85R15676 MCK-D
By: Burkett H.B. No. 740
Substitute the following for H.B. No. 740:
By: Frank C.S.H.B. No. 740
A BILL TO BE ENTITLED
AN ACT
relating to the issuance and renewal of licenses and registrations
for certain child-care facilities and the amount of the fees for
those licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.048(f), Human Resources Code, is
amended to read as follows:
(f) A license must be issued if the department determines
that a facility meets all requirements. The evaluation shall be
based on one or more visits to the facility and a review of required
forms and records. A license is valid until [the license expires,
is] revoked[,] or [is] surrendered.
SECTION 2. Section 42.050, Human Resources Code, is amended
to read as follows:
Sec. 42.050. LICENSE RENEWAL. (a) A license holder may
apply for [renewal of] a new license in compliance with the
requirements of this chapter and department rules.
(b) The application for [renewal of] a new license must be
completed and decided on by the department before the expiration of
the license under which a facility is operating.
(c) The department shall evaluate the application for
[renewal of] a new license to determine if all licensing
requirements are met. The evaluation may include a specified
number of visits to the facility and must include a review of all
required forms and records.
[(d) The executive commissioner shall adopt rules governing
the license renewal process for all licenses issued under this
chapter. The rules must include:
[(1) renewal periods;
[(2) a process for staggered renewals;
[(3) a process for resolving a late application for
renewal;
[(4) expiration dates; and
[(5) conditions for renewal.]
SECTION 3. Sections 42.054(a), (b), (c), (d), and (e),
Human Resources Code, are amended to read as follows:
(a) The department shall charge an applicant a
nonrefundable application fee of $35 for an initial license to
operate a child-care facility or a child-placing agency.
(b) The department shall charge each child-care facility a
fee of $35 for an initial license. The department shall charge each
child-placing agency a fee of $50 for an initial license.
(c) The department shall charge each licensed child-care
facility an annual license fee in the amount of $35 plus $1 for each
child the child-care facility is permitted to serve. The fee is due
on the date on which the department issues the child-care
facility's initial license and on the anniversary of that date.
(d) The department shall charge each licensed child-placing
agency an annual license fee of $100. The fee is due on the date on
which the department issues the child-placing agency's initial
license and on the anniversary of that date.
(e) The department shall charge each family home that is
listed or registered with the department an annual fee to cover a
part of the department's cost in regulating family homes. The
amount of the fee is $20 for a listed home or $35 for a registered
home. The fee is due on the date on which the department initially
lists or registers the home and on the anniversary of that date.
SECTION 4. Section 42.054(h), Human Resources Code, is
repealed.
SECTION 5. The changes in law made by this Act apply only to
an application fee paid or license fee due on or after the effective
date of this Act. An application fee paid or license fee due before
that date is governed by the law in effect on the date the fee was
paid or due, as applicable, and that law is continued in effect for
that purpose.
SECTION 6. This Act takes effect September 1, 2017.