By: Bonnen of Galveston H.B. No. 4259

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of listed family homes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 42.042, Human Resources Code, is amended by adding Subsection (d-1) and amending Subsection (g) to read as follows:

(d-1) The executive commissioner by rule shall adopt minimum standards for listed family homes. The minimum standards must:

(1) promote the health, safety, and welfare of children attending a listed family home;

(2) promote safe, comfortable, and healthy listed family homes for children;

(3) ensure adequate supervision of children by capable, qualified, and healthy personnel; and

(4) ensure medication is administered in accordance with Section 42.065.

(g) In promulgating minimum standards the executive commissioner may recognize and treat differently the types of services provided by the following:

(1) listed family homes;

(2) registered family homes;

(3) [(2)] child-care facilities, including general residential operations, cottage home operations, specialized child-care homes, group day-care homes, and day-care centers;

(4) [(3)] child-placing agencies;

(5) [(4)] agency foster homes;

(6) [(5)] continuum-of-care residential operations;

(7) [(6)] before-school or after-school programs; and

(8) [(7)] school-age programs.

SECTION 2. Section 42.044, Human Resources Code, is amended by amending Subsections (a) and (c) and adding Subsection (b-4) to read as follows:

(a) An authorized representative of the commission [department] may visit a facility regulated under this chapter or a registered or listed family home during operating hours to investigate, inspect, and evaluate.

(b-4) The commission shall inspect a listed family home at least once every three years. The inspection must be unannounced.

(c) The commission [department] must investigate a facility regulated under this chapter or a registered or listed family home when a complaint is received. The representative of the commission [department] must notify the operator of a registered or listed family home or the director or authorized representative of a regulated facility when a complaint is being investigated and report in writing the results of the investigation to the family home's operator or to the regulated facility's director or the director's authorized representative.

SECTION 3. Section 42.0442(a), Human Resources Code, is amended to read as follows:

(a) The commission [department] shall coordinate monitoring inspections of licensed day-care centers, licensed group day-care homes, and registered and listed family homes performed by another state agency to eliminate redundant inspections.

SECTION 4. Section 42.04425, Human Resources Code, is amended by adding Subsection (d) to read as follows:

(d) The commission shall provide with the inspection data described by Subsection (c) a minimum of five years of inspection data for listed family homes regulated under this chapter to enhance consumer choice with respect to those homes.

SECTION 5. Section 42.0446, Human Resources Code, is amended to read as follows:

Sec. 42.0446. REMOVAL OF CERTAIN INVESTIGATION INFORMATION FROM INTERNET WEBSITE. The executive commissioner shall adopt rules providing a procedure by which the commission [department] removes from the commission's [department's] Internet website information on [with respect to] a child-care facility or registered or listed family home that relates to an anonymous complaint alleging [that] the facility or family home failed to comply with the commission's [department's] minimum standards if, at the conclusion of an investigation, the commission [department] determines [that] the complaint is false or lacks factual foundation.

SECTION 6. Section 42.0447(a), Human Resources Code, is amended to read as follows:

(a) A person commits an offense if the person knowingly or intentionally files a complaint alleging that a child-care facility or registered or listed family home failed to comply with the commission's [department's] minimum standards and the person knows the allegation is false or lacks factual foundation.

SECTION 7. Section 42.046, Human Resources Code, is amended by adding Subsection (f) to read as follows:

(f) An applicant for a listing to operate a family home shall submit with the application proof of the applicant's successful completion of safe sleep training in accordance with commission rules.

SECTION 8. Subchapter C, Chapter 42, Human Resources Code, is amended by adding Section 42.0495 to read as follows:

Sec. 42.0495. LIABILITY INSURANCE REQUIRED FOR LISTED FAMILY HOMES. (a) A listed family home shall maintain liability insurance coverage in the amount of $300,000 for each occurrence of negligence. An insurance policy or contract required under this section must cover injury to a child that occurs while the child is on the premises of or in the care of the listed family home.

(b) A listed family home shall annually file with the commission a certificate or other evidence of coverage from an insurance company demonstrating that the listed family home has an unexpired and uncanceled insurance policy or contract that meets the requirements of this section.

(c) If a listed family home is unable to secure a policy or contract required under this section for financial reasons or for lack of availability of an underwriter willing to issue a policy or contract or the home's policy or contract limits are exhausted, the home shall timely provide written notice to the parent or guardian of each child attending the home that the liability coverage is not provided.

(d) A listed family home described by Subsection (c) shall timely provide written notice to the commission that the home is unable to secure liability insurance and the reason the insurance could not be secured.

(e) If a listed family home complies with the notice requirements under this section, the commission may not assess an administrative penalty or suspend or revoke the family home's listing for violating Subsection (a). This subsection may not be construed to indemnify a family home for damages due to negligence.

SECTION 9. Sections 42.052(f) and (i), Human Resources Code, are amended to read as follows:

(f) To remain listed or registered with the commission [department], a family home must comply with the commission's [department's] rules and standards[, if applicable,] and any provision of this chapter that applies to a listed or registered family home.

(i) The commission [department] shall provide to a listed family home a copy of the listing. A listing must contain a provision that states: "THIS HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED WITH THE HEALTH AND HUMAN [DEPARTMENT OF FAMILY AND PROTECTIVE] SERVICES COMMISSION. A LISTED FAMILY HOME HAS LIMITED MINIMUM STANDARDS AND IS NOT INSPECTED EVERY YEAR [IT HAS NOT BEEN INSPECTED AND WILL NOT BE INSPECTED]." The operator of a listed family home is not required to display the listing in a prominent place at the home but shall make the listing available for examination. [The executive commissioner by rule shall provide for a sufficient period to allow operators of family homes to comply with the listing requirement of this section.]

SECTION 10. Section 42.0522(b), Human Resources Code, is amended to read as follows:

(b) A family home may not place a public advertisement that uses the title "listed family home" or any variation of that phrase unless the home is listed as provided by this chapter. Any public advertisement for a listed family home that uses the title "listed family home" must contain a provision in bold type stating: "THIS HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED WITH THE HEALTH AND HUMAN [DEPARTMENT OF FAMILY AND PROTECTIVE] SERVICES COMMISSION. A LISTED FAMILY HOME HAS LIMITED MINIMUM STANDARDS AND IS NOT INSPECTED EVERY YEAR [IT HAS NOT BEEN INSPECTED AND WILL NOT BE INSPECTED]."

SECTION 11. Section 42.0523, Human Resources Code, is amended by adding Subsections (e), (f), and (g) to read as follows:

(e) The following requirements do not apply to a family home listed under this section:

(1) the minimum standards adopted under Section 42.042;

(2) the inspection requirement under Section 42.044; and

(3) the liability insurance requirement under Section 42.0495.

(f) A family home listed under this section shall undergo initial and subsequent background and criminal history checks required under Section 42.056. If the operator of the home fails to submit the information required by Section 42.056 for a subsequent background and criminal history check, the commission shall automatically:

(1) suspend the home's listing until the required information is submitted; and

(2) revoke the home's listing if the required information is not submitted before six months after the date the automatic suspension begins under Subdivision (1).

(g) A suspension or revocation under Subsection (f) is not a suspension or revocation under Section 42.072.

SECTION 12. The following provisions of the Human Resources Code are repealed:

(1) Sections 42.044(c-1) and (c-2); and

(2) Sections 42.052(j) and (j-1).

SECTION 13. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt rules necessary to implement Chapter 42, Human Resources Code, as amended by this Act.

SECTION 14. This Act takes effect September 1, 2019.