81R30404 UM-D
By: Hartnett, et al. H.B. No. 1540
Substitute the following for H.B. No. 1540:
By: Rose C.S.H.B. No. 1540
A BILL TO BE ENTITLED
AN ACT
relating to license requirements and fees for certain child-care
programs operated by public or private schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.041(b), Human Resources Code, is
amended to read as follows:
(b) This section does not apply to:
(1) a state-operated facility;
(2) an agency foster home or agency foster group home;
(3) a facility that is operated in connection with a
shopping center, business, religious organization, or
establishment where children are cared for during short periods
while parents or persons responsible for the children are attending
religious services, shopping, or engaging in other activities on or
near the premises, including but not limited to retreats or classes
for religious instruction;
(4) a school or class for religious instruction that
does not last longer than two weeks and is conducted by a religious
organization during the summer months;
(5) a youth camp licensed by the Department of State
Health Services;
(6) a facility licensed, operated, certified, or
registered by another state agency;
(7) [subject to Subsection (b-1),] an educational
facility that is accredited by the Texas Education Agency, the
Southern Association of Colleges and Schools, or an accreditation
body that is a member of the Texas Private School Accreditation
Commission and that operates primarily for educational purposes in
grades prekindergarten [kindergarten] and above[, an after-school
program operated directly by an accredited educational facility, or
an after-school program operated by another entity under contract
with the educational facility, if the Texas Education Agency, the
Southern Association of Colleges and Schools, or the other
accreditation body, as applicable, has approved the curriculum
content of the after-school program operated under the contract];
(8) an educational facility that operates solely for
educational purposes for children in prekindergarten [grades
kindergarten] through at least grade two, that does not provide
custodial care for more than one hour during the hours before or
after the customary school day, and that is a member of an
organization that promulgates, publishes, and requires compliance
with health, safety, fire, and sanitation standards equal to
standards required by state, municipal, and county codes;
(9) a prekindergarten or kindergarten [or preschool]
educational program that is operated as part of a public school or a
private school accredited by the Texas Education Agency, that
offers educational programs through grade six, and that does not
provide custodial care during the hours before or after the
customary school day;
(10) a family home, whether registered or listed;
(11) [subject to Subsection (b-1),] an educational
facility that is integral to and inseparable from its sponsoring
religious organization or an educational facility both of which do
not provide custodial care for more than two hours maximum per day,
and that offers an educational program [programs] for children [age
four and above] in one or more of the following: prekindergarten
[preschool, kindergarten] through at least grade three, elementary
grades, or secondary grades;
(12) an emergency shelter facility providing shelter
to minor mothers who are the sole support of their natural children
under Section 32.201, Family Code, unless the facility would
otherwise require a license as a child-care facility under this
section;
(13) a juvenile detention facility certified under
Section 51.12, Family Code, a juvenile correctional facility
certified under Section 51.125, Family Code, a juvenile facility
providing services solely for the Texas Youth Commission, or any
other correctional facility for children operated or regulated by
another state agency or by a political subdivision of the state;
(14) an elementary-age (ages 5-13) recreation program
operated by a municipality provided the governing body of the
municipality annually adopts standards of care by ordinance after a
public hearing for such programs, that such standards are provided
to the parents of each program participant, and that the ordinances
shall include, at a minimum, staffing ratios, minimum staff
qualifications, minimum facility, health, and safety standards,
and mechanisms for monitoring and enforcing the adopted local
standards; and further provided that parents be informed that the
program is not licensed by the state and the program may not be
advertised as a child-care facility;
(15) an annual youth camp held in a municipality with a
population of more than 1.5 million that operates for not more than
three months and that has been operated for at least 10 years by a
nonprofit organization that provides care for the homeless; [or]
(16) a food distribution program that:
(A) serves an evening meal to children two years
of age or older; and
(B) is operated by a nonprofit food bank in a
nonprofit, religious, or educational facility for not more than two
hours a day on regular business days;
(17) a before-school or after-school program operated
by an educational facility that is accredited by the Texas
Education Agency, or an after-school program operated by an entity
under a contract with that educational facility, if the program:
(A) requires all children to be under the direct
supervision of a staff person at all times;
(B) requires all children to be signed in and out
by a staff person;
(C) requires a staff person to verify the
identity of a nonparent who takes possession of a child from the
program;
(D) requires all injuries or illnesses that
require medical attention to be reported to the principal of the
educational facility;
(E) maintains a written list of symptoms,
illnesses, and diseases that require exclusion from attendance;
(F) keeps all medications that are administered
to children in the program under locked control;
(G) requires training for all staff, including:
(i) a high school diploma, general
education development certificate, or certificate of high school
equivalency;
(ii) emergency procedures training;
(iii) 15 hours of training annually in
child development, health and safety, and discipline; and
(iv) field trip procedure training;
(H) requires monthly fire drills for the program;
and
(I) maintains records of the following:
(i) a list of all children in attendance
that is accurate at all times;
(ii) parent contact information that is
regularly updated to reflect the correct contact information;
(iii) a list for each child of the child's
allergies;
(iv) all reported injuries or illnesses;
(v) written parental permission for
transportation of a child;
(vi) written parental permission to
administer medication to a child;
(vii) the medications administered to a
child;
(viii) written parental permission to
obtain emergency medical care for a child; and
(ix) written parental permission for a
person who is a nonparent to take possession of a child from the
program; or
(18) a before-school or after-school program operated
by an educational facility that is accredited by the Southern
Association of Colleges and Schools or an accreditation body that
is a member of the Texas Private School Accreditation Commission,
or a before-school or after-school program operated by an entity
under contract with that educational facility if the Southern
Association of Colleges and Schools or the accreditation body that
is a member of the Texas Private School Accreditation Commission,
as applicable, has approved the curriculum content of the
before-school or after-school program.
SECTION 2. Section 42.054(c), Human Resources Code, is
amended to read as follows:
(c) The department shall charge each licensed child-care
facility an annual license fee in the amount of $35 plus $2 [$1] for
each child the child-care facility is permitted to serve. The fee
is due on the date on which the department issues the child-care
facility's initial license and on the anniversary of that date.
SECTION 3. Section 42.041(b-1), Human Resources Code, is
repealed.
SECTION 4. This Act takes effect September 1, 2009.