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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, including
retreats or classes for religious instruction, on or near the premises,
that does not advertise as a child-care facility or day-care center, and
that informs parents that it is not licensed by the state;
(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 Department of State Health Services;
(6) a facility licensed,
operated, certified, or registered by another state agency;
(7) an educational facility
that is accredited by the Texas Education Agency, the Southern Association
of Colleges and Schools, or an accreditation body that is a member of the
Texas Private School Accreditation Commission and that operates primarily
for educational purposes for prekindergarten and above[, a before-school or after-school program
operated directly by an accredited educational facility, or a
before-school or after-school program operated by another entity under
contract with the educational facility, if the Texas Education Agency, the
Southern Association of Colleges and Schools, or the other accreditation
body, as applicable, has approved the curriculum content of the
before-school or after-school program operated under the contract];
(8) an educational facility
that operates solely for educational purposes for prekindergarten 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 an
educational program in one or more of the following: prekindergarten
through at least grade three, elementary grades, 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, a juvenile
correctional facility certified under Section 51.125, Family Code, a
juvenile facility providing services solely for the Texas Juvenile
Justice Department [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;
(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;
(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;
(17) a child-care facility
that operates for less than three consecutive weeks and less than 40 days
in a period of 12 months;
(18) a program:
(A) in which a child
receives direct instruction in a single skill, talent, ability, expertise,
or proficiency;
(B) that does not provide
services or offerings that are not directly related to the single talent,
ability, expertise, or proficiency;
(C) that does not advertise
or otherwise represent that the program is a child-care facility, day-care
center, or licensed before-school or after-school program or that the
program offers child-care services;
(D) that informs the parent
or guardian:
(i) that the program is not
licensed by the state; and
(ii) about the physical
risks a child may face while participating in the program; and
(E) that conducts background
checks for all program employees and volunteers who work with children in
the program using information that is obtained from the Department of
Public Safety;
(19) an elementary-age (ages
5-13) recreation program that:
(A) adopts standards of
care, including standards relating to staff ratios, staff training, health,
and safety;
(B) provides a mechanism for
monitoring and enforcing the standards and receiving complaints from
parents of enrolled children;
(C) does not advertise as or
otherwise represent the program as a child-care facility, day-care center,
or licensed before-school or after-school program or that the program
offers child-care services;
(D) informs parents that the
program is not licensed by the state;
(E) is organized as a
nonprofit organization or is located on the premises of a participant's
residence;
(F) does not accept any
remuneration other than a nominal annual membership fee;
(G) does not solicit
donations as compensation or payment for any good or service provided as
part of the program; and
(H) conducts background
checks for all program employees and volunteers who work with children in
the program using information that is obtained from the Department of
Public Safety;
(20) a living arrangement in
a caretaker's home involving one or more children or a sibling group,
excluding children who are related to the caretaker, in which the
caretaker:
(A) had a prior relationship
with the child or sibling group or other family members of the child or
sibling group;
(B) does not care for more
than one unrelated child or sibling group;
(C) does not receive
compensation or solicit donations for the care of the child or sibling
group; and
(D) has a written agreement
with the parent to care for the child or sibling group;
(21) a living arrangement in
a caretaker's home involving one or more children or a sibling group,
excluding children who are related to the caretaker, in which:
(A) the department is the
managing conservator of the child or sibling group;
(B) the department placed
the child or sibling group in the caretaker's home; and
(C) the caretaker had a
long-standing and significant relationship with the child or sibling group
before the child or sibling group was placed with the caretaker; [or]
(22) a living arrangement in
a caretaker's home involving one or more children or a sibling group,
excluding children who are related to the caretaker, in which the child is
in the United States on a time-limited visa under the sponsorship of the
caretaker or of a sponsoring organization; or
(23) a before-school or
after-school program, child care, or other extended day activity that is
provided directly by a public school without charging tuition or an
enrollment fee.
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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, including
retreats or classes for religious instruction, on or near the premises,
that does not advertise as a child-care facility or day-care center, and
that informs parents that it is not licensed by the state;
(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 Department of State Health Services;
(6) a facility licensed,
operated, certified, or registered by another state agency;
(7) an educational facility
that is accredited by the Texas Education Agency, the Southern Association
of Colleges and Schools, or an accreditation body that is a member of the
Texas Private School Accreditation Commission and that operates primarily
for educational purposes for prekindergarten and above, or a before-school
or after-school program operated directly by an accredited nonpublic
educational facility [, or a before-school or after-school
program operated by another entity under contract with the educational
facility, if the Texas Education Agency, the Southern Association of
Colleges and Schools, or the other accreditation body, as applicable, has
approved the curriculum content of the before-school or after-school
program operated under the contract];
(8) an educational facility
that operates solely for educational purposes for prekindergarten 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 an
educational program in one or more of the following: prekindergarten
through at least grade three, elementary grades, 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, a juvenile
correctional facility certified under Section 51.125, Family Code, a
juvenile facility providing services solely for the Texas Juvenile
Justice Department [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;
(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;
(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;
(17) a child-care facility
that operates for less than three consecutive weeks and less than 40 days
in a period of 12 months;
(18) a program:
(A) in which a child
receives direct instruction in a single skill, talent, ability, expertise,
or proficiency;
(B) that does not provide
services or offerings that are not directly related to the single talent,
ability, expertise, or proficiency;
(C) that does not advertise
or otherwise represent that the program is a child-care facility, day-care
center, or licensed before-school or after-school program or that the
program offers child-care services;
(D) that informs the parent
or guardian:
(i) that the program is not
licensed by the state; and
(ii) about the physical
risks a child may face while participating in the program; and
(E) that conducts background
checks for all program employees and volunteers who work with children in
the program using information that is obtained from the Department of
Public Safety;
(19) an elementary-age (ages
5-13) recreation program that:
(A) adopts standards of
care, including standards relating to staff ratios, staff training, health,
and safety;
(B) provides a mechanism for
monitoring and enforcing the standards and receiving complaints from
parents of enrolled children;
(C) does not advertise as or
otherwise represent the program as a child-care facility, day-care center,
or licensed before-school or after-school program or that the program
offers child-care services;
(D) informs parents that the
program is not licensed by the state;
(E) is organized as a
nonprofit organization or is located on the premises of a participant's
residence;
(F) does not accept any
remuneration other than a nominal annual membership fee;
(G) does not solicit
donations as compensation or payment for any good or service provided as
part of the program; and
(H) conducts background
checks for all program employees and volunteers who work with children in
the program using information that is obtained from the Department of
Public Safety;
(20) a living arrangement in
a caretaker's home involving one or more children or a sibling group,
excluding children who are related to the caretaker, in which the
caretaker:
(A) had a prior relationship
with the child or sibling group or other family members of the child or
sibling group;
(B) does not care for more
than one unrelated child or sibling group;
(C) does not receive
compensation or solicit donations for the care of the child or sibling
group; and
(D) has a written agreement
with the parent to care for the child or sibling group;
(21) a living arrangement in
a caretaker's home involving one or more children or a sibling group,
excluding children who are related to the caretaker, in which:
(A) the department is the
managing conservator of the child or sibling group;
(B) the department placed
the child or sibling group in the caretaker's home; and
(C) the caretaker had a
long-standing and significant relationship with the child or sibling group
before the child or sibling group was placed with the caretaker; [or]
(22) a living arrangement in
a caretaker's home involving one or more children or a sibling group,
excluding children who are related to the caretaker, in which the child is
in the United States on a time-limited visa under the sponsorship of the
caretaker or of a sponsoring organization; or
(23) a before-school or
after-school program, child care, or other extended day activity that is
provided directly by a public school without charging tuition or an
enrollment fee.
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