| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | A BILL TO BE ENTITLED |
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| 8 | 6 | | AN ACT |
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| 9 | 7 | | relating to the issuance and renewal of licenses and registrations |
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| 10 | 8 | | for certain child-care facilities and the amount of the fees for |
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| 11 | 9 | | those licenses. |
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| 12 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 11 | | SECTION 1. Section 42.048(f), Human Resources Code, is |
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| 14 | 12 | | amended to read as follows: |
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| 15 | 13 | | (f) A license must be issued if the department determines |
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| 16 | 14 | | that a facility meets all requirements. The evaluation shall be |
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| 17 | 15 | | based on one or more visits to the facility and a review of required |
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| 18 | 16 | | forms and records. A license is valid until [the license expires, |
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| 19 | 17 | | is] revoked[,] or [is] surrendered. |
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| 20 | 18 | | SECTION 2. Section 42.050, Human Resources Code, is amended |
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| 21 | 19 | | to read as follows: |
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| 22 | 20 | | Sec. 42.050. LICENSE RENEWAL. (a) A license holder may |
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| 23 | 21 | | apply for [renewal of] a new license in compliance with the |
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| 24 | 22 | | requirements of this chapter and department rules. |
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| 25 | 23 | | (b) The application for [renewal of] a new license must be |
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| 26 | 24 | | completed and decided on by the department before the expiration of |
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| 27 | 25 | | the license under which a facility is operating. |
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| 28 | 26 | | (c) The department shall evaluate the application for |
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| 29 | 27 | | [renewal of] a new license to determine if all licensing |
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| 30 | 28 | | requirements are met. The evaluation may include a specified |
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| 31 | 29 | | number of visits to the facility and must include a review of all |
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| 32 | 30 | | required forms and records. |
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| 33 | 31 | | [(d) The executive commissioner shall adopt rules governing |
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| 34 | 32 | | the license renewal process for all licenses issued under this |
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| 35 | 33 | | chapter. The rules must include: |
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| 36 | 34 | | [(1) renewal periods; |
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| 37 | 35 | | [(2) a process for staggered renewals; |
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| 38 | 36 | | [(3) a process for resolving a late application for |
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| 39 | 37 | | renewal; |
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| 40 | 38 | | [(4) expiration dates; and |
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| 41 | 39 | | [(5) conditions for renewal.] |
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| 42 | 40 | | SECTION 3. Sections 42.054(a), (b), (c), (d), and (e), |
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| 43 | 41 | | Human Resources Code, are amended to read as follows: |
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| 44 | 42 | | (a) The department shall charge an applicant a |
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| 45 | 43 | | nonrefundable application fee of $35 for an initial license to |
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| 46 | 44 | | operate a child-care facility or a child-placing agency. |
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| 47 | 45 | | (b) The department shall charge each child-care facility a |
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| 48 | 46 | | fee of $35 for an initial license. The department shall charge each |
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| 49 | 47 | | child-placing agency a fee of $50 for an initial license. |
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| 50 | 48 | | (c) The department shall charge each licensed child-care |
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| 51 | 49 | | facility an annual license fee in the amount of $35 plus $1 for each |
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| 52 | 50 | | child the child-care facility is permitted to serve. The fee is due |
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| 53 | 51 | | on the date on which the department issues the child-care |
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| 54 | 52 | | facility's initial license and on the anniversary of that date. |
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| 55 | 53 | | (d) The department shall charge each licensed child-placing |
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| 56 | 54 | | agency an annual license fee of $100. The fee is due on the date on |
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| 57 | 55 | | which the department issues the child-placing agency's initial |
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| 58 | 56 | | license and on the anniversary of that date. |
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| 59 | 57 | | (e) The department shall charge each family home that is |
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| 60 | 58 | | listed or registered with the department an annual fee to cover a |
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| 61 | 59 | | part of the department's cost in regulating family homes. The |
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| 62 | 60 | | amount of the fee is $20 for a listed home or $35 for a registered |
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| 63 | 61 | | home. The fee is due on the date on which the department initially |
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| 64 | 62 | | lists or registers the home and on the anniversary of that date. |
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| 65 | 63 | | SECTION 4. Section 42.054(h), Human Resources Code, is |
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| 66 | 64 | | repealed. |
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| 67 | 65 | | SECTION 5. The changes in law made by this Act apply only to |
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| 68 | 66 | | an application fee paid or license fee due on or after the effective |
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| 69 | 67 | | date of this Act. An application fee paid or license fee due before |
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| 70 | 68 | | that date is governed by the law in effect on the date the fee was |
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| 71 | 69 | | paid or due, as applicable, and that law is continued in effect for |
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| 72 | 70 | | that purpose. |
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| 73 | 71 | | SECTION 6. This Act takes effect September 1, 2017. |
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