Texas 2009 - 81st Regular

Texas Senate Bill SB773 Compare Versions

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

Old	New	Differences
1	1	81R3997 UM-D
2	2	By: Lucio S.B. No. 773
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to licensing requirements of the Department of Family and
8	8	Protective Services for certain facilities and homes providing
9	9	child care.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 42.002, Human Resources Code, is amended
12	12	by adding Subdivision (20) to read as follows:
13	13	(20) "Before-school and after-school program" means a
14	14	child-care facility that provides care before and after the
15	15	customary school day and during school holidays, for at least two
16	16	hours a day, three days a week, to children who attend
17	17	prekindergarten through grade six.
18	18	SECTION 2. The heading to Section 42.041, Human Resources
19	19	Code, is amended to read as follows:
20	20	Sec. 42.041. REQUIRED LICENSE [OR ACCREDITATION].
21	21	SECTION 3. Section 42.041(b), Human Resources Code, is
22	22	amended to read as follows:
23	23	(b) This section does not apply to:
24	24	(1) a state-operated facility;
25	25	(2) an agency foster home or agency foster group home;
26	26	(3) a facility that is operated in connection with a
27	27	shopping center, business, religious organization, or
28	28	establishment where children are cared for during short periods
29	29	while parents or persons responsible for the children are attending
30	30	religious services, shopping, or engaging in other activities on or
31	31	near the premises, including but not limited to retreats or classes
32	32	for religious instruction;
33	33	(4) a school or class for religious instruction that
34	34	does not last longer than two weeks and is conducted by a religious
35	35	organization during the summer months;
36	36	(5) a youth camp licensed by the Department of State
37	37	Health Services;
38	38	(6) a facility licensed, operated, certified, or
39	39	registered by another state agency;
40	40	(7) [subject to Subsection (b-1),] an educational
41	41	facility that is accredited by the Texas Education Agency, the
42	42	Southern Association of Colleges and Schools, or an accreditation
43	43	body that is a member of the Texas Private School Accreditation
44	44	Commission and that operates primarily for educational purposes
45	45	for prekindergarten [in grades kindergarten] and above, a
46	46	before-school and [an] after-school program operated directly by an
47	47	accredited educational facility, or a before-school and [an]
48	48	after-school program operated by another entity under contract with
49	49	the educational facility, if the Texas Education Agency, the
50	50	Southern Association of Colleges and Schools, or the other
51	51	accreditation body, as applicable, has approved the curriculum
52	52	content of the before-school and after-school program operated
53	53	under the contract;
54	54	(8) an educational facility that operates solely for
55	55	educational purposes in grades kindergarten through at least grade
56	56	two, that does not provide custodial care for more than one hour
57	57	during the hours before or after the customary school day, and that
58	58	is a member of an organization that promulgates, publishes, and
59	59	requires compliance with health, safety, fire, and sanitation
60	60	standards equal to standards required by state, municipal, and
61	61	county codes;
62	62	(9) a kindergarten or preschool educational program
63	63	that is operated as part of a public school or a private school
64	64	accredited by the Texas Education Agency, that offers educational
65	65	programs through grade six, and that does not provide custodial
66	66	care during the hours before or after the customary school day;
67	67	(10) a family home, whether registered or listed;
68	68	(11) [subject to Subsection (b-1),] an educational
69	69	facility that is integral to and inseparable from its sponsoring
70	70	religious organization or an educational facility both of which do
71	71	not provide custodial care for more than two hours maximum per day,
72	72	and that offers an educational program [programs for children age
73	73	four and above] in one or more of the following: prekindergarten
74	74	[preschool, kindergarten] through at least grade three, elementary
75	75	grades, or secondary grades;
76	76	(12) an emergency shelter facility providing shelter
77	77	to minor mothers who are the sole support of their natural children
78	78	under Section 32.201, Family Code, unless the facility would
79	79	otherwise require a license as a child-care facility under this
80	80	section;
81	81	(13) a juvenile detention facility certified under
82	82	Section 51.12, Family Code, a juvenile correctional facility
83	83	certified under Section 51.125, Family Code, a juvenile facility
84	84	providing services solely for the Texas Youth Commission, or any
85	85	other correctional facility for children operated or regulated by
86	86	another state agency or by a political subdivision of the state;
87	87	(14) an elementary-age (ages 5-13) recreation program
88	88	operated by a municipality provided the governing body of the
89	89	municipality annually adopts standards of care by ordinance after a
90	90	public hearing for such programs, that such standards are provided
91	91	to the parents of each program participant, and that the ordinances
92	92	shall include, at a minimum, staffing ratios, minimum staff
93	93	qualifications, minimum facility, health, and safety standards,
94	94	and mechanisms for monitoring and enforcing the adopted local
95	95	standards; and further provided that parents be informed that the
96	96	program is not licensed by the state and the program may not be
97	97	advertised as a child-care facility;
98	98	(15) an annual youth camp held in a municipality with a
99	99	population of more than 1.5 million that operates for not more than
100	100	three months and that has been operated for at least 10 years by a
101	101	nonprofit organization that provides care for the homeless; or
102	102	(16) a food distribution program that:
103	103	(A) serves an evening meal to children two years
104	104	of age or older; and
105	105	(B) is operated by a nonprofit food bank in a
106	106	nonprofit, religious, or educational facility for not more than two
107	107	hours a day on regular business days.
108	108	SECTION 4. Section 42.041(b-1), Human Resources Code, is
109	109	repealed.
110	110	SECTION 5. This Act takes effect September 1, 2009.