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AN ACT
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relating to the licensing of certain school-age programs that |
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provide child-care services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.048, Human Resources Code, is amended |
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by amending Subsections (a), (b), (c), (e), and (f) and adding |
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Subsections (e-1), (e-2), and (e-3) to read as follows: |
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(a) The commission [department] shall issue a license after |
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determining that an applicant has satisfied all requirements. |
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(b) When issuing a license, the commission [department] may |
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impose restrictions on a facility, including the number of children |
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to be served and the type of children to be served. |
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(c) The commission [department] may grant a variance of an |
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individual standard set forth in the applicable standards for good |
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and just cause. |
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(e) A license issued under this chapter is not transferable |
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and applies only to the operator and facility location stated in the |
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license application. Except as provided by Subsections (e-1), |
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(e-2), and (e-3) [this subsection], a change in location or |
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ownership automatically revokes a license. |
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(e-1) A change in location of a child-placing agency does |
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not automatically revoke the license to operate the child-placing |
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agency. |
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(e-2) A residential child-care facility operating under the |
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license of a continuum-of-care residential operation that changes |
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location may not continue to operate under that license unless the |
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commission [department] approves the new location after the |
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continuum-of-care residential operation meets all requirements |
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related to the new location. |
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(e-3) A change in location of a school-age program operated |
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exclusively during the summer period or any other time when school |
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is not in session does not automatically revoke the license to |
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operate the school-age program. A school-age program that changes |
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location may not operate at the new location unless the commission |
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approves the new location after the school-age program meets all |
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requirements related to the new location. |
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(f) A license must be issued if the commission [department] |
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determines that a facility meets all requirements. The evaluation |
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shall be based on one or more visits to the facility and a review of |
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required forms and records. A license is valid until the license |
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expires, is revoked, or is surrendered. |
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SECTION 2. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4090 was passed by the House on May 3, |
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2019, by the following vote: Yeas 140, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4090 on May 24, 2019, by the following vote: Yeas 139, Nays 2, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4090 was passed by the Senate, with |
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amendments, on May 22, 2019, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |