| 1 | 1 | | 86R11906 EAS-D |
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| 2 | 2 | | By: Turner of Tarrant H.B. No. 3659 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to liability insurance requirements for certain |
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| 8 | 8 | | child-care providers. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 42.049(a), (b), (d), and (e), Human |
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| 11 | 11 | | Resources Code, are amended to read as follows: |
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| 12 | 12 | | (a) A child-care provider [license holder] shall maintain |
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| 13 | 13 | | liability insurance coverage in the amount of $300,000 for each |
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| 14 | 14 | | occurrence of negligence. An insurance policy or contract required |
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| 15 | 15 | | under this section must cover injury to a child that occurs while |
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| 16 | 16 | | the child is on the premises of the child-care provider [license |
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| 17 | 17 | | holder] or in the care of the child-care provider [license holder]. |
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| 18 | 18 | | (b) A child-care provider [license holder] shall file with |
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| 19 | 19 | | the department a certificate or other evidence from an insurance |
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| 20 | 20 | | company showing that the child-care provider [license holder] has |
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| 21 | 21 | | an unexpired and uncancelled insurance policy or contract that |
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| 22 | 22 | | meets the requirements of this section. |
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| 23 | 23 | | (d) The insurance policy or contract shall be maintained at |
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| 24 | 24 | | all times in an amount as required by this section. Failure by a |
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| 25 | 25 | | child-care provider [license holder] to renew the policy or |
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| 26 | 26 | | contract or to maintain the policy or contract in the required |
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| 27 | 27 | | amount is a ground for suspension or revocation of the child-care |
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| 28 | 28 | | provider's [license holder's] license, listing, or registration |
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| 29 | 29 | | under this chapter. |
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| 30 | 30 | | (e) In this [This] section, "child-care provider" means the |
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| 31 | 31 | | holder of a license issued under this chapter or an operator of |
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| 32 | 32 | | [does not apply to a group day-care home or] a listed or registered |
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| 33 | 33 | | family home. |
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| 34 | 34 | | SECTION 2. Section 42.049(c), Human Resources Code, is |
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| 35 | 35 | | repealed. |
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| 36 | 36 | | SECTION 3. A group day-care home and a listed or registered |
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| 37 | 37 | | family home must, not later than January 1, 2020, file with the |
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| 38 | 38 | | Department of Family and Protective Services a certificate or other |
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| 39 | 39 | | evidence from an insurance company showing that the group day-care |
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| 40 | 40 | | home or listed or registered family home has an unexpired and |
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| 41 | 41 | | uncancelled insurance policy or contract that meets the |
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| 42 | 42 | | requirements of Section 42.049, Human Resources Code, as amended by |
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| 43 | 43 | | this Act. |
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| 44 | 44 | | SECTION 4. This Act takes effect January 1, 2020. |
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