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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county to regulate and inspect |
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day-care centers and group day-care homes; providing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 234, Local Government Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. REGULATION OF DAY-CARE CENTERS AND GROUP DAY-CARE |
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HOMES LOCATED IN UNINCORPORATED AREAS |
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Sec. 234.051. DEFINITIONS. In this subchapter: |
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(1) "Day-care center" has the meaning assigned by |
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Section 42.002, Human Resources Code. |
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(2) "Group day-care home" has the meaning assigned by |
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Section 42.002, Human Resources Code. |
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Sec. 234.052. APPLICABILITY. This subchapter applies only |
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to a county with a population of 700,000 or more. |
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Sec. 234.053. COUNTY MAY REQUIRE CERTIFICATE. The |
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commissioners court of a county by order may require a day-care |
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center or group day-care home located in an unincorporated area of |
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the county to obtain a health and sanitation certificate from the |
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county. |
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Sec. 234.054. FACILITY INSPECTION FOR CERTIFICATE ISSUED BY |
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COUNTY. (a) A county health officer or official designated by the |
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commissioners court may conduct an inspection of a day-care center |
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or group day-care home before issuing a certificate under Section |
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234.053. |
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(b) The county may charge a fee to a day-care center or group |
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day-care home for an inspection conducted under this section in an |
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amount determined by the commissioners court to cover the cost of |
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the inspection. |
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Sec. 234.055. RULES. The commissioners court may adopt |
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rules as necessary to administer this subchapter. |
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Sec. 234.056. INJUNCTION. A district or county attorney may |
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bring suit to enjoin the operation of a day-care center or group |
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day-care home in violation of this subchapter or a rule or order |
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adopted by a county under this subchapter. |
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Sec. 234.057. OFFENSE. A person commits an offense if a |
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person violates a provision of this subchapter or a rule or order |
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adopted under this subchapter. An offense under this section is a |
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Class C misdemeanor. |
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SECTION 2. Chapter 234, Local Government Code, is amended |
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by adding Subchapter D to read as follows: |
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SUBCHAPTER D. COUNTY INSPECTION OF DAY-CARE CENTERS AND GROUP |
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DAY-CARE HOMES LOCATED IN MUNICIPALITIES |
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Sec. 234.071. DEFINITIONS. In this subchapter: |
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(1) "Day-care center" has the meaning assigned by |
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Section 42.002, Human Resources Code. |
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(2) "Group day-care home" has the meaning assigned by |
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Section 42.002, Human Resources Code. |
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Sec. 234.072. APPLICABILITY. This subchapter applies only |
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to a county with a population of 700,000 or more. |
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Sec. 234.073. FACILITY INSPECTION REQUIRED BY |
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MUNICIPALITY. A county health officer or official designated by |
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the commissioners court may contract with a municipality for the |
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county to conduct an inspection required by the municipality of a |
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day-care center or group day-care home located in the municipality. |
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SECTION 3. 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. |