Texas 2009 - 81st Regular

Texas House Bill HB2590 Compare Versions

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

Old	New	Differences
1	1	81R2620 UM-D
2	2	By: Truitt H.B. No. 2590
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:
42	42	(A) operates solely for educational purposes:
43	43	(i) in grades kindergarten through at least
44	44	grade two; or
45	45	(ii) using an internationally recognized
46	46	method for educating children in a prepared environment with mixed
47	47	age groups, in kindergarten through at least grade two and, at the
48	48	facility's option, in a preschool educational program for children
49	49	between 18 months of age and three years of age;
50	50	(B) [, that] does not provide custodial care for
51	51	more than one hour during the hours before or after the customary
52	52	school day;[,] and
53	53	(C) [that] is a member of an organization that
54	54	promulgates, publishes, and requires compliance with health,
55	55	safety, fire, and sanitation standards equal to standards required
56	56	by state, municipal, and county codes;
57	57	(9) a kindergarten or preschool educational program
58	58	that is operated as part of a public school or a private school
59	59	accredited by the Texas Education Agency, that offers educational
60	60	programs through grade six, and that does not provide custodial
61	61	care during the hours before or after the customary school day;
62	62	(10) a family home, whether registered or listed;
63	63	(11) subject to Subsection (b-1), an educational
64	64	facility that is integral to and inseparable from its sponsoring
65	65	religious organization or an educational facility both of which do
66	66	not provide custodial care for more than two hours maximum per day,
67	67	and that offers educational programs for children age four and
68	68	above in one or more of the following: preschool, kindergarten
69	69	through at least grade three, elementary, or secondary grades;
70	70	(12) an emergency shelter facility providing shelter
71	71	to minor mothers who are the sole support of their natural children
72	72	under Section 32.201, Family Code, unless the facility would
73	73	otherwise require a license as a child-care facility under this
74	74	section;
75	75	(13) a juvenile detention facility certified under
76	76	Section 51.12, Family Code, a juvenile correctional facility
77	77	certified under Section 51.125, Family Code, a juvenile facility
78	78	providing services solely for the Texas Youth Commission, or any
79	79	other correctional facility for children operated or regulated by
80	80	another state agency or by a political subdivision of the state;
81	81	(14) an elementary-age (ages 5-13) recreation program
82	82	operated by a municipality provided the governing body of the
83	83	municipality annually adopts standards of care by ordinance after a
84	84	public hearing for such programs, that such standards are provided
85	85	to the parents of each program participant, and that the ordinances
86	86	shall include, at a minimum, staffing ratios, minimum staff
87	87	qualifications, minimum facility, health, and safety standards,
88	88	and mechanisms for monitoring and enforcing the adopted local
89	89	standards; and further provided that parents be informed that the
90	90	program is not licensed by the state and the program may not be
91	91	advertised as a child-care facility;
92	92	(15) an annual youth camp held in a municipality with a
93	93	population of more than 1.5 million that operates for not more than
94	94	three months and that has been operated for at least 10 years by a
95	95	nonprofit organization that provides care for the homeless; or
96	96	(16) a food distribution program that:
97	97	(A) serves an evening meal to children two years
98	98	of age or older; and
99	99	(B) is operated by a nonprofit food bank in a
100	100	nonprofit, religious, or educational facility for not more than two
101	101	hours a day on regular business days.
102	102	SECTION 2. This Act takes effect immediately if it receives
103	103	a vote of two-thirds of all the members elected to each house, as
104	104	provided by Section 39, Article III, Texas Constitution. If this
105	105	Act does not receive the vote necessary for immediate effect, this
106	106	Act takes effect September 1, 2009.