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A BILL TO BE ENTITLED
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AN ACT
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relating to an exemption for certain facilities from the child-care |
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licensing requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 in |
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grades kindergarten and above, an after-school program operated |
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directly by an accredited educational facility, or an after-school |
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program operated by another entity under contract with the |
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educational facility, if the Texas Education Agency, the Southern |
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Association of Colleges and Schools, or the other accreditation |
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body, as applicable, 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: |
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(A) operates solely for educational purposes: |
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(i) in grades kindergarten through at least |
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grade two; or |
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(ii) using an internationally recognized |
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method for educating children in a prepared environment with mixed |
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age groups, in kindergarten through at least grade two and, at the |
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facility's option, in a preschool educational program for children |
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between 18 months of age and three years of age; |
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(B) [, that] does not provide custodial care for |
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more than one hour during the hours before or after the customary |
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school day;[,] and |
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(C) [that] is a member of an organization that |
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promulgates, publishes, and requires compliance with health, |
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safety, fire, and sanitation standards equal to standards required |
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by state, municipal, and 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 educational programs for children age four and |
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above in one or more of the following: preschool, kindergarten |
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through at least grade three, elementary, 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 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |