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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the committee on licensing standards in |
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the Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.0221 to read as follows: |
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Sec. 42.0221. COMMITTEE ON LICENSING STANDARDS. (a) The |
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committee on licensing standards is composed of nine members |
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appointed by the governor as follows: |
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(1) one member who operates a residential child-care |
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facility licensed by the department; |
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(2) one member who operates a child-placing agency |
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licensed by the department; |
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(3) one member who operates a licensed child-care |
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facility that provides child care for less than 24 hours a day; |
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(4) one member who is a parent, guardian, or custodian |
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of a child who uses a facility licensed by the department; |
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(5) one member who is an expert in the field of child |
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care and child development; |
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(6) two members employed by the department who work |
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with facilities licensed by the department; and |
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(7) two members who represent child advocacy |
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organizations. |
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(b) Committee members serve two-year terms, with the terms |
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of four or five members, as appropriate, expiring February 1 of each |
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year. |
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(c) The governor shall designate a committee member to serve |
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as the presiding officer of the committee. |
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(d) The committee shall meet twice a year at the call of the |
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presiding officer. |
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(e) The committee shall review and analyze the information |
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provided by the department and committee members and shall make |
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recommendations for policy and statutory changes relating to |
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licensing standards and facility inspections. The review and |
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analysis by the committee must include the analysis of: |
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(1) the deaths of children who are in substitute care, |
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including reports and findings of child fatality review teams under |
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Subchapter F, Chapter 264, Family Code; |
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(2) the types of licensing violations for each |
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category of weighted risk assigned to licensing standards and rules |
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and each region; |
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(3) the details of administrative reviews and appeals; |
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and |
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(4) the type of technical assistance provided to |
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license holders and facilities and the qualifications of the |
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persons providing the technical assistance. |
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(f) The committee shall review and analyze nationwide best |
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practices of child-care providers and other state standards related |
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to staff-to-child ratios and group sizes applicable to |
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nonresidential child-care facilities that provide care for less |
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than 24 hours a day and make recommendations to the department for |
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policy and statutory changes related to the ratios and group sizes. |
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(g) From the recommendations provided under Subsection (f), |
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the department shall annually reduce the maximum number of children |
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one or more caregivers may supervise in nonresidential child-care |
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facilities that provide care for less than 24 hours a day subject to |
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the following limitations: |
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(1) the number of children may not exceed the maximum |
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number of children one or more caregivers may supervise as |
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established in the department's proposed rules published in the |
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Texas Register on June 11, 2010; |
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(2) the maximum number of children may not be reduced |
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by more than three for each age group; and |
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(3) the maximum number of children ages 17 months of |
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age and younger may not be reduced. |
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(h) The committee shall report its findings and |
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recommendations to the department and the legislature not later |
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than December 1 of each year. |
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(i) This section expires September 1, 2023. |
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SECTION 2. Not later than October 1, 2019, the governor |
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shall appoint nine members to the committee on licensing standards |
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as provided by Section 42.0221, Human Resources Code, as added by |
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this Act. The initial members of the committee on licensing |
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standards appointed under this section shall draw lots to determine |
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which members will serve terms expiring February 1, 2020, and which |
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members will serve terms expiring February 1, 2021. |
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SECTION 3. This Act takes effect September 1, 2019. |