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A BILL TO BE ENTITLED
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AN ACT
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relating to licensing requirements of the Department of Family and |
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Protective Services for certain facilities and homes providing |
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child care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 42.041, Human Resources |
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Code, is amended to read as follows: |
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Sec. 42.041. REQUIRED LICENSE [OR ACCREDITATION]. |
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SECTION 2. 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; |
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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) [subject to Subsection (b-1),] an educational |
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facility that is accredited by the Texas Education Agency, the |
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Southern Association of Colleges and Schools, or an accreditation |
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body that is a member of the Texas Private School Accreditation |
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Commission and that operates primarily for educational purposes |
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for prekindergarten [in grades kindergarten] and above, a |
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before-school and [an] after-school program operated directly by an |
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accredited educational facility, or a before-school and [an] |
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after-school program operated by another entity under contract with |
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the educational facility, if the Texas Education Agency, the |
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Southern Association of Colleges and Schools, or the other |
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accreditation body, as applicable, has approved the curriculum |
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content of the before-school and after-school program operated |
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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) [subject to Subsection (b-1),] an educational |
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facility that is integral to and inseparable from its sponsoring |
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religious organization or an educational facility both of which do |
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not provide custodial care for more than two hours maximum per day, |
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and that offers an educational program [programs for children age
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four and above] in one or more of the following: prekindergarten |
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[preschool, kindergarten] through at least grade three, elementary |
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grades, 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, a juvenile facility |
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providing services solely for the Texas Youth Commission, or any |
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other correctional facility for children operated or regulated by |
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another state agency or by a 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; |
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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; or |
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(16) a food distribution program that: |
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(A) serves an evening meal to children two years |
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of age or older; and |
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(B) is operated by a nonprofit food bank in a |
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nonprofit, religious, or educational facility for not more than two |
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hours a day on regular business days. |
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SECTION 3. Section 42.041(b-1), Human Resources Code, is |
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repealed. |
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SECTION 4. This Act takes effect September 1, 2009. |