86R2423 MCK-D
 
  By: Kolkhorst S.B. No. 781
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of residential treatment centers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 40, Human Resources Code,
  is amended by adding Section 40.043 to read as follows:
         Sec. 40.043.  CHILD SAFETY AND RUNAWAY PREVENTION
  PROCEDURES. The commissioner by rule shall establish procedures
  to:
               (1)  reduce the number of incidents in which a child in
  the conservatorship of the department runs away from a residential
  treatment center; and
               (2)  ensure the safety of a child who leaves a
  residential treatment center.
         SECTION 2.  Section 42.0462, Human Resources Code, is
  amended to read as follows:
         Sec. 42.0462.  WAIVER OF NOTICE AND HEARING REQUIREMENTS.
  (a)  Subject to Subsection (b), to [To] protect the safety and
  well-being of residents and employees of a general residential
  operation that provides comprehensive residential services to
  children who are victims of trafficking, the commission
  [department] shall waive the notice and hearing requirements
  imposed under Section 42.0461 for an applicant who submits to the
  commission [department] an application to provide trafficking
  victim services at the applicant's general residential operation.
         (b)  This section does not apply to an applicant who submits
  an application for a residential treatment center license.
         SECTION 3.  Chapter 42, Human Resources Code, is amended by
  adding Subchapter H to read as follows:
  SUBCHAPTER H. REGULATION OF RESIDENTIAL TREATMENT CENTERS
         Sec. 42.251.  DEFINITIONS. In this subchapter:
               (1)  "Life or safety incident" means an actual incident
  that threatens the life or safety of a child. The term includes:
                     (A)  multiple incidents of arrest, abuse,
  neglect, or exploitation of or attempted suicide by the same child;
                     (B)  the death of a child; or
                     (C)  a life-threatening injury to a child.
               (2)  "Residential treatment center" means a general
  residential operation that:
                     (A)  provides care for 13 or more children or
  young adults; and
                     (B)  exclusively provides treatment services for
  children or young adults with emotional disorders.
         Sec. 42.252.  LICENSING PROCEDURES. (a)  In addition to the
  applicable requirements to obtain a license under Subchapter C, a
  person applying for a license to operate a residential treatment
  center shall submit:
               (1)  an operational plan for the proposed center to the
  commission; and
               (2)  an educational plan describing the applicant's
  plan to provide for the educational needs of the children at the
  proposed center to the Texas Education Agency.
         (b)  The operational plan must include:
               (1)  the amount of local resources available to support
  children proposed to be served by the applicant;
               (2)  the impact of the proposed child-care services on
  the ratio in the local school district of students enrolled in a
  special education program to students enrolled in a regular
  education program and any effect on the children proposed to be
  served by the applicant; and
               (3)  the impact of the proposed child-care services on
  the community and the effect on opportunities for social
  interaction for the children proposed to be served by the
  applicant.
         (c)  A person applying for a license to operate a residential
  treatment center is not required to include in the operational plan
  whether the proposed residential treatment center will provide
  services to children who are victims of human trafficking.
         (d)  The commission must approve the proposed center's
  operational plan and the Texas Education Agency must approve the
  proposed center's educational plan before any hearing under Section
  42.0461 is held.
         (e)  In evaluating an application for a license to operate a
  residential treatment center, the commission may consider:
               (1)  evidence of community support for or opposition to
  the proposed center;
               (2)  the educational plan for the proposed center,
  including whether:
                     (A)  the proposed center will provide for the
  private or public education of school-age children residing in the
  proposed center;
                     (B)  the proposed center has entered into a
  tentative agreement pending the center's licensure with
  independent school districts or public charter schools to provide
  the educational services to school-age children residing in the
  proposed center;
                     (C)  the board of trustees of an independent
  school district has agreed to serve the school-age children
  residing in the proposed center through signed and approved board
  minutes and the district superintendent's approval demonstrated by
  signature; or
                     (D)  the governing board of a public charter
  school has agreed to serve the school-age children residing in the
  proposed center through signed and approved board minutes and the
  charter school superintendent's approval demonstrated by signature
  on an amendment request form submitted to and approved by the
  commissioner of education;
               (3)  an impact statement from the school district
  likely to be affected by the proposed center, including information
  relating to any financial impact on the district that may result
  from an increase in enrollment;
               (4)  the qualifications, background, and history of
  each individual and entity who is proposed to be involved in:
                     (A)  the management of the proposed center; or
                     (B)  the educational leadership of the proposed
  center; and
               (5)  the history of the board of the proposed center, as
  defined in the application form.
         (f)  The commission shall approve or deny an application for
  a proposed residential treatment center based on the merits of the
  application.  In making the decision, the commission shall:
               (1)  heavily weigh any public comment the commission
  receives relating to the licensing of the proposed center; and
               (2)  consider documented evidence gathered through the
  application review process.
         (g)  The commission may deny an application for a license to
  operate a residential treatment center if the commission determines
  that:
               (1)  the community has insufficient resources to
  support children proposed to be served by the applicant;
               (2)  granting the license would significantly increase
  the ratio in the local school district of students enrolled in a
  special education program to students enrolled in a regular
  education program and the increase would adversely affect the
  children proposed to be served by the applicant; or
               (3)  granting the license would have a significant
  adverse impact on the community and would limit opportunities for
  social interaction for the children proposed to be served by the
  applicant.
         Sec. 42.253.  CONFIDENTIALITY OF INFORMATION RELATING TO
  SERVICES FOR HUMAN TRAFFICKING VICTIMS. (a)  If an applicant for a
  license to operate a residential treatment center will be providing
  services to victims of human trafficking, any information relating
  to the provision of services for victims of human trafficking is
  confidential and the commission may not disclose that information.
         (b)  If a hearing is required under Section 42.0461 for an
  application for a license to operate a residential treatment center
  and the proposed center will be providing services to victims of
  human trafficking, the applicant is not required to disclose any
  information relating to the provision of services for victims of
  human trafficking. 
         Sec. 42.254.  SCHOOL YEAR; REPORT.  (a)  A residential
  treatment center that provides for the education of school-age
  children residing in the proposed center must have an academic
  school year that begins not earlier than August 1 or later than
  September 1 of each year.
         (b)  Children receiving educational services from a
  residential treatment center must be reported in the fall semester
  Public Education Information Management System (PEIMS) submission.
         Sec. 42.255.  REPORTING REQUIREMENT. In addition to the
  applicable requirements of Subchapter C, a residential treatment
  center shall immediately report to the commission and the
  department any incident in which a child in the care of the center:
               (1)  leaves the center without authorization for any
  period of time;
               (2)  is accused of engaging in delinquent conduct or
  conduct indicating a need for supervision, as defined by Section
  51.03, Family Code; or
               (3)  is charged with a criminal offense or convicted of
  a criminal offense.
         Sec. 42.256.  PROCEDURES FOR CIRCUMSTANCES REQUIRING
  RELOCATION OF CHILDREN. If the commission or department finds that
  a residential treatment center has violated the requirements of
  this chapter or a standard or rule adopted under this chapter two
  times within a 24-month period and the violations are classified as
  a life or safety incident, the department shall develop a plan for
  the temporary relocation of children in the care of the residential
  treatment center on the revocation of the center's license.
         Sec. 42.257.  REVOCATION OF LICENSE. The commission shall
  revoke the license of a residential treatment center if the
  commission or department finds that the license holder has violated
  the requirements of this chapter or a standard or rule adopted under
  this chapter three times within a 24-month period and the
  violations are classified as a life or safety incident.
         Sec. 42.258.  HEARING BEFORE RENEWAL OF LICENSE. (a) On
  request of the commissioners court of a county where a residential
  treatment center is located, the commission shall hold a public
  hearing to obtain public input regarding the renewal of the
  center's license.
         (b)  The commission shall adopt procedures that provide the
  public with a reasonable opportunity to appear before the
  commission and to speak on any issue related to renewal of the
  residential treatment center's license, including procedures
  relating to the conduct of the hearing, the order of witnesses, and
  the conduct of participants at the hearing.
         Sec. 42.259.  COMMUNITY ENGAGEMENT PLAN. (a) Each
  residential treatment center licensed under this chapter shall
  develop a community engagement plan to improve relations between
  the center and the community where the center is located.
         (b)  The department may not contract with a residential
  treatment center unless the center has a community engagement plan
  required by Subsection (a).
         Sec. 42.260.  QUALITY-BASED PAYMENT SYSTEM.  (a)  The
  department shall develop quality-based outcome and process
  measures that promote the provision of high-quality services by
  residential treatment centers licensed under this chapter,
  including measures that advance quality improvement and
  innovation.
         (b)  The department may change measures developed under this
  section to promote continuous system reform and improved quality of
  services provided by residential treatment centers.
         (c)  Using quality-based outcome and process measures
  developed under Subsection (a), the department, after consulting
  with appropriate stakeholders, shall develop and implement
  quality-based payment systems for compensating residential
  treatment centers.
         Sec. 42.261.  RESIDENTIAL TREATMENT CENTER QUALITY RATING
  SYSTEM. (a) The commission shall develop and implement a quality
  rating system to evaluate residential treatment centers licensed
  under this chapter. In developing the rating system, the commission
  shall select relevant and appropriate criteria on which to evaluate
  a residential treatment center.
         (b)  The commission shall publish the quality rating for each
  residential treatment center licensed under this chapter on the
  commission's Internet website.
         Sec. 42.262.  DUTIES OF TEXAS EDUCATION AGENCY. (a)  Before
  the Texas Education Agency approves any educational services
  provided at a residential treatment center, including the
  accreditation of a charter school at the center, the agency shall
  evaluate each licensing violation for which the center has been
  cited by the commission to determine whether the violation would
  impair the education of the children at the center.
         (b)  The Texas Education Agency shall notify the commission
  of any possible licensing violation at a residential treatment
  center of which the agency becomes aware.
         Sec. 42.263.  APPLICATION OF FEDERAL LAW. (a) The
  department shall develop a plan to ensure that, not later than
  December 31, 2021, each residential treatment center is in
  compliance with the requirements of Title VII of the Bipartisan
  Budget Act of 2018 (Pub. L. No. 115-123) relating to the
  accreditation of residential treatment centers.
         (b)  Not later than December 31, 2019, the department shall
  submit the plan to the lieutenant governor, the speaker of the house
  of representatives, and the standing committees of each house of
  the legislature with primary jurisdiction over child protective
  services.
         (c)  This section expires September 1, 2023.
         SECTION 4.  This Act takes effect September 1, 2019.