Texas 2009 - 81st Regular

Texas House Bill HB1393 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6818 MCK-D
2	2	By: Leibowitz H.B. No. 1393
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an exemption for certain facilities from the child-care
8	8	licensing requirements.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 42.041(b), Human Resources Code, is
11	11	amended to read as follows:
12	12	(b) This section does not apply to:
13	13	(1) a state-operated facility;
14	14	(2) an agency foster home or agency foster group home;
15	15	(3) a facility that is operated in connection with a
16	16	shopping center, business, religious organization, or
17	17	establishment where children are cared for during short periods
18	18	while parents or persons responsible for the children are attending
19	19	religious services, shopping, or engaging in other activities on or
20	20	near the premises, including but not limited to retreats or classes
21	21	for religious instruction;
22	22	(4) a school or class for religious instruction that
23	23	does not last longer than two weeks and is conducted by a religious
24	24	organization during the summer months;
25	25	(5) a youth camp licensed by the Department of State
26	26	Health Services;
27	27	(6) a facility licensed, operated, certified, or
28	28	registered by another state agency;
29	29	(7) subject to Subsection (b-1), an educational
30	30	facility that is accredited by the Texas Education Agency, the
31	31	Southern Association of Colleges and Schools, or an accreditation
32	32	body that is a member of the Texas Private School Accreditation
33	33	Commission and that operates primarily for educational purposes in
34	34	grades kindergarten and above, an after-school program operated
35	35	directly by an accredited educational facility, or an after-school
36	36	program operated by another entity under contract with the
37	37	educational facility, if the Texas Education Agency, the Southern
38	38	Association of Colleges and Schools, or the other accreditation
39	39	body, as applicable, has approved the curriculum content of the
40	40	after-school program operated under the contract;
41	41	(8) an educational facility that operates solely for
42	42	educational purposes in grades kindergarten through at least grade
43	43	two, that does not provide custodial care for more than one hour
44	44	during the hours before or after the customary school day, and that
45	45	is a member of an organization that promulgates, publishes, and
46	46	requires compliance with health, safety, fire, and sanitation
47	47	standards equal to standards required by state, municipal, and
48	48	county codes;
49	49	(9) a kindergarten or preschool educational program
50	50	that is operated as part of a public school or a private school
51	51	accredited by the Texas Education Agency, that offers educational
52	52	programs through grade six, and that does not provide custodial
53	53	care during the hours before or after the customary school day;
54	54	(10) a family home, whether registered or listed;
55	55	(11) subject to Subsection (b-1), an educational
56	56	facility that is integral to and inseparable from its sponsoring
57	57	religious organization or an educational facility both of which do
58	58	not provide custodial care for more than two hours maximum per day,
59	59	and that offers educational programs for children age four and
60	60	above in one or more of the following: preschool, kindergarten
61	61	through at least grade three, elementary, or secondary grades;
62	62	(12) an emergency shelter facility providing shelter
63	63	to minor mothers who are the sole support of their natural children
64	64	under Section 32.201, Family Code, unless the facility would
65	65	otherwise require a license as a child-care facility under this
66	66	section;
67	67	(13) a juvenile detention facility certified under
68	68	Section 51.12, Family Code, a juvenile correctional facility
69	69	certified under Section 51.125, Family Code, a juvenile facility
70	70	providing services solely for the Texas Youth Commission, or any
71	71	other correctional facility for children operated or regulated by
72	72	another state agency or by a political subdivision of the state;
73	73	(14) an elementary-age (ages 5-13) recreation program
74	74	operated by a municipality provided the governing body of the
75	75	municipality annually adopts standards of care by ordinance after a
76	76	public hearing for such programs, that such standards are provided
77	77	to the parents of each program participant, and that the ordinances
78	78	shall include, at a minimum, staffing ratios, minimum staff
79	79	qualifications, minimum facility, health, and safety standards,
80	80	and mechanisms for monitoring and enforcing the adopted local
81	81	standards; and further provided that parents be informed that the
82	82	program is not licensed by the state and the program may not be
83	83	advertised as a child-care facility;
84	84	(15) an annual youth camp held in a municipality with a
85	85	population of more than 1.5 million that operates for not more than
86	86	three months and that has been operated for at least 10 years by a
87	87	nonprofit organization that provides care for the homeless; [or]
88	88	(16) a food distribution program that:
89	89	(A) serves an evening meal to children two years
90	90	of age or older; and
91	91	(B) is operated by a nonprofit food bank in a
92	92	nonprofit, religious, or educational facility for not more than two
93	93	hours a day on regular business days; or
94	94	(17) a program that is not operated as part of an
95	95	educational facility or a day-care center in which a child receives
96	96	instruction in a single talent, ability, expertise, or proficiency,
97	97	for less than three hours a day.
98	98	SECTION 2. This Act takes effect immediately if it receives
99	99	a vote of two-thirds of all the members elected to each house, as
100	100	provided by Section 39, Article III, Texas Constitution. If this
101	101	Act does not receive the vote necessary for immediate effect, this
102	102	Act takes effect September 1, 2009.