
|
|
(7) an educational facility accredited by the Texas |
|
|
Education Agency or the Southern Association of Colleges and |
|
|
Schools that operates primarily for educational purposes in grades |
|
|
kindergarten and above, an after-school program operated directly |
|
|
by an accredited educational facility, or an after-school program |
|
|
operated by another entity under contract with the educational |
|
|
facility, if the Texas Education Agency or Southern Association of |
|
|
Colleges and Schools has approved the curriculum content of the |
|
|
after-school program operated under the contract; |
|
|
(8) an educational facility that operates solely for |
|
|
educational purposes in grades kindergarten through at least grade |
|
|
two, that does not provide custodial care for more than one hour |
|
|
during the hours before or after the customary school day, and that |
|
|
is a member of an organization that promulgates, publishes, and |
|
|
requires compliance with health, safety, fire, and sanitation |
|
|
standards equal to standards required by state, municipal, and |
|
|
county codes; |
|
|
(9) a kindergarten or preschool educational program |
|
|
that is operated as part of a public school or a private school |
|
|
accredited by the Texas Education Agency, that offers educational |
|
|
programs through grade six, and that does not provide custodial |
|
|
care during the hours before or after the customary school day; |
|
|
(10) a family home, whether registered or listed; |
|
|
(11) an educational facility that is integral to and |
|
|
inseparable from its sponsoring religious organization or an |
|
|
educational facility both of which do not provide custodial care |
|
|
for more than two hours maximum per day, and that offers educational |
|
|
programs for children age five and above in one or more of the |
|
|
following: kindergarten through at least grade three, elementary, |
|
|
or secondary grades; |
|
|
(12) an emergency shelter facility providing shelter |
|
|
to minor mothers who are the sole support of their natural children |
|
|
under Section 32.201, Family Code, unless the facility would |
|
|
otherwise require a license as a child-care facility under this |
|
|
section; |
|
|
(13) a juvenile detention facility certified under |
|
|
Section 51.12, Family Code, or Section 141.042(d), a juvenile |
|
|
facility providing services solely for the Texas Youth Commission, |
|
|
or any other correctional facility for children operated or |
|
|
regulated by another state agency or by a political subdivision of |
|
|
the state; |
|
|
(14) an elementary-age (ages 5-13) recreation program |
|
|
operated by a municipality provided the governing body of the |
|
|
municipality annually adopts standards of care by ordinance after a |
|
|
public hearing for such programs, that such standards are provided |
|
|
to the parents of each program participant, and that the ordinances |
|
|
shall include, at a minimum, staffing ratios, minimum staff |
|
|
qualifications, minimum facility, health, and safety standards, |
|
|
and mechanisms for monitoring and enforcing the adopted local |
|
|
standards; and further provided that parents be informed that the |
|
|
program is not licensed by the state and the program may not be |
|
|
advertised as a child-care facility; [or] |
|
|
(15) an annual youth camp held in a municipality with a |
|
|
population of more than 1.5 million that operates for not more than |
|
|
three months and that has been operated for at least 10 years by a |
|
|
nonprofit organization that provides care for the homeless; or |
|
|
(16) a food distribution program that: |
|
|
(A) serves an evening meal to children two years |
|
|
of age or older; and |
|
|
(B) is operated by a nonprofit food bank in a |
|
|
nonprofit, religious, or educational facility for not more than two |
|
|
hours a day on regular business days. |
|
|
SECTION 2. This Act takes effect September 1, 2007. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 1786 was passed by the House on May |
|
|
10, 2007, by the following vote: Yeas 143, Nays 0, 2 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 1786 on May 25, 2007, by the following vote: Yeas 137, Nays 0, |
|
|
1 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 1786 was passed by the Senate, with |
|
|
amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |