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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of listed family homes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.042, Human Resources Code, is amended |
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by adding Subsection (d-1) and amending Subsection (g) to read as |
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follows: |
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(d-1) The executive commissioner by rule shall adopt |
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minimum standards for listed family homes. The minimum standards |
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must: |
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(1) promote the health, safety, and welfare of |
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children attending a listed family home; |
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(2) promote safe, comfortable, and healthy listed |
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family homes for children; |
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(3) ensure adequate supervision of children by |
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capable, qualified, and healthy personnel; and |
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(4) ensure medication is administered in accordance |
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with Section 42.065. |
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(g) In promulgating minimum standards the executive |
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commissioner may recognize and treat differently the types of |
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services provided by the following: |
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(1) listed family homes; |
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(2) registered family homes; |
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(3) [(2)] child-care facilities, including general |
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residential operations, cottage home operations, specialized |
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child-care homes, group day-care homes, and day-care centers; |
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(4) [(3)] child-placing agencies; |
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(5) [(4)] agency foster homes; |
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(6) [(5)] continuum-of-care residential operations; |
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(7) [(6)] before-school or after-school programs; and |
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(8) [(7)] school-age programs. |
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SECTION 2. Sections 42.044(a) and (c), Human Resources |
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Code, are amended to read as follows: |
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(a) An authorized representative of the commission |
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[department] may visit a facility regulated under this chapter or a |
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registered or listed family home during operating hours to |
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investigate, inspect, and evaluate. |
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(c) The commission [department] must investigate a facility |
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regulated under this chapter or a registered or listed family home |
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when a complaint is received by the commission. The representative |
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of the commission [department] must notify the operator of a |
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registered or listed family home or the director or authorized |
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representative of a regulated facility when a complaint is being |
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investigated and report in writing the results of the investigation |
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to the family home's operator or to the regulated facility's |
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director or the director's authorized representative. |
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SECTION 3. Section 42.04425, Human Resources Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) The commission shall provide with the inspection data |
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described by Subsection (c) a minimum of five years of |
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investigative data for listed family homes regulated under this |
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chapter to enhance consumer choice with respect to those homes. |
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SECTION 4. Section 42.0446, Human Resources Code, is |
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amended to read as follows: |
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Sec. 42.0446. REMOVAL OF CERTAIN INVESTIGATION INFORMATION |
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FROM INTERNET WEBSITE. The executive commissioner shall adopt |
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rules providing a procedure by which the commission [department] |
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removes from the commission's [department's] Internet website |
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information on [with respect to] a child-care facility or |
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registered or listed family home that relates to an anonymous |
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complaint alleging [that] the facility or family home failed to |
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comply with the commission's [department's] minimum standards if, |
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at the conclusion of an investigation, the commission [department] |
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determines [that] the complaint is false or lacks factual |
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foundation. |
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SECTION 5. Section 42.0447(a), Human Resources Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person knowingly or |
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intentionally files a complaint alleging that a child-care facility |
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or registered or listed family home failed to comply with the |
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commission's [department's] minimum standards and the person knows |
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the allegation is false or lacks factual foundation. |
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SECTION 6. Section 42.046, Human Resources Code, is amended |
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by adding Subsection (f) to read as follows: |
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(f) An applicant for a listing to operate a family home |
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shall submit with the application proof of the applicant's |
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successful completion of safe sleep training in accordance with |
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commission rules. |
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SECTION 7. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.0495 to read as follows: |
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Sec. 42.0495. LIABILITY INSURANCE REQUIRED FOR LISTED |
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FAMILY HOMES. (a) A listed family home shall maintain liability |
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insurance coverage in the amount of $300,000 for each occurrence of |
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negligence. An insurance policy or contract required under this |
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section must cover injury to a child that occurs while the child is |
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on the premises of or in the care of the listed family home. |
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(b) A listed family home shall annually file with the |
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commission a certificate or other evidence of coverage from an |
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insurance company demonstrating that the listed family home has an |
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unexpired and uncanceled insurance policy or contract that meets |
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the requirements of this section. |
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(c) If a listed family home is unable to secure a policy or |
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contract required under this section for financial reasons or for |
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lack of availability of an underwriter willing to issue a policy or |
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contract or the home's policy or contract limits are exhausted, the |
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home shall timely provide written notice to the parent or guardian |
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of each child attending the home that the liability coverage is not |
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provided. |
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(d) A listed family home described by Subsection (c) shall |
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timely provide written notice to the commission that the home is |
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unable to secure liability insurance and the reason the insurance |
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could not be secured. |
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(e) If a listed family home complies with the notice |
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requirements under this section, the commission may not assess an |
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administrative penalty or suspend or revoke the family home's |
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listing for violating Subsection (a). This subsection may not be |
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construed to indemnify a family home for damages due to negligence. |
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SECTION 8. Sections 42.052(f) and (i), Human Resources |
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Code, are amended to read as follows: |
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(f) To remain listed or registered with the commission |
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[department], a family home must comply with the commission's |
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[department's] rules and standards[, if applicable,] and any |
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provision of this chapter that applies to a listed or registered |
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family home. |
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(i) The commission [department] shall provide to a listed |
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family home a copy of the listing. A listing must contain a |
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provision that states: "THIS HOME IS A LISTED FAMILY HOME. IT IS |
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NOT LICENSED OR REGISTERED WITH THE HEALTH AND HUMAN [DEPARTMENT OF
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FAMILY AND PROTECTIVE] SERVICES COMMISSION. A LISTED FAMILY HOME |
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HAS LIMITED MINIMUM STANDARDS AND IS NOT [IT HAS NOT BEEN INSPECTED
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AND WILL NOT BE] INSPECTED UNLESS A COMPLAINT IS FILED WITH THE |
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COMMISSION." The operator of a listed family home is not required |
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to display the listing in a prominent place at the home but shall |
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make the listing available for examination. [The executive
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commissioner by rule shall provide for a sufficient period to allow
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operators of family homes to comply with the listing requirement of
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this section.] |
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SECTION 9. Section 42.0522(b), Human Resources Code, is |
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amended to read as follows: |
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(b) A family home may not place a public advertisement that |
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uses the title "listed family home" or any variation of that phrase |
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unless the home is listed as provided by this chapter. Any public |
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advertisement for a listed family home that uses the title "listed |
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family home" must contain a provision in bold type stating: "THIS |
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HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED WITH |
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THE HEALTH AND HUMAN [DEPARTMENT OF FAMILY AND PROTECTIVE] SERVICES |
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COMMISSION. A LISTED FAMILY HOME HAS LIMITED MINIMUM STANDARDS AND |
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IS NOT [IT HAS NOT BEEN INSPECTED AND WILL NOT BE] INSPECTED UNLESS |
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A COMPLAINT IS FILED WITH THE COMMISSION." |
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SECTION 10. Section 42.0523, Human Resources Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) The following requirements do not apply to a family home |
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listed under this section: |
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(1) the minimum standards adopted under Section |
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42.042; and |
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(2) the liability insurance requirement under Section |
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42.0495. |
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SECTION 11. Sections 42.044(c-1) and (c-2), Human Resources |
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Code, are repealed. |
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SECTION 12. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement |
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Chapter 42, Human Resources Code, as amended by this Act. |
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SECTION 13. The Health and Human Services Commission is |
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required to implement a provision of this Act only if the |
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legislature appropriates money specifically for that purpose. If |
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the legislature does not appropriate money specifically for that |
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purpose, the commission may, but is not required to, implement a |
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provision of this Act using other appropriations available for that |
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purpose. |
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SECTION 14. This Act takes effect September 1, 2019. |
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* * * * * |