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A BILL TO BE ENTITLED
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AN ACT
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relating to records of violations against certain child-care |
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facilities that provide child-care services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.069 to read as follows: |
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Sec. 42.069. RECORDS OF VIOLATIONS; FINDINGS. (a) If an |
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administrative law judge after an administrative hearing or a judge |
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after judicial review of an administrative law judge's decision |
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finds that a violation by a child-care facility or family home |
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alleged by the commission did not occur, the commission shall |
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remove any record of the violation from the licensing file of the |
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facility or family home. |
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(b) If a child-care facility or listed family home requests |
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a hearing on a violation of this chapter alleged by the commission |
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and an administrative law judge has not rendered a decision on the |
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occurrence of the alleged violation before the end of the 45th day |
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after the date the commission notifies the facility or family home |
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of the violation, the commission shall remove any record of the |
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violation from the licensing file of the child-care facility or |
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family home, unless the violation is a critical health and safety |
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violation, until an administrative law judge finds the violation |
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occurred. |
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(c) If an administrative law judge after an administrative |
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hearing finds that a violation by a child-care facility or family |
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home alleged by the commission occurred, the administrative law |
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judge's decision must include detailed reasoning for finding the |
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violation occurred. |
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SECTION 2. Section 42.069(c), Human Resources Code, as |
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added by this Act, applies only to a request for administrative |
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review submitted or a contested case filed on or after the effective |
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date of this Act. A request for administrative review submitted or |
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a contested case filed before the effective date of this Act is |
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governed by the law in effect on the date the request was submitted |
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or the case was filed, as applicable, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |