Texas 2013 - 83rd Regular

Texas House Bill HB743 Compare Versions

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1	1	83R20793 JSL-D
2	2	By: Miller of Fort Bend, Hughes H.B. No. 743
3	3	Substitute the following for H.B. No. 743:
4	4	By: Raymond C.S.H.B. No. 743
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of certain child-care facilities;
10	10	increasing a fee.
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,
22	22	including retreats or classes for religious instruction, on or near
23	23	the premises, that does not advertise as a child-care facility or
24	24	day-care center, and that informs parents that it is not licensed by
25	25	the state;
26	26	(4) a school or class for religious instruction that
27	27	does not last longer than two weeks and is conducted by a religious
28	28	organization during the summer months;
29	29	(5) a youth camp licensed by the Department of State
30	30	Health Services;
31	31	(6) a facility licensed, operated, certified, or
32	32	registered by another state agency;
33	33	(7) an educational facility that is accredited by the
34	34	Texas Education Agency, the Southern Association of Colleges and
35	35	Schools, or an accreditation body that is a member of the Texas
36	36	Private School Accreditation Commission and that operates
37	37	primarily for educational purposes for prekindergarten and above,
38	38	or a before-school or after-school program operated directly by an
39	39	accredited nonpublic educational facility [, or a before-school or
40	40	after-school program operated by another entity under contract with
41	41	the educational facility, if the Texas Education Agency, the
42	42	Southern Association of Colleges and Schools, or the other
43	43	accreditation body, as applicable, has approved the curriculum
44	44	content of the before-school or after-school program operated under
45	45	the contract];
46	46	(8) an educational facility that operates solely for
47	47	educational purposes for prekindergarten through at least grade
48	48	two, that does not provide custodial care for more than one hour
49	49	during the hours before or after the customary school day, and that
50	50	is a member of an organization that promulgates, publishes, and
51	51	requires compliance with health, safety, fire, and sanitation
52	52	standards equal to standards required by state, municipal, and
53	53	county codes;
54	54	(9) a kindergarten or preschool educational program
55	55	that is operated as part of a public school or a private school
56	56	accredited by the Texas Education Agency, that offers educational
57	57	programs through grade six, and that does not provide custodial
58	58	care during the hours before or after the customary school day;
59	59	(10) a family home, whether registered or listed;
60	60	(11) an educational facility that is integral to and
61	61	inseparable from its sponsoring religious organization or an
62	62	educational facility both of which do not provide custodial care
63	63	for more than two hours maximum per day, and that offers an
64	64	educational program in one or more of the
65	65	following: prekindergarten through at least grade three,
66	66	elementary grades, or secondary grades;
67	67	(12) an emergency shelter facility providing shelter
68	68	to minor mothers who are the sole support of their natural children
69	69	under Section 32.201, Family Code, unless the facility would
70	70	otherwise require a license as a child-care facility under this
71	71	section;
72	72	(13) a juvenile detention facility certified under
73	73	Section 51.12, Family Code, a juvenile correctional facility
74	74	certified under Section 51.125, Family Code, a juvenile facility
75	75	providing services solely for the Texas Juvenile Justice Department
76	76	[Youth Commission], or any other correctional facility for children
77	77	operated or regulated by another state agency or by a political
78	78	subdivision of the state;
79	79	(14) an elementary-age (ages 5-13) recreation program
80	80	operated by a municipality provided the governing body of the
81	81	municipality annually adopts standards of care by ordinance after a
82	82	public hearing for such programs, that such standards are provided
83	83	to the parents of each program participant, and that the ordinances
84	84	shall include, at a minimum, staffing ratios, minimum staff
85	85	qualifications, minimum facility, health, and safety standards,
86	86	and mechanisms for monitoring and enforcing the adopted local
87	87	standards; and further provided that parents be informed that the
88	88	program is not licensed by the state and the program may not be
89	89	advertised as a child-care facility;
90	90	(15) an annual youth camp held in a municipality with a
91	91	population of more than 1.5 million that operates for not more than
92	92	three months and that has been operated for at least 10 years by a
93	93	nonprofit organization that provides care for the homeless;
94	94	(16) a food distribution program that:
95	95	(A) serves an evening meal to children two years
96	96	of age or older; and
97	97	(B) is operated by a nonprofit food bank in a
98	98	nonprofit, religious, or educational facility for not more than two
99	99	hours a day on regular business days;
100	100	(17) a child-care facility that operates for less than
101	101	three consecutive weeks and less than 40 days in a period of 12
102	102	months;
103	103	(18) a program:
104	104	(A) in which a child receives direct instruction
105	105	in a single skill, talent, ability, expertise, or proficiency;
106	106	(B) that does not provide services or offerings
107	107	that are not directly related to the single talent, ability,
108	108	expertise, or proficiency;
109	109	(C) that does not advertise or otherwise
110	110	represent that the program is a child-care facility, day-care
111	111	center, or licensed before-school or after-school program or that
112	112	the program offers child-care services;
113	113	(D) that informs the parent or guardian:
114	114	(i) that the program is not licensed by the
115	115	state; and
116	116	(ii) about the physical risks a child may
117	117	face while participating in the program; and
118	118	(E) that conducts background checks for all
119	119	program employees and volunteers who work with children in the
120	120	program using information that is obtained from the Department of
121	121	Public Safety;
122	122	(19) an elementary-age (ages 5-13) recreation program
123	123	that:
124	124	(A) adopts standards of care, including
125	125	standards relating to staff ratios, staff training, health, and
126	126	safety;
127	127	(B) provides a mechanism for monitoring and
128	128	enforcing the standards and receiving complaints from parents of
129	129	enrolled children;
130	130	(C) does not advertise as or otherwise represent
131	131	the program as a child-care facility, day-care center, or licensed
132	132	before-school or after-school program or that the program offers
133	133	child-care services;
134	134	(D) informs parents that the program is not
135	135	licensed by the state;
136	136	(E) is organized as a nonprofit organization or
137	137	is located on the premises of a participant's residence;
138	138	(F) does not accept any remuneration other than a
139	139	nominal annual membership fee;
140	140	(G) does not solicit donations as compensation or
141	141	payment for any good or service provided as part of the program; and
142	142	(H) conducts background checks for all program
143	143	employees and volunteers who work with children in the program
144	144	using information that is obtained from the Department of Public
145	145	Safety;
146	146	(20) a living arrangement in a caretaker's home
147	147	involving one or more children or a sibling group, excluding
148	148	children who are related to the caretaker, in which the caretaker:
149	149	(A) had a prior relationship with the child or
150	150	sibling group or other family members of the child or sibling group;
151	151	(B) does not care for more than one unrelated
152	152	child or sibling group;
153	153	(C) does not receive compensation or solicit
154	154	donations for the care of the child or sibling group; and
155	155	(D) has a written agreement with the parent to
156	156	care for the child or sibling group;
157	157	(21) a living arrangement in a caretaker's home
158	158	involving one or more children or a sibling group, excluding
159	159	children who are related to the caretaker, in which:
160	160	(A) the department is the managing conservator of
161	161	the child or sibling group;
162	162	(B) the department placed the child or sibling
163	163	group in the caretaker's home; and
164	164	(C) the caretaker had a long-standing and
165	165	significant relationship with the child or sibling group before the
166	166	child or sibling group was placed with the caretaker; [or]
167	167	(22) a living arrangement in a caretaker's home
168	168	involving one or more children or a sibling group, excluding
169	169	children who are related to the caretaker, in which the child is in
170	170	the United States on a time-limited visa under the sponsorship of
171	171	the caretaker or of a sponsoring organization; or
172	172	(23) a before-school or after-school program, child
173	173	care, or other extended day activity that is provided directly by a
174	174	public school without charging tuition or an enrollment fee.
175	175	SECTION 2. Section 42.044, Human Resources Code, is amended
176	176	by adding Subsection (b-3) to read as follows:
177	177	(b-3) Notwithstanding Subsection (b), the department is
178	178	required to inspect only as necessary a licensed before-school or
179	179	after-school program operated directly by an educational facility
180	180	accredited by the Texas Education Agency and that operates
181	181	primarily for educational purposes for prekindergarten and above.
182	182	SECTION 3. Section 42.054(c), Human Resources Code, is
183	183	amended to read as follows:
184	184	(c) The department shall charge each licensed child-care
185	185	facility an annual license fee in the amount of $35 plus $2 [$1] for
186	186	each child the child-care facility is permitted to serve. The fee
187	187	is due on the date on which the department issues the child-care
188	188	facility's initial license and on the anniversary of that date.
189	189	SECTION 4. This Act takes effect September 1, 2013.