Texas 2013 - 83rd Regular

Texas Senate Bill SB353 Compare Versions

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1	1	By: West S.B. No. 353
2	2	(Dukes)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the ability of an emergency shelter facility to provide
8	8	shelter or care for an unaccompanied minor without a license.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (b), Section 42.041, Human Resources
11	11	Code, is 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,
20	20	including retreats or classes for religious instruction, on or near
21	21	the premises, that does not advertise as a child-care facility or
22	22	day-care center, and that informs parents that it is not licensed by
23	23	the state;
24	24	(4) a school or class for religious instruction that
25	25	does not last longer than two weeks and is conducted by a religious
26	26	organization during the summer months;
27	27	(5) a youth camp licensed by the Department of State
28	28	Health Services;
29	29	(6) a facility licensed, operated, certified, or
30	30	registered by another state agency;
31	31	(7) an educational facility that is accredited by the
32	32	Texas Education Agency, the Southern Association of Colleges and
33	33	Schools, or an accreditation body that is a member of the Texas
34	34	Private School Accreditation Commission and that operates
35	35	primarily for educational purposes for prekindergarten and above, a
36	36	before-school or after-school program operated directly by an
37	37	accredited educational facility, or a before-school or
38	38	after-school program operated by another entity under contract with
39	39	the educational facility, if the Texas Education Agency, the
40	40	Southern Association of Colleges and Schools, or the other
41	41	accreditation body, as applicable, has approved the curriculum
42	42	content of the before-school or after-school program operated under
43	43	the contract;
44	44	(8) an educational facility that operates solely for
45	45	educational purposes for prekindergarten through at least grade
46	46	two, that does not provide custodial care for more than one hour
47	47	during the hours before or after the customary school day, and that
48	48	is a member of an organization that promulgates, publishes, and
49	49	requires compliance with health, safety, fire, and sanitation
50	50	standards equal to standards required by state, municipal, and
51	51	county codes;
52	52	(9) a kindergarten or preschool educational program
53	53	that is operated as part of a public school or a private school
54	54	accredited by the Texas Education Agency, that offers educational
55	55	programs through grade six, and that does not provide custodial
56	56	care during the hours before or after the customary school day;
57	57	(10) a family home, whether registered or listed;
58	58	(11) an educational facility that is integral to and
59	59	inseparable from its sponsoring religious organization or an
60	60	educational facility both of which do not provide custodial care
61	61	for more than two hours maximum per day, and that offers an
62	62	educational program in one or more of the
63	63	following: prekindergarten through at least grade three,
64	64	elementary grades, or secondary grades;
65	65	(12) an emergency shelter facility, other than a
66	66	facility that would otherwise require a license as a child-care
67	67	facility under this section, that provides [providing] shelter or
68	68	care to a minor and the minor's child or [mothers who are the sole
69	69	support of their natural] children, if any, under Section 32.201,
70	70	Family Code, if the facility:
71	71	(A) is currently under a contract with a state or
72	72	federal agency; or
73	73	(B) meets the requirements listed under Section
74	74	51.005(b)(3) [unless the facility would otherwise require a license
75	75	as a child-care facility under this section];
76	76	(13) a juvenile detention facility certified under
77	77	Section 51.12, Family Code, a juvenile correctional facility
78	78	certified under Section 51.125, Family Code, a juvenile facility
79	79	providing services solely for the Texas Juvenile Justice Department
80	80	[Youth Commission], or any other correctional facility for children
81	81	operated or regulated by another state agency or by a political
82	82	subdivision of the state;
83	83	(14) an elementary-age (ages 5-13) recreation program
84	84	operated by a municipality provided the governing body of the
85	85	municipality annually adopts standards of care by ordinance after a
86	86	public hearing for such programs, that such standards are provided
87	87	to the parents of each program participant, and that the ordinances
88	88	shall include, at a minimum, staffing ratios, minimum staff
89	89	qualifications, minimum facility, health, and safety standards,
90	90	and mechanisms for monitoring and enforcing the adopted local
91	91	standards; and further provided that parents be informed that the
92	92	program is not licensed by the state and the program may not be
93	93	advertised as a child-care facility;
94	94	(15) an annual youth camp held in a municipality with a
95	95	population of more than 1.5 million that operates for not more than
96	96	three months and that has been operated for at least 10 years by a
97	97	nonprofit organization that provides care for the homeless;
98	98	(16) a food distribution program that:
99	99	(A) serves an evening meal to children two years
100	100	of age or older; and
101	101	(B) is operated by a nonprofit food bank in a
102	102	nonprofit, religious, or educational facility for not more than two
103	103	hours a day on regular business days;
104	104	(17) a child-care facility that operates for less than
105	105	three consecutive weeks and less than 40 days in a period of 12
106	106	months;
107	107	(18) a program:
108	108	(A) in which a child receives direct instruction
109	109	in a single skill, talent, ability, expertise, or proficiency;
110	110	(B) that does not provide services or offerings
111	111	that are not directly related to the single talent, ability,
112	112	expertise, or proficiency;
113	113	(C) that does not advertise or otherwise
114	114	represent that the program is a child-care facility, day-care
115	115	center, or licensed before-school or after-school program or that
116	116	the program offers child-care services;
117	117	(D) that informs the parent or guardian:
118	118	(i) that the program is not licensed by the
119	119	state; and
120	120	(ii) about the physical risks a child may
121	121	face while participating in the program; and
122	122	(E) that conducts background checks for all
123	123	program employees and volunteers who work with children in the
124	124	program using information that is obtained from the Department of
125	125	Public Safety;
126	126	(19) an elementary-age (ages 5-13) recreation program
127	127	that:
128	128	(A) adopts standards of care, including
129	129	standards relating to staff ratios, staff training, health, and
130	130	safety;
131	131	(B) provides a mechanism for monitoring and
132	132	enforcing the standards and receiving complaints from parents of
133	133	enrolled children;
134	134	(C) does not advertise as or otherwise represent
135	135	the program as a child-care facility, day-care center, or licensed
136	136	before-school or after-school program or that the program offers
137	137	child-care services;
138	138	(D) informs parents that the program is not
139	139	licensed by the state;
140	140	(E) is organized as a nonprofit organization or
141	141	is located on the premises of a participant's residence;
142	142	(F) does not accept any remuneration other than a
143	143	nominal annual membership fee;
144	144	(G) does not solicit donations as compensation or
145	145	payment for any good or service provided as part of the program; and
146	146	(H) conducts background checks for all program
147	147	employees and volunteers who work with children in the program
148	148	using information that is obtained from the Department of Public
149	149	Safety;
150	150	(20) a living arrangement in a caretaker's home
151	151	involving one or more children or a sibling group, excluding
152	152	children who are related to the caretaker, in which the caretaker:
153	153	(A) had a prior relationship with the child or
154	154	sibling group or other family members of the child or sibling group;
155	155	(B) does not care for more than one unrelated
156	156	child or sibling group;
157	157	(C) does not receive compensation or solicit
158	158	donations for the care of the child or sibling group; and
159	159	(D) has a written agreement with the parent to
160	160	care for the child or sibling group;
161	161	(21) a living arrangement in a caretaker's home
162	162	involving one or more children or a sibling group, excluding
163	163	children who are related to the caretaker, in which:
164	164	(A) the department is the managing conservator of
165	165	the child or sibling group;
166	166	(B) the department placed the child or sibling
167	167	group in the caretaker's home; and
168	168	(C) the caretaker had a long-standing and
169	169	significant relationship with the child or sibling group before the
170	170	child or sibling group was placed with the caretaker; or
171	171	(22) a living arrangement in a caretaker's home
172	172	involving one or more children or a sibling group, excluding
173	173	children who are related to the caretaker, in which the child is in
174	174	the United States on a time-limited visa under the sponsorship of
175	175	the caretaker or of a sponsoring organization.
176	176	SECTION 2. This Act takes effect immediately if it receives
177	177	a vote of two-thirds of all the members elected to each house, as
178	178	provided by Section 39, Article III, Texas Constitution. If this
179	179	Act does not receive the vote necessary for immediate effect, this
180	180	Act takes effect September 1, 2013.