83R5268 JSL-D
 
  By: Dukes H.B. No. 817
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the ability of an emergency shelter facility to provide
  shelter or care for an unaccompanied minor without a license.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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
  or care to a minor and the minor's child or [mothers who are the sole
  support of their natural] children, if any, 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.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.