BILL ANALYSIS

C.S.H.B. 2177

By: Miller

Human Services

Committee Report (Substituted)

BACKGROUND AND PURPOSE

It has been noted that legislation enacted by the 84th Legislature removed the specified fee amounts for child-care facility, child-placing agency, or continuum-of-care residential operation licenses from statute and vested authority for setting the fees with the executive commissioner of the Health and Human Services Commission. There have been calls to return responsibility for setting the fees to the legislature and to remove the burden associated with license renewal for the operator of such a facility, agency, or operation. C.S.H.B. 2177 seeks to answer those calls by setting the fees for those licenses in statute and repealing provisions subjecting those licenses to expiration and required renewal.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2177 repeals Human Resources Code provisions subjecting a license for a child-care facility, child-placing agency, or a continuum-of-care residential operation to expiration and required renewal. The bill repeals a provision requiring the executive commissioner of the Health and Human Services Commission (HHSC) to set fees for those licenses. The bill amends the Human Resources Code instead to set fees in the following amounts:

· $35 for the nonrefundable application fee for an initial license to operate a child-care facility, a child-placing agency, or a continuum-of-care residential operation;

· $35 for the fee for an initial license for a child-care facility;

· $50 for the fee for an initial license for a child-placing agency or continuum-of-care residential operation;

· $35 plus $1 multiplied by the maximum number of children for whom a licensed child‑care facility is authorized to provide care for the annual license fee for each such facility;

· $100 for the annual license fee for each licensed child-placing agency and continuum‑of‑care residential operation;

· $20 for the annual fee charged to each family home listed with HHSC; and

· $35 for the annual fee charged to each family home registered with HHSC.

C.S.H.B. 2177 repeals Sections 42.050 and 42.054(h), Human Resources Code.

EFFECTIVE DATE

September 1, 2019.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 2177 differs from the original in minor or nonsubstantive ways to make technical corrections.