By: Paxton S.B. No. 225
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of certain child-care facilities and
  family homes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as Ellie's Law.
         SECTION 2.  Section 42.025, Human Resources Code, is amended
  to read as follows:
         Sec. 42.025.  SEARCHABLE DATABASE. (a)  The commission 
  [department] shall permanently maintain on the commission's 
  [department's] Internet website a searchable database that lists 
  [includes the name, the address, and any identification number, as
  applicable, of] each group day-care home and family home licensed,
  registered, or listed under this chapter:
               (1)  that previously had a license, registration, or
  listing under this chapter involuntarily suspended or revoked; or
               (2)  for which the commission refused to renew a
  license, registration, or listing [under this chapter with a
  permanent notation indicating the involuntary suspension or
  revocation and the year in which the suspension or revocation took
  effect or was final under this chapter].
         (b)  The database maintained under Subsection (a) must
  include for each group day-care home and licensed or registered
  family home:
               (1)  the name of the facility;
               (2)  the address of the facility, including the county
  in which the facility is located;
               (3)  any identification number associated with the
  facility;
               (4)  the name of the sole proprietor or each partner who
  owns the child-care operation or, if the owner is a business entity,
  the name of each officer responsible for the management of the
  child-care operation as determined by the commissioner; and
               (5)  the year in which:
                     (A)  the involuntary suspension or revocation of
  the facility's license, registration, or listing took effect or was
  final under this chapter; or
                     (B)  the commission refused to renew the
  facility's license, registration, or listing.
         (c)  The commission shall include the name of each individual
  described by Subsection (b)(4) who is associated with the license,
  registration, or listing in any database entry made under this
  section.
         (d)  The executive commissioner may adopt rules as necessary
  to implement this section.
         SECTION 3.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.04291 to read as follows:
         Sec. 42.04291.  SUPERVISION STANDARDS FOR INFANT DURING TIME
  SPENT ON STOMACH. The executive commissioner by rule shall
  establish standards for the visual and auditory supervision of an
  infant engaged in time on the infant's stomach while awake.  Each
  group day-care home and listed and registered family home shall
  comply with the supervision standards.
         SECTION 4.  Section 42.046, Human Resources Code, is amended
  by amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  An applicant for a license to operate a child-care
  facility, child-placing agency, or continuum-of-care residential
  operation or for a listing or registration to operate a family home
  shall submit to the commission [department] the appropriate fee
  prescribed by Section 42.054 and a completed application on a form
  provided by the commission [department].
         (a-1)  The commission shall require the applicant for a
  license, registration, or listing for a group day-care home or a
  family home to provide the applicant's name and the name of the sole
  proprietor or each partner who owns the child-care operation or, if
  the owner is a business entity, the name of each officer responsible
  for the management of the child-care operation as determined by the
  commissioner on the application form.
         SECTION 5.  Section 42.048, Human Resources Code, is amended
  by adding Subsection (a-1) to read as follows:
         (a-1)  The commission shall associate a license issued under
  this chapter for a group day-care home with the applicant's name as
  stated in the applicant's license application.
         SECTION 6.  Section 42.050(c), Human Resources Code, is
  amended to read as follows:
         (c)  The commission shall evaluate the application for
  renewal of a license to determine if all licensing requirements are
  met and whether the facility has been cited for repeated violations
  or has established a pattern of violations during the preceding
  five [two] years. The evaluation may include a specified number of
  visits to the facility and must include a review of all required
  forms and records.  If the commission determines the facility has
  repeated violations or an established pattern of violations, before
  the commission renews the license the commission may place
  restrictions, conditions, or additional requirements on the
  license to ensure the violations cease.
         SECTION 7.  Section 42.052, Human Resources Code, is amended
  by adding Subsection (l) to read as follows:
         (l)  The commission shall associate a listing or
  registration of a family home issued under this chapter with the
  applicant's name as stated in the applicant's listing or
  registration application.
         SECTION 8.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0562 to read as follows:
         Sec. 42.0562.  INFORMATION REGARDING CERTAIN GROUP DAY-CARE
  HOME AND FAMILY HOME EMPLOYEES. (a)  The commission shall collect
  information regarding group day-care home and family home employees
  who have had a license, registration, or other occupational
  authorization revoked by a licensing authority.
         (b)  The commission shall collaborate with licensing
  authorities to determine the most efficient method for identifying
  group day-care home or family home employees who have had a license
  revoked by the licensing authority.
         (c)  In this section:
               (1)  "License" means a license, registration,
  certificate, permit, or other authorization issued by a licensing
  authority that a person must obtain to practice or engage in a
  particular business, occupation, or profession.
               (2)  "Licensing authority" means a department,
  commission, board, office, or other agency of the state that issues
  a license.
         SECTION 9.  The executive commissioner of the Health and
  Human Services Commission is required to implement this Act only if
  the legislature appropriates money specifically for that purpose.  
  If the legislature does not appropriate money specifically for that
  purpose, the executive commissioner may, but is not required to,
  implement this Act using other appropriations available for the
  purpose.
         SECTION 10.  This Act takes effect September 1, 2021.