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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain day-care centers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.0441, Human Resources Code, is |
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amended to read as follows: |
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Sec. 42.0441. INSPECTION RESULTS FOR CERTAIN |
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NONRESIDENTIAL CHILD-CARE FACILITIES; OPPORTUNITY TO CURE. (a) |
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Immediately after completing a monitoring inspection of a licensed |
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day-care center, licensed group day-care home, or registered family |
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home under Section 42.044, the authorized representative of the |
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commission [department] shall review the results of the monitoring |
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inspection with a representative of the facility and give the |
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facility an opportunity to respond to the inspection results. |
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(b) The authorized representative of the commission shall |
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provide a day-care center, group day-care home, or family home an |
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opportunity to immediately cure a violation of a minimum standard |
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that does not pose a risk to a child's safety. If the center or home |
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immediately cures the violation, the authorized representative may |
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not include the violation in the inspection results or report. |
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SECTION 2. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.04426 to read as follows: |
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Sec. 42.04426. REGISTRY OF DAY-CARE VIOLATIONS; VIOLATION |
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NOTICE, APPEAL, AND JUDICIAL REVIEW. (a) The commission shall |
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establish a registry of day-care violations. If the commission |
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determines an employee of a day-care center, group day-care home, |
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or family home is responsible for a violation, the commission shall |
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record in the registry: |
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(1) the employee's name, address, and social security |
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number; |
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(2) the name and address of the center or home where |
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the violation occurred; |
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(3) the date the violation occurred; and |
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(4) a description of the violation. |
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(b) The commission shall give written notice of the |
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commission's determination of a violation occurring at a day-care |
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center, group day-care home, or family home to any employee of the |
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center or home who is responsible for the violation. |
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(c) The notice must include: |
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(1) a brief summary of the commission's determination; |
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(2) a statement of the employee's right to a hearing on |
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the commission's determination; and |
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(3) a statement notifying the employee that if the |
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employee fails to timely respond to the notice, the commission's |
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determination of the employee's responsibility for the violation |
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will be recorded in the commission's registry of day-care |
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violations. |
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(d) Not later than the 30th day after the date the notice is |
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received, the employee notified may accept the commission's |
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determination or may submit a written request to the commission for |
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a hearing on that determination. |
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(e) If the employee notified of the violation accepts the |
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commission's determination or fails to timely respond to the |
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notice, the commission shall add the determination to the |
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commission's registry of day-care violations. |
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(f) If the employee requests a hearing, the commission |
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shall: |
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(1) set a date for a hearing; |
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(2) give written notice of the hearing date to the |
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employee; and |
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(3) designate an administrative law judge to conduct |
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the hearing. |
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(g) The administrative law judge shall make findings of fact |
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and conclusions of law and shall promptly issue a decision |
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regarding the occurrence of the violation. |
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(h) The administrative law judge shall give notice of the |
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decision to the employee allegedly responsible for the violation. |
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The notice must include: |
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(1) separate statements of the findings of fact and |
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conclusions of law; |
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(2) a statement of the employee's right to judicial |
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review of the decision; and |
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(3) a statement that the violation will be recorded in |
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the commission's registry of day-care violations if: |
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(A) the employee does not request judicial review |
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of the decision; or |
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(B) the decision is sustained by the court. |
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(i) Not later than the 30th day after the date the employee |
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receives notice of the administrative law judge's decision, the |
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employee may file a petition for judicial review contesting the |
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decision. If the employee does not request judicial review of the |
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decision, the commission shall record the violation in the |
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commission's registry of day-care violations. |
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(j) Judicial review of the decision: |
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(1) is instituted by filing a petition as provided by |
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Subchapter G, Chapter 2001, Government Code; and |
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(2) is under the substantial evidence rule. |
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(k) If the court sustains the administrative law judge's |
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decision on the occurrence of the violation, the commission shall |
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record the violation in the commission's registry of day-care |
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violations. |
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(l) The commission shall make the commission's registry of |
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day-care violations available to a day-care center, group day-care |
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home, or family home. |
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SECTION 3. Section 42.0704, Human Resources Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) The enforcement policy must include a process to appeal |
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a commission determination of a violation of this chapter or a |
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commission rule by a day-care center, group day-care home, or |
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family home. The center or home may request a hearing before an |
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administrative law judge of the State Office of Administrative |
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Hearings on the issue of whether the center or home committed the |
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violation. If the administrative law judge finds no violation |
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occurred: |
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(1) the administrative law judge shall order the |
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commission to remove the violation from the center's or home's |
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record; and |
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(2) the commission shall remove the violation from the |
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record not later than the 10th business day after the date the order |
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is issued. |
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SECTION 4. (a) The Health and Human Services Commission |
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shall study the violations the commission found at each licensed |
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day-care center, licensed group day-care home, or registered family |
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home during the preceding ten years to determine the ten licensing |
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standards most frequently violated. The commission shall: |
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(1) determine whether the violations pose a risk to |
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the health or safety of children at a center or home; and |
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(2) provide educational materials to centers and homes |
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regarding: |
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(A) the importance of following the identified |
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licensing standards; and |
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(B) ways to cure and prevent the identified |
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violations. |
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(b) The Health and Human Services Commission may form a work |
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group consisting of commission employees, child-care providers, |
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community stakeholders, child-care workers, and parents of |
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children attending a day-care center or family home to perform the |
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study required by Subsection (a) of this section. |
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(c) The Health and Human Services Commission shall complete |
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the study required by Subsection (a) of this section and submit a |
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report on the study results to the legislature not later than |
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September 1, 2026. |
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(d) This section expires September 1, 2027. |
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SECTION 5. This Act takes effect September 1, 2025. |