Texas 2015 - 84th Regular

Texas House Bill HB2837 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R24497 YDB-F
2	2	By: King of Taylor H.B. No. 2837
3	3	Substitute the following for H.B. No. 2837:
4	4	By: Dutton C.S.H.B. No. 2837
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to authorization agreements between a parent and a
10	10	relative or other person for the care and custody of the parent's
11	11	child and an exemption from a licensing requirement; authorizing a
12	12	fee.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 34.001, Family Code, is amended to read
15	15	as follows:
16	16	Sec. 34.001. APPLICABILITY. This chapter applies only to:
17	17	(1) an authorization agreement between a parent of a
18	18	child and a person who is the child's:
19	19	(A) grandparent;
20	20	(B) adult sibling; or
21	21	(C) adult aunt or uncle; [and]
22	22	(2) an authorization agreement between a parent of a
23	23	child and the person with whom the child is placed under a parental
24	24	child safety placement agreement; and
25	25	(3) an authorization agreement between a parent of a
26	26	child and a person who is unrelated to the child with whom the child
27	27	is placed through a qualified nonprofit organization that assists
28	28	the parent with executing the authorization agreement.
29	29	SECTION 2. Section 34.0015, Family Code, is amended to read
30	30	as follows:
31	31	Sec. 34.0015. DEFINITIONS [DEFINITION]. In this chapter:
32	32	(1) "Department" means the Department of Family and
33	33	Protective Services.
34	34	(2) "Parent" [, "parent"] has the meaning assigned by
35	35	Section 101.024.
36	36	(3) "Qualified nonprofit organization" means a
37	37	charitable or religious institution that is exempt from federal
38	38	income taxation under Section 501(a), Internal Revenue Code of
39	39	1986, as an organization described by Section 501(c)(3) of that
40	40	code, that assists a parent or legal guardian of a child with the
41	41	process of entering into an authorization agreement under this
42	42	chapter, including identifying an appropriate placement for each
43	43	child subject to the agreement and providing services and resources
44	44	to support the child, parents, and other persons authorized to
45	45	provide temporary care of the child under the agreement.
46	46	SECTION 3. Sections 34.002(a) and (c), Family Code, are
47	47	amended to read as follows:
48	48	(a) A parent or both parents of a child may enter into an
49	49	authorization agreement with a relative of the child or other
50	50	person listed in Section 34.001 to authorize the relative or other
51	51	person to perform the following acts in regard to the child:
52	52	(1) to authorize medical, dental, psychological, or
53	53	surgical treatment and immunization of the child, including
54	54	executing any consents or authorizations for the release of
55	55	information as required by law relating to the treatment or
56	56	immunization;
57	57	(2) to obtain and maintain health insurance coverage
58	58	for the child and automobile insurance coverage for the child, if
59	59	appropriate;
60	60	(3) to enroll the child in a day-care program or
61	61	preschool or in a public or private primary or secondary school;
62	62	(4) to authorize the child to participate in
63	63	age-appropriate extracurricular, civic, social, or recreational
64	64	activities, including athletic activities;
65	65	(5) to authorize the child to obtain a learner's
66	66	permit, driver's license, or state-issued identification card;
67	67	(6) to authorize employment of the child; and
68	68	(7) to apply for and receive public benefits on behalf
69	69	of the child.
70	70	(c) An authorization agreement under this chapter does not
71	71	confer on a relative of the child or other person listed in Section
72	72	34.001 or a relative or other person with whom the child is placed
73	73	under a child safety placement agreement the right to consent to the
74	74	marriage or adoption of the child, consent to the termination of
75	75	parental rights to the child, or authorize the performance of an
76	76	abortion on the child or the administration of emergency
77	77	contraception to the child.
78	78	SECTION 4. Chapter 34, Family Code, is amended by adding
79	79	Sections 34.0022, 34.0023, and 34.0024 to read as follows:
80	80	Sec. 34.0022. AUTHORIZATION AGREEMENT BETWEEN PARENT AND
81	81	NONRELATIVE. (a) A parent may enter into an authorization
82	82	agreement with a person who is not a relative of the parent's child
83	83	only if the authorization agreement is entered into with the
84	84	assistance of a qualified nonprofit organization in accordance with
85	85	this chapter. Except as provided by Section 34.0024(b), this
86	86	subsection does not apply to a parent whose child is the subject of
87	87	an ongoing department investigation of child abuse or neglect or to
88	88	whom the department is providing services.
89	89	(b) An authorization agreement executed under this section
90	90	expires on the first anniversary of the date the agreement is
91	91	executed unless an earlier date is specified in the agreement. The
92	92	parties to the agreement may execute a subsequent authorization
93	93	agreement if necessary.
94	94	(c) A parent or other legal guardian of a child may revoke or
95	95	withdraw an authorization agreement at any time.
96	96	Sec. 34.0023. EFFECT ON PARENTAL RIGHTS. A parent's
97	97	execution of an authorization agreement under this chapter does
98	98	not, without other evidence, constitute abandonment or child abuse
99	99	or neglect.
100	100	Sec. 34.0024. SERVICES OF QUALIFIED NONPROFIT
101	101	ORGANIZATION. (a) For each request received by a qualified
102	102	nonprofit organization to assist a parent and a person who is not
103	103	related to the parent's child with entering into an authorization
104	104	agreement and placement of a child under this chapter, the
105	105	qualified nonprofit organization shall:
106	106	(1) for each person to whom powers are delegated under
107	107	the agreement and for each person age 14 or older who resides in the
108	108	home, ensure that:
109	109	(A) a criminal history background check is
110	110	conducted through the Department of Public Safety as authorized
111	111	under Section 411.1411, Government Code;
112	112	(B) a fingerprint-based criminal history check
113	113	is conducted through the Department of Public Safety and the
114	114	Federal Bureau of Investigation; and
115	115	(C) an abuse or neglect registry check is
116	116	conducted by the department for the in-state registry and by the
117	117	organization for any applicable out-of-state registry;
118	118	(2) ensure that each person providing care for a child
119	119	under an authorization agreement authorized by this chapter is
120	120	trained in the rights, duties, and limitations regarding providing
121	121	care for a child under an authorization agreement as provided in
122	122	this chapter; and
123	123	(3) notify the department of the request and verify
124	124	that the department does not have an open investigation of child
125	125	abuse or neglect involving the child or parent or is not otherwise
126	126	providing services to the parent.
127	127	(b) If the department has an open investigation of abuse and
128	128	neglect related to the child or is providing services to the parent,
129	129	the department must approve the authorization agreement before the
130	130	agreement may take effect.
131	131	(c) If the department does not have an open investigation
132	132	involving the child or parent or is not otherwise providing
133	133	services to the parent, department approval of the agreement is not
134	134	required and the department may not open an investigation based
135	135	solely on receiving the notification required by Subsection (a)(3).
136	136	This subsection does not prohibit the department from opening an
137	137	investigation under Chapter 261.
138	138	(d) The executive commissioner of the Health and Human
139	139	Services Commission by rule shall establish a fee for the
140	140	department to charge for each abuse or neglect registry check
141	141	conducted by the department for a qualified nonprofit organization
142	142	under this section. The fee must be in an amount sufficient for the
143	143	department to recover the costs to the department of conducting the
144	144	registry check under this section.
145	145	SECTION 5. Section 34.003, Family Code, is amended to read
146	146	as follows:
147	147	Sec. 34.003. CONTENTS OF AUTHORIZATION AGREEMENT. (a) The
148	148	authorization agreement must contain:
149	149	(1) the following information from the relative of the
150	150	child or other person to whom the parent is giving authorization:
151	151	(A) the name and signature of the relative or
152	152	other person;
153	153	(B) the relative's or other person's relationship
154	154	to the child; and
155	155	(C) the relative's or other person's current
156	156	physical address and telephone number or the best way to contact the
157	157	relative or other person;
158	158	(2) the following information from the parent:
159	159	(A) the name and signature of the parent; and
160	160	(B) the parent's current address and telephone
161	161	number or the best way to contact the parent;
162	162	(3) the information in Subdivision (2) with respect to
163	163	the other parent, if applicable;
164	164	(4) a statement that the relative or other person has
165	165	been given authorization to perform the functions listed in Section
166	166	34.002(a) as a result of a voluntary action of the parent and that
167	167	the relative or other person has voluntarily assumed the
168	168	responsibility of performing those functions;
169	169	(5) statements that neither the parent nor the
170	170	relative or other person has knowledge that a parent, guardian,
171	171	custodian, licensed child-placing agency, or other authorized
172	172	agency asserts any claim or authority inconsistent with the
173	173	authorization agreement under this chapter with regard to actual
174	174	physical possession or care, custody, or control of the child;
175	175	(6) statements that:
176	176	(A) to the best of the parent's and relative's or
177	177	other person's knowledge:
178	178	(i) there is no court order or pending suit
179	179	affecting the parent-child relationship concerning the child;
180	180	(ii) there is no pending litigation in any
181	181	court concerning:
182	182	(a) custody, possession, or placement
183	183	of the child; or
184	184	(b) access to or visitation with the
185	185	child; and
186	186	(iii) the court does not have continuing
187	187	jurisdiction concerning the child; or
188	188	(B) the court with continuing jurisdiction
189	189	concerning the child has given written approval for the execution
190	190	of the authorization agreement accompanied by the following
191	191	information:
192	192	(i) the county in which the court is
193	193	located;
194	194	(ii) the number of the court; and
195	195	(iii) the cause number in which the order
196	196	was issued or the litigation is pending;
197	197	(7) a statement that to the best of the parent's and
198	198	relative's or other person's knowledge there is no current, valid
199	199	authorization agreement regarding the child;
200	200	(8) a statement that the authorization is made in
201	201	conformance with this chapter;
202	202	(9) a statement that the parent and the relative or
203	203	other person understand that each party to the authorization
204	204	agreement is required by law to immediately provide to each other
205	205	party information regarding any change in the party's address or
206	206	contact information;
207	207	(10) a statement by the parent that establishes the
208	208	circumstances under which the authorization agreement expires,
209	209	including that the authorization agreement:
210	210	(A) is valid until revoked;
211	211	(B) continues in effect after the death or during
212	212	any incapacity of the parent; or
213	213	(C) expires on a date stated in the authorization
214	214	agreement; [and]
215	215	(11) if the authorization agreement is executed with
216	216	the assistance of a qualified nonprofit organization, the following
217	217	information:
218	218	(A) the organization's name, tax identification
219	219	number, and current physical address and telephone number; and
220	220	(B) the name and signature of the individual
221	221	authorized to act on behalf of the organization; and
222	222	(12) space for the signature and seal of a notary
223	223	public.
224	224	(b) The authorization agreement must contain the following
225	225	warnings and disclosures:
226	226	(1) that the authorization agreement is an important
227	227	legal document;
228	228	(2) that the parent and the relative or other person
229	229	must read all of the warnings and disclosures before signing the
230	230	authorization agreement;
231	231	(3) that the persons signing the authorization
232	232	agreement are not required to consult an attorney but are advised to
233	233	do so;
234	234	(4) that the parent's rights as a parent may be
235	235	adversely affected by placing or leaving the parent's child with
236	236	another person;
237	237	(5) that the authorization agreement does not confer
238	238	on the relative or other person the rights of a managing or
239	239	possessory conservator or legal guardian;
240	240	(6) that a parent who is a party to the authorization
241	241	agreement may terminate the authorization agreement and resume
242	242	custody, possession, care, and control of the child on demand and
243	243	that at any time the parent may request the return of the child;
244	244	(7) that failure by the relative or other person to
245	245	return the child to the parent immediately on request may have
246	246	criminal and civil consequences;
247	247	(8) that, under other applicable law, the relative or
248	248	other person may be liable for certain expenses relating to the
249	249	child in the relative's or other person's care but that the parent
250	250	still retains the parental obligation to support the child;
251	251	(9) that, in certain circumstances, the authorization
252	252	agreement may not be entered into without written permission of the
253	253	court;
254	254	(10) that the authorization agreement may be
255	255	terminated by certain court orders affecting the child;
256	256	(11) that the authorization agreement does not
257	257	supersede, invalidate, or terminate any prior authorization
258	258	agreement regarding the child;
259	259	(12) that the authorization agreement is void if a
260	260	prior authorization agreement regarding the child is in effect and
261	261	has not expired or been terminated;
262	262	(13) that, except as provided by Section 34.005(a-1),
263	263	the authorization agreement is void unless:
264	264	(A) the parties mail a copy of the authorization
265	265	agreement by certified mail, return receipt requested, or
266	266	international registered mail, return receipt requested, as
267	267	applicable, to a parent who was not a party to the authorization
268	268	agreement, if the parent is living and the parent's parental rights
269	269	have not been terminated, not later than the 10th day after the date
270	270	the authorization agreement is signed; and
271	271	(B) if the parties do not receive a response from
272	272	the parent who is not a party to the authorization agreement before
273	273	the 20th day after the date the copy of the authorization agreement
274	274	is mailed under Paragraph (A), the parties mail a second copy of the
275	275	authorization agreement by first class mail or international first
276	276	class mail, as applicable, to the parent not later than the 45th day
277	277	after the date the authorization agreement is signed; and
278	278	(14) that the authorization agreement does not confer
279	279	on a relative of the child or other person the right to consent to
280	280	the marriage or adoption of the child, consent to termination of the
281	281	parental rights of the child, or authorize the performance of an
282	282	abortion on the child or the administration of emergency
283	283	contraception to the child.
284	284	SECTION 6. Section 34.004(a), Family Code, is amended to
285	285	read as follows:
286	286	(a) The authorization agreement must be signed and sworn to
287	287	before a notary public by:
288	288	(1) the parent;
289	289	(2) [and] the relative or other person who is granted
290	290	authority to care for the child under the authorization agreement;
291	291	and
292	292	(3) if the authorization agreement is executed with
293	293	the assistance of a qualified nonprofit organization, a
294	294	representative of the organization.
295	295	SECTION 7. Section 34.007(b), Family Code, is amended to
296	296	read as follows:
297	297	(b) The authorization agreement does not affect the rights
298	298	of the child's parent or legal guardian regarding the care,
299	299	custody, and control of the child, and does not mean that the
300	300	relative or other person has legal custody of the child.
301	301	SECTION 8. Section 34.008(c), Family Code, is amended to
302	302	read as follows:
303	303	(c) An authorization agreement under this chapter
304	304	terminates on written revocation by a party to the authorization
305	305	agreement if the party:
306	306	(1) gives each party written notice of the revocation;
307	307	(2) files the written revocation with the clerk of the
308	308	county in which:
309	309	(A) the child resides;
310	310	(B) the child resided at the time the
311	311	authorization agreement was executed; or
312	312	(C) the relative or other person resides; and
313	313	(3) files the written revocation with the clerk of
314	314	each court:
315	315	(A) that has continuing, exclusive jurisdiction
316	316	over the child;
317	317	(B) in which there is a court order or pending
318	318	suit affecting the parent-child relationship concerning the child;
319	319	(C) in which there is pending litigation
320	320	concerning:
321	321	(i) custody, possession, or placement of
322	322	the child; or
323	323	(ii) access to or visitation with the
324	324	child; or
325	325	(D) that has entered an order regarding the
326	326	appointment of a guardian for the child under Subchapter B, Chapter
327	327	1104, Estates [Section 676, Texas Probate] Code.
328	328	SECTION 9. Section 261.002(b), Family Code, as amended by
329	329	S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
330	330	amended to read as follows:
331	331	(b) The executive commissioner may adopt rules necessary to
332	332	carry out this section. The rules shall provide for cooperation
333	333	with local child service agencies, including hospitals, clinics,
334	334	[and] schools, and qualified nonprofit organizations as defined by
335	335	Section 34.0015, and cooperation with other states in exchanging
336	336	reports to effect a national registration system.
337	337	SECTION 10. Subchapter F, Chapter 411, Government Code, is
338	338	amended by adding Section 411.1411 to read as follows:
339	339	Sec. 411.1411. ACCESS TO CRIMINAL HISTORY RECORD
340	340	INFORMATION: QUALIFIED NONPROFIT ORGANIZATIONS PROVIDING
341	341	ASSISTANCE WITH AUTHORIZATION AGREEMENTS. (a) In this section,
342	342	"qualified nonprofit organization" has the meaning assigned by
343	343	Section 34.0015, Family Code.
344	344	(b) A qualified nonprofit organization is entitled to
345	345	obtain from the department criminal history record information
346	346	maintained by the department that relates to a person who is an
347	347	employee, employment applicant, volunteer, or volunteer applicant
348	348	of the organization.
349	349	(c) The department may adopt rules governing the
350	350	administration of this section.
351	351	(d) A qualified nonprofit organization may use the criminal
352	352	history record information obtained under this section only to
353	353	determine the suitability of a person for a position as an employee
354	354	of or volunteer with the organization.
355	355	(e) Criminal history record information obtained under this
356	356	section may not be released or disclosed to any person except in a
357	357	criminal proceeding, on court order, or with the consent of the
358	358	person who is the subject of the criminal history record
359	359	information.
360	360	SECTION 11. Section 42.041(b), Human Resources Code, is
361	361	amended to read as follows:
362	362	(b) This section does not apply to:
363	363	(1) a state-operated facility;
364	364	(2) an agency foster home or agency foster group home;
365	365	(3) a facility that is operated in connection with a
366	366	shopping center, business, religious organization, or
367	367	establishment where children are cared for during short periods
368	368	while parents or persons responsible for the children are attending
369	369	religious services, shopping, or engaging in other activities,
370	370	including retreats or classes for religious instruction, on or near
371	371	the premises, that does not advertise as a child-care facility or
372	372	day-care center, and that informs parents that it is not licensed by
373	373	the state;
374	374	(4) a school or class for religious instruction that
375	375	does not last longer than two weeks and is conducted by a religious
376	376	organization during the summer months;
377	377	(5) a youth camp licensed by the Department of State
378	378	Health Services;
379	379	(6) a facility licensed, operated, certified, or
380	380	registered by another state agency;
381	381	(7) an educational facility that is accredited by the
382	382	Texas Education Agency, the Southern Association of Colleges and
383	383	Schools, or an accreditation body that is a member of the Texas
384	384	Private School Accreditation Commission and that operates
385	385	primarily for educational purposes for prekindergarten and above, a
386	386	before-school or after-school program operated directly by an
387	387	accredited educational facility, or a before-school or
388	388	after-school program operated by another entity under contract with
389	389	the educational facility, if the Texas Education Agency, the
390	390	Southern Association of Colleges and Schools, or the other
391	391	accreditation body, as applicable, has approved the curriculum
392	392	content of the before-school or after-school program operated under
393	393	the contract;
394	394	(8) an educational facility that operates solely for
395	395	educational purposes for prekindergarten through at least grade
396	396	two, that does not provide custodial care for more than one hour
397	397	during the hours before or after the customary school day, and that
398	398	is a member of an organization that promulgates, publishes, and
399	399	requires compliance with health, safety, fire, and sanitation
400	400	standards equal to standards required by state, municipal, and
401	401	county codes;
402	402	(9) a kindergarten or preschool educational program
403	403	that is operated as part of a public school or a private school
404	404	accredited by the Texas Education Agency, that offers educational
405	405	programs through grade six, and that does not provide custodial
406	406	care during the hours before or after the customary school day;
407	407	(10) a family home, whether registered or listed;
408	408	(11) an educational facility that is integral to and
409	409	inseparable from its sponsoring religious organization or an
410	410	educational facility both of which do not provide custodial care
411	411	for more than two hours maximum per day, and that offers an
412	412	educational program in one or more of the following:
413	413	prekindergarten through at least grade three, elementary grades, or
414	414	secondary grades;
415	415	(12) an emergency shelter facility, other than a
416	416	facility that would otherwise require a license as a child-care
417	417	facility under this section, that provides shelter or care to a
418	418	minor and the minor's child or children, if any, under Section
419	419	32.201, Family Code, if the facility:
420	420	(A) is currently under a contract with a state or
421	421	federal agency; or
422	422	(B) meets the requirements listed under Section
423	423	51.005(b)(3);
424	424	(13) a juvenile detention facility certified under
425	425	Section 51.12, Family Code, a juvenile correctional facility
426	426	certified under Section 51.125, Family Code, a juvenile facility
427	427	providing services solely for the Texas Juvenile Justice
428	428	Department, or any other correctional facility for children
429	429	operated or regulated by another state agency or by a political
430	430	subdivision of the state;
431	431	(14) an elementary-age (ages 5-13) recreation program
432	432	operated by a municipality provided the governing body of the
433	433	municipality annually adopts standards of care by ordinance after a
434	434	public hearing for such programs, that such standards are provided
435	435	to the parents of each program participant, and that the ordinances
436	436	shall include, at a minimum, staffing ratios, minimum staff
437	437	qualifications, minimum facility, health, and safety standards,
438	438	and mechanisms for monitoring and enforcing the adopted local
439	439	standards; and further provided that parents be informed that the
440	440	program is not licensed by the state and the program may not be
441	441	advertised as a child-care facility;
442	442	(15) an annual youth camp held in a municipality with a
443	443	population of more than 1.5 million that operates for not more than
444	444	three months and that has been operated for at least 10 years by a
445	445	nonprofit organization that provides care for the homeless;
446	446	(16) a food distribution program that:
447	447	(A) serves an evening meal to children two years
448	448	of age or older; and
449	449	(B) is operated by a nonprofit food bank in a
450	450	nonprofit, religious, or educational facility for not more than two
451	451	hours a day on regular business days;
452	452	(17) a child-care facility that operates for less than
453	453	three consecutive weeks and less than 40 days in a period of 12
454	454	months;
455	455	(18) a program:
456	456	(A) in which a child receives direct instruction
457	457	in a single skill, talent, ability, expertise, or proficiency;
458	458	(B) that does not provide services or offerings
459	459	that are not directly related to the single talent, ability,
460	460	expertise, or proficiency;
461	461	(C) that does not advertise or otherwise
462	462	represent that the program is a child-care facility, day-care
463	463	center, or licensed before-school or after-school program or that
464	464	the program offers child-care services;
465	465	(D) that informs the parent or guardian:
466	466	(i) that the program is not licensed by the
467	467	state; and
468	468	(ii) about the physical risks a child may
469	469	face while participating in the program; and
470	470	(E) that conducts background checks for all
471	471	program employees and volunteers who work with children in the
472	472	program using information that is obtained from the Department of
473	473	Public Safety;
474	474	(19) an elementary-age (ages 5-13) recreation program
475	475	that:
476	476	(A) adopts standards of care, including
477	477	standards relating to staff ratios, staff training, health, and
478	478	safety;
479	479	(B) provides a mechanism for monitoring and
480	480	enforcing the standards and receiving complaints from parents of
481	481	enrolled children;
482	482	(C) does not advertise as or otherwise represent
483	483	the program as a child-care facility, day-care center, or licensed
484	484	before-school or after-school program or that the program offers
485	485	child-care services;
486	486	(D) informs parents that the program is not
487	487	licensed by the state;
488	488	(E) is organized as a nonprofit organization or
489	489	is located on the premises of a participant's residence;
490	490	(F) does not accept any remuneration other than a
491	491	nominal annual membership fee;
492	492	(G) does not solicit donations as compensation or
493	493	payment for any good or service provided as part of the program; and
494	494	(H) conducts background checks for all program
495	495	employees and volunteers who work with children in the program
496	496	using information that is obtained from the Department of Public
497	497	Safety;
498	498	(20) a living arrangement in a caretaker's home
499	499	involving one or more children or a sibling group, excluding
500	500	children who are related to the caretaker, in which the caretaker:
501	501	(A) had a prior relationship with the child or
502	502	sibling group or other family members of the child or sibling group;
503	503	(B) does not care for more than one unrelated
504	504	child or sibling group;
505	505	(C) does not receive compensation or solicit
506	506	donations for the care of the child or sibling group; and
507	507	(D) has a written agreement with the parent to
508	508	care for the child or sibling group;
509	509	(21) a living arrangement in a caretaker's home
510	510	involving one or more children or a sibling group, excluding
511	511	children who are related to the caretaker, in which:
512	512	(A) the department is the managing conservator of
513	513	the child or sibling group;
514	514	(B) the department placed the child or sibling
515	515	group in the caretaker's home; and
516	516	(C) the caretaker had a long-standing and
517	517	significant relationship with the child or sibling group before the
518	518	child or sibling group was placed with the caretaker;
519	519	(22) a living arrangement in a caretaker's home
520	520	involving one or more children or a sibling group, excluding
521	521	children who are related to the caretaker, in which the child is in
522	522	the United States on a time-limited visa under the sponsorship of
523	523	the caretaker or of a sponsoring organization; [or]
524	524	(23) a facility operated by a nonprofit organization
525	525	that:
526	526	(A) does not otherwise operate as a child-care
527	527	facility that is required to be licensed under this section;
528	528	(B) provides emergency shelter and care for not
529	529	more than 15 days to children 13 years of age or older but younger
530	530	than 18 years of age who are victims of human trafficking alleged
531	531	under Section 20A.02, Penal Code;
532	532	(C) is located in a municipality with a
533	533	population of at least 600,000 that is in a county on an
534	534	international border; and
535	535	(D) meets one of the following criteria:
536	536	(i) is licensed by, or operates under an
537	537	agreement with, a state or federal agency to provide shelter and
538	538	care to children; or
539	539	(ii) meets the eligibility requirements for
540	540	a contract under Section 51.005(b)(3); or
541	541	(24) a living arrangement in a caretaker's home
542	542	involving one or more children or a sibling group, excluding
543	543	children who are related to the caretaker, in which the caretaker:
544	544	(A) is a volunteer host family for a qualified
545	545	nonprofit organization, as defined by Section 34.0015, Family Code;
546	546	(B) has a written authorization agreement with
547	547	the parent of the child or sibling group to care for each child or
548	548	sibling group;
549	549	(C) does not care for more than six children; and
550	550	(D) does not receive compensation for the care of
551	551	a child or sibling group.
552	552	SECTION 12. This Act takes effect September 1, 2015.