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A BILL TO BE ENTITLED
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AN ACT
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relating to the inspection and certification of certain juvenile |
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detention and correctional facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.12, Family Code, is amended by adding |
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Subsections (b-1), (c-1), and (m) and amending Subsections (c) and |
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(i) to read as follows: |
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(b-1) A pre-adjudication secure detention facility may be |
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operated only by: |
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(1) a governmental unit in this state as defined by |
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Section 101.001, Civil Practice and Remedies Code; or |
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(2) a private entity under a contract with a |
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governmental unit in this state. |
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(c) In each county, each judge of the juvenile court and a |
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majority of the members of the juvenile board shall personally |
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inspect all public or private [the] juvenile pre-adjudication |
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secure detention facilities [and any public or private juvenile
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secure correctional facilities used for post-adjudication
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confinement] that are located in the county [and operated under
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authority of the juvenile board] at least annually and shall |
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certify in writing to the authorities responsible for operating and |
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giving financial support to the facilities and to the Texas |
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Juvenile Probation Commission that the facilities [they] are |
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suitable or unsuitable for the detention of children. In |
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determining whether a facility is suitable or unsuitable for the |
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detention of children, the juvenile court judges and juvenile board |
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members shall consider: |
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(1) current monitoring and inspection reports and any |
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noncompliance citation reports issued by the Texas Juvenile |
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Probation Commission, including the report provided under |
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Subsection (c-1), and the status of any required corrective |
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actions; |
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(2) current governmental inspector certification |
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regarding the facility's compliance with local fire codes; |
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(3) current building inspector certification |
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regarding the facility's compliance with local building codes; |
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(4) for the 12-month period preceding the inspection, |
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the total number of allegations of abuse, neglect, or exploitation |
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reported by the facility and a summary of the findings of any |
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investigations of abuse, neglect, or exploitation conducted by the |
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facility, a local law enforcement agency, and the Texas Juvenile |
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Probation Commission; |
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(5) the availability of health and mental health |
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services provided to facility residents; |
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(6) the availability of educational services provided |
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to facility residents; and |
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(7) the overall physical appearance of the facility, |
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including the facility's security, maintenance, cleanliness, and |
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environment. |
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(c-1) The Texas Juvenile Probation Commission shall |
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annually inspect each public or private juvenile pre-adjudication |
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secure detention facility. The Texas Juvenile Probation Commission |
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shall provide a report to each juvenile court judge presiding in the |
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same county as an inspected facility indicating whether the |
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facility is suitable or unsuitable for the detention of children in |
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accordance with: |
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(1) the requirements of Subsections (a), (f), and (g); |
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and |
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(2) minimum professional standards for the detention |
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of children in pre-adjudication [or post-adjudication] secure |
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confinement promulgated by the Texas Juvenile Probation Commission |
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or, at the election of the juvenile board of the county in which the |
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facility is located, the current standards promulgated by the |
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American Correctional Association. |
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(i) Except for [a facility operated or certified by the
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Texas Youth Commission or] a facility as provided by Subsection |
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(l), a governmental unit or private entity that operates or |
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contracts for the operation of a juvenile pre-adjudication secure |
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detention facility under Subsection (b-1) [or a juvenile
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post-adjudication secure correctional facility] in this state |
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shall: |
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(1) register the facility annually with the Texas |
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Juvenile Probation Commission; and |
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(2) adhere to all applicable minimum standards for the |
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facility. |
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(m) The Texas Juvenile Probation Commission may deny, |
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suspend, or revoke the registration of any facility required to |
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register under Subsection (i) if the facility fails to: |
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(1) adhere to all applicable minimum standards for the |
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facility; or |
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(2) timely correct any notice of noncompliance with |
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minimum standards. |
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SECTION 2. Chapter 51, Family Code, is amended by adding |
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Section 51.125 to read as follows: |
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Sec. 51.125. POST-ADJUDICATION CORRECTIONAL FACILITIES. |
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(a) A post-adjudication secure correctional facility for juvenile |
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offenders may be operated only by: |
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(1) a governmental unit in this state as defined by |
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Section 101.001, Civil Practice and Remedies Code; or |
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(2) a private entity under a contract with a |
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governmental unit in this state. |
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(b) In each county, each judge of the juvenile court and a |
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majority of the members of the juvenile board shall personally |
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inspect all public or private juvenile post-adjudication secure |
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correctional facilities that are not operated by the Texas Youth |
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Commission and that are located in the county at least annually and |
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shall certify in writing to the authorities responsible for |
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operating and giving financial support to the facilities and to the |
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Texas Juvenile Probation Commission that the facility or facilities |
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are suitable or unsuitable for the detention of children. In |
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determining whether a facility is suitable or unsuitable for the |
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confinement of children, the juvenile court judges and juvenile |
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board members shall consider: |
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(1) current monitoring and inspection reports and any |
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noncompliance citation reports issued by the Texas Juvenile |
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Probation Commission, including the report provided under |
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Subsection (c), and the status of any required corrective actions; |
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and |
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(2) the other factors described under Sections |
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51.12(c)(2)-(7). |
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(c) The Texas Juvenile Probation Commission shall annually |
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inspect each public or private juvenile post-adjudication secure |
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correctional facility that is not operated by the Texas Youth |
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Commission. The Texas Juvenile Probation Commission shall provide |
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a report to each juvenile court judge presiding in the same county |
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as an inspected facility indicating whether the facility is |
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suitable or unsuitable for the detention of children in accordance |
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with minimum professional standards for the detention of children |
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in post-adjudication secure confinement promulgated by the Texas |
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Juvenile Probation Commission or, at the election of the juvenile |
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board of the county in which the facility is located, the current |
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standards promulgated by the American Correctional Association. |
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(d) A governmental unit or private entity that operates or |
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contracts for the operation of a juvenile post-adjudication secure |
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correctional facility in this state under Subsection (a), except |
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for a facility operated by or under contract with the Texas Youth |
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Commission, shall: |
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(1) register the facility annually with the Texas |
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Juvenile Probation Commission; and |
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(2) adhere to all applicable minimum standards for the |
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facility. |
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(e) The Texas Juvenile Probation Commission may deny, |
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suspend, or revoke the registration of any facility required to |
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register under Subsection (d) if the facility fails to: |
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(1) adhere to all applicable minimum standards for the |
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facility; or |
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(2) timely correct any notice of noncompliance with |
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minimum standards. |
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SECTION 3. Section 42.041(b), Human Resources Code, is |
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amended to read as follows: |
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(b) This section does not apply to: |
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(1) a state-operated facility; |
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(2) an agency foster home or agency foster group home; |
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(3) a facility that is operated in connection with a |
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shopping center, business, religious organization, or |
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establishment where children are cared for during short periods |
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while parents or persons responsible for the children are attending |
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religious services, shopping, or engaging in other activities on or |
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near the premises, including but not limited to retreats or classes |
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for religious instruction; |
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(4) a school or class for religious instruction that |
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does not last longer than two weeks and is conducted by a religious |
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organization during the summer months; |
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(5) a youth camp licensed by the Department of State |
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Health Services [Texas Department of Health]; |
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(6) a facility licensed, operated, certified, or |
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registered by another state agency; |
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(7) an educational facility accredited by the Texas |
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Education Agency or the Southern Association of Colleges and |
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Schools that operates primarily for educational purposes in grades |
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kindergarten and above, an after-school program operated directly |
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by an accredited educational facility, or an after-school program |
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operated by another entity under contract with the educational |
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facility, if the Texas Education Agency or Southern Association of |
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Colleges and Schools has approved the curriculum content of the |
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after-school program operated under the contract; |
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(8) an educational facility that operates solely for |
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educational purposes in grades kindergarten through at least grade |
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two, that does not provide custodial care for more than one hour |
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during the hours before or after the customary school day, and that |
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is a member of an organization that promulgates, publishes, and |
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requires compliance with health, safety, fire, and sanitation |
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standards equal to standards required by state, municipal, and |
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county codes; |
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(9) a kindergarten or preschool educational program |
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that is operated as part of a public school or a private school |
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accredited by the Texas Education Agency, that offers educational |
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programs through grade six, and that does not provide custodial |
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care during the hours before or after the customary school day; |
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(10) a family home, whether registered or listed; |
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(11) an educational facility that is integral to and |
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inseparable from its sponsoring religious organization or an |
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educational facility both of which do not provide custodial care |
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for more than two hours maximum per day, and that offers educational |
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programs for children age five and above in one or more of the |
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following: kindergarten through at least grade three, elementary, |
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or secondary grades; |
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(12) an emergency shelter facility providing shelter |
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to minor mothers who are the sole support of their natural children |
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under Section 32.201, Family Code, unless the facility would |
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otherwise require a license as a child-care facility under this |
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section; |
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(13) a juvenile detention facility certified under |
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Section 51.12, Family Code, a juvenile correctional facility |
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certified under Section 51.125, Family Code, [or Section
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141.042(d),] a juvenile facility providing services solely for the |
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Texas Youth Commission, or any other correctional facility for |
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children operated or regulated by another state agency or by a |
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political subdivision of the state; |
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(14) an elementary-age (ages 5-13) recreation program |
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operated by a municipality provided the governing body of the |
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municipality annually adopts standards of care by ordinance after a |
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public hearing for such programs, that such standards are provided |
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to the parents of each program participant, and that the ordinances |
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shall include, at a minimum, staffing ratios, minimum staff |
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qualifications, minimum facility, health, and safety standards, |
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and mechanisms for monitoring and enforcing the adopted local |
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standards; and further provided that parents be informed that the |
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program is not licensed by the state and the program may not be |
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advertised as a child-care facility; or |
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(15) an annual youth camp held in a municipality with a |
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population of more than 1.5 million that operates for not more than |
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three months and that has been operated for at least 10 years by a |
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nonprofit organization that provides care for the homeless. |
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SECTION 4. Section 42.052(h), Human Resources Code, is |
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amended to read as follows: |
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(h) The certification requirements of this section do not |
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apply to a juvenile detention facility certified under Section |
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51.12, Family Code, or a juvenile correctional facility certified |
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under Section 51.125, Family Code [or Section 141.042(d)]. |
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SECTION 5. Section 141.042(d), Human Resources Code, is |
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repealed. |
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SECTION 6. This Act takes effect September 1, 2007. |