Texas 2009 - 81st Regular

Texas House Bill HB1540 Compare Versions

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Old	New	Differences
1	1	81R30404 UM-D
2	2	By: Hartnett, et al. H.B. No. 1540
3	3	Substitute the following for H.B. No. 1540:
4	4	By: Rose C.S.H.B. No. 1540
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to license requirements and fees for certain child-care
10	10	programs operated by public or private schools.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 42.041(b), Human Resources Code, is
13	13	amended to read as follows:
14	14	(b) This section does not apply to:
15	15	(1) a state-operated facility;
16	16	(2) an agency foster home or agency foster group home;
17	17	(3) a facility that is operated in connection with a
18	18	shopping center, business, religious organization, or
19	19	establishment where children are cared for during short periods
20	20	while parents or persons responsible for the children are attending
21	21	religious services, shopping, or engaging in other activities on or
22	22	near the premises, including but not limited to retreats or classes
23	23	for religious instruction;
24	24	(4) a school or class for religious instruction that
25	25	does not last longer than two weeks and is conducted by a religious
26	26	organization during the summer months;
27	27	(5) a youth camp licensed by the Department of State
28	28	Health Services;
29	29	(6) a facility licensed, operated, certified, or
30	30	registered by another state agency;
31	31	(7) [subject to Subsection (b-1),] an educational
32	32	facility that is accredited by the Texas Education Agency, the
33	33	Southern Association of Colleges and Schools, or an accreditation
34	34	body that is a member of the Texas Private School Accreditation
35	35	Commission and that operates primarily for educational purposes in
36	36	grades prekindergarten [kindergarten] and above[, an after-school
37	37	program operated directly by an accredited educational facility, or
38	38	an after-school program operated by another entity under contract
39	39	with the educational facility, if the Texas Education Agency, the
40	40	Southern Association of Colleges and Schools, or the other
41	41	accreditation body, as applicable, has approved the curriculum
42	42	content of the after-school program operated under the contract];
43	43	(8) an educational facility that operates solely for
44	44	educational purposes for children in prekindergarten [grades
45	45	kindergarten] through at least grade two, that does not provide
46	46	custodial care for more than one hour during the hours before or
47	47	after the customary school day, and that is a member of an
48	48	organization that promulgates, publishes, and requires compliance
49	49	with health, safety, fire, and sanitation standards equal to
50	50	standards required by state, municipal, and county codes;
51	51	(9) a prekindergarten or kindergarten [or preschool]
52	52	educational program that is operated as part of a public school or a
53	53	private school accredited by the Texas Education Agency, that
54	54	offers educational programs through grade six, and that does not
55	55	provide custodial care during the hours before or after the
56	56	customary school day;
57	57	(10) a family home, whether registered or listed;
58	58	(11) [subject to Subsection (b-1),] an educational
59	59	facility that is integral to and inseparable from its sponsoring
60	60	religious organization or an educational facility both of which do
61	61	not provide custodial care for more than two hours maximum per day,
62	62	and that offers an educational program [programs] for children [age
63	63	four and above] in one or more of the following: prekindergarten
64	64	[preschool, kindergarten] through at least grade three, elementary
65	65	grades, or secondary grades;
66	66	(12) an emergency shelter facility providing shelter
67	67	to minor mothers who are the sole support of their natural children
68	68	under Section 32.201, Family Code, unless the facility would
69	69	otherwise require a license as a child-care facility under this
70	70	section;
71	71	(13) a juvenile detention facility certified under
72	72	Section 51.12, Family Code, a juvenile correctional facility
73	73	certified under Section 51.125, Family Code, a juvenile facility
74	74	providing services solely for the Texas Youth Commission, or any
75	75	other correctional facility for children operated or regulated by
76	76	another state agency or by a political subdivision of the state;
77	77	(14) an elementary-age (ages 5-13) recreation program
78	78	operated by a municipality provided the governing body of the
79	79	municipality annually adopts standards of care by ordinance after a
80	80	public hearing for such programs, that such standards are provided
81	81	to the parents of each program participant, and that the ordinances
82	82	shall include, at a minimum, staffing ratios, minimum staff
83	83	qualifications, minimum facility, health, and safety standards,
84	84	and mechanisms for monitoring and enforcing the adopted local
85	85	standards; and further provided that parents be informed that the
86	86	program is not licensed by the state and the program may not be
87	87	advertised as a child-care facility;
88	88	(15) an annual youth camp held in a municipality with a
89	89	population of more than 1.5 million that operates for not more than
90	90	three months and that has been operated for at least 10 years by a
91	91	nonprofit organization that provides care for the homeless; [or]
92	92	(16) a food distribution program that:
93	93	(A) serves an evening meal to children two years
94	94	of age or older; and
95	95	(B) is operated by a nonprofit food bank in a
96	96	nonprofit, religious, or educational facility for not more than two
97	97	hours a day on regular business days;
98	98	(17) a before-school or after-school program operated
99	99	by an educational facility that is accredited by the Texas
100	100	Education Agency, or an after-school program operated by an entity
101	101	under a contract with that educational facility, if the program:
102	102	(A) requires all children to be under the direct
103	103	supervision of a staff person at all times;
104	104	(B) requires all children to be signed in and out
105	105	by a staff person;
106	106	(C) requires a staff person to verify the
107	107	identity of a nonparent who takes possession of a child from the
108	108	program;
109	109	(D) requires all injuries or illnesses that
110	110	require medical attention to be reported to the principal of the
111	111	educational facility;
112	112	(E) maintains a written list of symptoms,
113	113	illnesses, and diseases that require exclusion from attendance;
114	114	(F) keeps all medications that are administered
115	115	to children in the program under locked control;
116	116	(G) requires training for all staff, including:
117	117	(i) a high school diploma, general
118	118	education development certificate, or certificate of high school
119	119	equivalency;
120	120	(ii) emergency procedures training;
121	121	(iii) 15 hours of training annually in
122	122	child development, health and safety, and discipline; and
123	123	(iv) field trip procedure training;
124	124	(H) requires monthly fire drills for the program;
125	125	and
126	126	(I) maintains records of the following:
127	127	(i) a list of all children in attendance
128	128	that is accurate at all times;
129	129	(ii) parent contact information that is
130	130	regularly updated to reflect the correct contact information;
131	131	(iii) a list for each child of the child's
132	132	allergies;
133	133	(iv) all reported injuries or illnesses;
134	134	(v) written parental permission for
135	135	transportation of a child;
136	136	(vi) written parental permission to
137	137	administer medication to a child;
138	138	(vii) the medications administered to a
139	139	child;
140	140	(viii) written parental permission to
141	141	obtain emergency medical care for a child; and
142	142	(ix) written parental permission for a
143	143	person who is a nonparent to take possession of a child from the
144	144	program; or
145	145	(18) a before-school or after-school program operated
146	146	by an educational facility that is accredited by the Southern
147	147	Association of Colleges and Schools or an accreditation body that
148	148	is a member of the Texas Private School Accreditation Commission,
149	149	or a before-school or after-school program operated by an entity
150	150	under contract with that educational facility if the Southern
151	151	Association of Colleges and Schools or the accreditation body that
152	152	is a member of the Texas Private School Accreditation Commission,
153	153	as applicable, has approved the curriculum content of the
154	154	before-school or after-school program.
155	155	SECTION 2. Section 42.054(c), Human Resources Code, is
156	156	amended to read as follows:
157	157	(c) The department shall charge each licensed child-care
158	158	facility an annual license fee in the amount of $35 plus $2 [$1] for
159	159	each child the child-care facility is permitted to serve. The fee
160	160	is due on the date on which the department issues the child-care
161	161	facility's initial license and on the anniversary of that date.
162	162	SECTION 3. Section 42.041(b-1), Human Resources Code, is
163	163	repealed.
164	164	SECTION 4. This Act takes effect September 1, 2009.