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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 that provide |
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shelter and care to child victims of human trafficking from |
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child-care 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, |
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including retreats or classes for religious instruction, on or near |
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the premises, that does not advertise as a child-care facility or |
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day-care center, and that informs parents that it is not licensed by |
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the state; |
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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) an educational facility that is accredited by the |
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Texas Education Agency, the Southern Association of Colleges and |
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Schools, or an accreditation body that is a member of the Texas |
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Private School Accreditation Commission and that operates |
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primarily for educational purposes for prekindergarten and above, a |
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before-school or after-school program operated directly by an |
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accredited educational facility, or a before-school or |
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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 or after-school program operated under |
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the contract; |
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(8) an educational facility that operates solely for |
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educational purposes for prekindergarten 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) an educational facility that is integral to and |
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inseparable from its sponsoring religious organization or an |
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educational facility both of which do not provide custodial care |
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for more than two hours maximum per day, and that offers an |
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educational program in one or more of the |
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following: prekindergarten through at least grade three, |
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elementary 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 Juvenile Justice Department |
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[Youth Commission], or any other correctional facility for children |
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operated or regulated by another state agency or by a political |
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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; |
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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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(17) a child-care facility that operates for less than |
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three consecutive weeks and less than 40 days in a period of 12 |
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months; |
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(18) a program: |
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(A) in which a child receives direct instruction |
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in a single skill, talent, ability, expertise, or proficiency; |
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(B) that does not provide services or offerings |
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that are not directly related to the single talent, ability, |
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expertise, or proficiency; |
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(C) that does not advertise or otherwise |
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represent that the program is a child-care facility, day-care |
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center, or licensed before-school or after-school program or that |
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the program offers child-care services; |
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(D) that informs the parent or guardian: |
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(i) that the program is not licensed by the |
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state; and |
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(ii) about the physical risks a child may |
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face while participating in the program; and |
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(E) that conducts background checks for all |
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program employees and volunteers who work with children in the |
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program using information that is obtained from the Department of |
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Public Safety; |
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(19) an elementary-age (ages 5-13) recreation program |
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that: |
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(A) adopts standards of care, including |
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standards relating to staff ratios, staff training, health, and |
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safety; |
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(B) provides a mechanism for monitoring and |
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enforcing the standards and receiving complaints from parents of |
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enrolled children; |
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(C) does not advertise as or otherwise represent |
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the program as a child-care facility, day-care center, or licensed |
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before-school or after-school program or that the program offers |
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child-care services; |
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(D) informs parents that the program is not |
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licensed by the state; |
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(E) is organized as a nonprofit organization or |
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is located on the premises of a participant's residence; |
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(F) does not accept any remuneration other than a |
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nominal annual membership fee; |
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(G) does not solicit donations as compensation or |
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payment for any good or service provided as part of the program; and |
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(H) conducts background checks for all program |
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employees and volunteers who work with children in the program |
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using information that is obtained from the Department of Public |
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Safety; |
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(20) a living arrangement in a caretaker's home |
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involving one or more children or a sibling group, excluding |
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children who are related to the caretaker, in which the caretaker: |
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(A) had a prior relationship with the child or |
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sibling group or other family members of the child or sibling group; |
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(B) does not care for more than one unrelated |
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child or sibling group; |
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(C) does not receive compensation or solicit |
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donations for the care of the child or sibling group; and |
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(D) has a written agreement with the parent to |
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care for the child or sibling group; |
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(21) a living arrangement in a caretaker's home |
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involving one or more children or a sibling group, excluding |
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children who are related to the caretaker, in which: |
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(A) the department is the managing conservator of |
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the child or sibling group; |
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(B) the department placed the child or sibling |
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group in the caretaker's home; and |
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(C) the caretaker had a long-standing and |
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significant relationship with the child or sibling group before the |
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child or sibling group was placed with the caretaker; [or] |
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(22) a living arrangement in a caretaker's home |
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involving one or more children or a sibling group, excluding |
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children who are related to the caretaker, in which the child is in |
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the United States on a time-limited visa under the sponsorship of |
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the caretaker or of a sponsoring organization; or |
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(23) an emergency shelter facility that: |
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(A) provides emergency shelter, care, and |
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services for not more than 15 days to children 13 years of age or |
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older but younger than 18 years of age who are victims or potential |
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victims of human trafficking; and |
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(B) is operated by a nonprofit organization that: |
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(i) is licensed by or is operated under an |
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agreement with a state or federal agency and is located in a |
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municipality with a population of at least 600,000 that is in a |
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county on an international border; or |
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(ii) meets the eligibility requirement |
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under Section 51.005(b)(3). |
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SECTION 2. This Act takes effect September 1, 2013. |