Texas 2013 - 83rd Regular

Texas House Bill HB1452 Compare Versions

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1	1	83R20577 YDB-D
2	2	By: N. Gonzalez of El Paso H.B. No. 1452
3	3	Substitute the following for H.B. No. 1452:
4	4	By: Raymond C.S.H.B. No. 1452
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an exemption for certain facilities that provide
10	10	shelter and care to child victims of human trafficking from
11	11	child-care licensing requirements.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 42.041(b), Human Resources Code, is
14	14	amended to read as follows:
15	15	(b) This section does not apply to:
16	16	(1) a state-operated facility;
17	17	(2) an agency foster home or agency foster group home;
18	18	(3) a facility that is operated in connection with a
19	19	shopping center, business, religious organization, or
20	20	establishment where children are cared for during short periods
21	21	while parents or persons responsible for the children are attending
22	22	religious services, shopping, or engaging in other activities,
23	23	including retreats or classes for religious instruction, on or near
24	24	the premises, that does not advertise as a child-care facility or
25	25	day-care center, and that informs parents that it is not licensed by
26	26	the state;
27	27	(4) a school or class for religious instruction that
28	28	does not last longer than two weeks and is conducted by a religious
29	29	organization during the summer months;
30	30	(5) a youth camp licensed by the Department of State
31	31	Health Services;
32	32	(6) a facility licensed, operated, certified, or
33	33	registered by another state agency;
34	34	(7) an educational facility that is accredited by the
35	35	Texas Education Agency, the Southern Association of Colleges and
36	36	Schools, or an accreditation body that is a member of the Texas
37	37	Private School Accreditation Commission and that operates
38	38	primarily for educational purposes for prekindergarten and above, a
39	39	before-school or after-school program operated directly by an
40	40	accredited educational facility, or a before-school or
41	41	after-school program operated by another entity under contract with
42	42	the educational facility, if the Texas Education Agency, the
43	43	Southern Association of Colleges and Schools, or the other
44	44	accreditation body, as applicable, has approved the curriculum
45	45	content of the before-school or after-school program operated under
46	46	the contract;
47	47	(8) an educational facility that operates solely for
48	48	educational purposes for prekindergarten through at least grade
49	49	two, that does not provide custodial care for more than one hour
50	50	during the hours before or after the customary school day, and that
51	51	is a member of an organization that promulgates, publishes, and
52	52	requires compliance with health, safety, fire, and sanitation
53	53	standards equal to standards required by state, municipal, and
54	54	county codes;
55	55	(9) a kindergarten or preschool educational program
56	56	that is operated as part of a public school or a private school
57	57	accredited by the Texas Education Agency, that offers educational
58	58	programs through grade six, and that does not provide custodial
59	59	care during the hours before or after the customary school day;
60	60	(10) a family home, whether registered or listed;
61	61	(11) an educational facility that is integral to and
62	62	inseparable from its sponsoring religious organization or an
63	63	educational facility both of which do not provide custodial care
64	64	for more than two hours maximum per day, and that offers an
65	65	educational program in one or more of the
66	66	following: prekindergarten through at least grade three,
67	67	elementary grades, or secondary grades;
68	68	(12) an emergency shelter facility providing shelter
69	69	to minor mothers who are the sole support of their natural children
70	70	under Section 32.201, Family Code, unless the facility would
71	71	otherwise require a license as a child-care facility under this
72	72	section;
73	73	(13) a juvenile detention facility certified under
74	74	Section 51.12, Family Code, a juvenile correctional facility
75	75	certified under Section 51.125, Family Code, a juvenile facility
76	76	providing services solely for the Texas Juvenile Justice Department
77	77	[Youth Commission], or any other correctional facility for children
78	78	operated or regulated by another state agency or by a political
79	79	subdivision of the state;
80	80	(14) an elementary-age (ages 5-13) recreation program
81	81	operated by a municipality provided the governing body of the
82	82	municipality annually adopts standards of care by ordinance after a
83	83	public hearing for such programs, that such standards are provided
84	84	to the parents of each program participant, and that the ordinances
85	85	shall include, at a minimum, staffing ratios, minimum staff
86	86	qualifications, minimum facility, health, and safety standards,
87	87	and mechanisms for monitoring and enforcing the adopted local
88	88	standards; and further provided that parents be informed that the
89	89	program is not licensed by the state and the program may not be
90	90	advertised as a child-care facility;
91	91	(15) an annual youth camp held in a municipality with a
92	92	population of more than 1.5 million that operates for not more than
93	93	three months and that has been operated for at least 10 years by a
94	94	nonprofit organization that provides care for the homeless;
95	95	(16) a food distribution program that:
96	96	(A) serves an evening meal to children two years
97	97	of age or older; and
98	98	(B) is operated by a nonprofit food bank in a
99	99	nonprofit, religious, or educational facility for not more than two
100	100	hours a day on regular business days;
101	101	(17) a child-care facility that operates for less than
102	102	three consecutive weeks and less than 40 days in a period of 12
103	103	months;
104	104	(18) a program:
105	105	(A) in which a child receives direct instruction
106	106	in a single skill, talent, ability, expertise, or proficiency;
107	107	(B) that does not provide services or offerings
108	108	that are not directly related to the single talent, ability,
109	109	expertise, or proficiency;
110	110	(C) that does not advertise or otherwise
111	111	represent that the program is a child-care facility, day-care
112	112	center, or licensed before-school or after-school program or that
113	113	the program offers child-care services;
114	114	(D) that informs the parent or guardian:
115	115	(i) that the program is not licensed by the
116	116	state; and
117	117	(ii) about the physical risks a child may
118	118	face while participating in the program; and
119	119	(E) that conducts background checks for all
120	120	program employees and volunteers who work with children in the
121	121	program using information that is obtained from the Department of
122	122	Public Safety;
123	123	(19) an elementary-age (ages 5-13) recreation program
124	124	that:
125	125	(A) adopts standards of care, including
126	126	standards relating to staff ratios, staff training, health, and
127	127	safety;
128	128	(B) provides a mechanism for monitoring and
129	129	enforcing the standards and receiving complaints from parents of
130	130	enrolled children;
131	131	(C) does not advertise as or otherwise represent
132	132	the program as a child-care facility, day-care center, or licensed
133	133	before-school or after-school program or that the program offers
134	134	child-care services;
135	135	(D) informs parents that the program is not
136	136	licensed by the state;
137	137	(E) is organized as a nonprofit organization or
138	138	is located on the premises of a participant's residence;
139	139	(F) does not accept any remuneration other than a
140	140	nominal annual membership fee;
141	141	(G) does not solicit donations as compensation or
142	142	payment for any good or service provided as part of the program; and
143	143	(H) conducts background checks for all program
144	144	employees and volunteers who work with children in the program
145	145	using information that is obtained from the Department of Public
146	146	Safety;
147	147	(20) a living arrangement in a caretaker's home
148	148	involving one or more children or a sibling group, excluding
149	149	children who are related to the caretaker, in which the caretaker:
150	150	(A) had a prior relationship with the child or
151	151	sibling group or other family members of the child or sibling group;
152	152	(B) does not care for more than one unrelated
153	153	child or sibling group;
154	154	(C) does not receive compensation or solicit
155	155	donations for the care of the child or sibling group; and
156	156	(D) has a written agreement with the parent to
157	157	care for the child or sibling group;
158	158	(21) a living arrangement in a caretaker's home
159	159	involving one or more children or a sibling group, excluding
160	160	children who are related to the caretaker, in which:
161	161	(A) the department is the managing conservator of
162	162	the child or sibling group;
163	163	(B) the department placed the child or sibling
164	164	group in the caretaker's home; and
165	165	(C) the caretaker had a long-standing and
166	166	significant relationship with the child or sibling group before the
167	167	child or sibling group was placed with the caretaker; [or]
168	168	(22) a living arrangement in a caretaker's home
169	169	involving one or more children or a sibling group, excluding
170	170	children who are related to the caretaker, in which the child is in
171	171	the United States on a time-limited visa under the sponsorship of
172	172	the caretaker or of a sponsoring organization; or
173	173	(23) an emergency shelter facility that:
174	174	(A) provides emergency shelter, care, and
175	175	services for not more than 15 days to children 13 years of age or
176	176	older but younger than 18 years of age who are victims or potential
177	177	victims of human trafficking; and
178	178	(B) is operated by a nonprofit organization that:
179	179	(i) is licensed by or is operated under an
180	180	agreement with a state or federal agency and is located in a
181	181	municipality with a population of at least 600,000 that is in a
182	182	county on an international border; or
183	183	(ii) meets the eligibility requirement
184	184	under Section 51.005(b)(3).
185	185	SECTION 2. This Act takes effect September 1, 2013.