1 | | - | H.B. No. 4090 |
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| 1 | + | By: Noble (Senate Sponsor - Kolkhorst, Johnson) H.B. No. 4090 |
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| 2 | + | (In the Senate - Received from the House May 6, 2019; |
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| 3 | + | May 6, 2019, read first time and referred to Committee on Health & |
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| 4 | + | Human Services; May 19, 2019, reported adversely, with favorable |
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| 5 | + | Committee Substitute by the following vote: Yeas 9, Nays 0; |
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| 6 | + | May 19, 2019, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR H.B. No. 4090 By: Flores |
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4 | 12 | | AN ACT |
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5 | 13 | | relating to the licensing of certain school-age programs that |
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6 | 14 | | provide child-care services. |
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7 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 16 | | SECTION 1. Section 42.048, Human Resources Code, is amended |
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9 | 17 | | by amending Subsections (a), (b), (c), (e), and (f) and adding |
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10 | 18 | | Subsections (e-1), (e-2), and (e-3) to read as follows: |
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11 | 19 | | (a) The commission [department] shall issue a license after |
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12 | 20 | | determining that an applicant has satisfied all requirements. |
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13 | 21 | | (b) When issuing a license, the commission [department] may |
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14 | 22 | | impose restrictions on a facility, including the number of children |
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15 | 23 | | to be served and the type of children to be served. |
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16 | 24 | | (c) The commission [department] may grant a variance of an |
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17 | 25 | | individual standard set forth in the applicable standards for good |
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18 | 26 | | and just cause. |
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19 | 27 | | (e) A license issued under this chapter is not transferable |
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20 | 28 | | and applies only to the operator and facility location stated in the |
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21 | 29 | | license application. Except as provided by Subsections (e-1), |
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22 | 30 | | (e-2), and (e-3) [this subsection], a change in location or |
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23 | 31 | | ownership automatically revokes a license. |
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24 | 32 | | (e-1) A change in location of a child-placing agency does |
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25 | 33 | | not automatically revoke the license to operate the child-placing |
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26 | 34 | | agency. |
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27 | 35 | | (e-2) A residential child-care facility operating under the |
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28 | 36 | | license of a continuum-of-care residential operation that changes |
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29 | 37 | | location may not continue to operate under that license unless the |
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30 | 38 | | commission [department] approves the new location after the |
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31 | 39 | | continuum-of-care residential operation meets all requirements |
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32 | 40 | | related to the new location. |
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33 | 41 | | (e-3) A change in location of a school-age program operated |
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34 | 42 | | exclusively during the summer period or any other time when school |
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35 | 43 | | is not in session does not automatically revoke the license to |
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36 | 44 | | operate the school-age program. A school-age program that changes |
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37 | 45 | | location may not operate at the new location unless the commission |
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38 | 46 | | approves the new location after the school-age program meets all |
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39 | 47 | | requirements related to the new location. |
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40 | 48 | | (f) A license must be issued if the commission [department] |
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41 | 49 | | determines that a facility meets all requirements. The evaluation |
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42 | 50 | | shall be based on one or more visits to the facility and a review of |
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43 | 51 | | required forms and records. A license is valid until the license |
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44 | 52 | | expires, is revoked, or is surrendered. |
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45 | 53 | | SECTION 2. This Act takes effect September 1, 2019. |
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46 | | - | ______________________________ ______________________________ |
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47 | | - | President of the Senate Speaker of the House |
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48 | | - | I certify that H.B. No. 4090 was passed by the House on May 3, |
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49 | | - | 2019, by the following vote: Yeas 140, Nays 0, 2 present, not |
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50 | | - | voting; and that the House concurred in Senate amendments to H.B. |
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51 | | - | No. 4090 on May 24, 2019, by the following vote: Yeas 139, Nays 2, |
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52 | | - | 2 present, not voting. |
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53 | | - | ______________________________ |
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54 | | - | Chief Clerk of the House |
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55 | | - | I certify that H.B. No. 4090 was passed by the Senate, with |
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56 | | - | amendments, on May 22, 2019, by the following vote: Yeas 31, Nays |
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57 | | - | 0. |
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58 | | - | ______________________________ |
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59 | | - | Secretary of the Senate |
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60 | | - | APPROVED: __________________ |
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61 | | - | Date |
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62 | | - | __________________ |
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63 | | - | Governor |
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| 54 | + | * * * * * |
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