H.B. No. 4090
AN ACT
relating to the licensing of certain school-age programs that
provide child-care services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.048, Human Resources Code, is amended
by amending Subsections (a), (b), (c), (e), and (f) and adding
Subsections (e-1), (e-2), and (e-3) to read as follows:
(a) The commission [department] shall issue a license after
determining that an applicant has satisfied all requirements.
(b) When issuing a license, the commission [department] may
impose restrictions on a facility, including the number of children
to be served and the type of children to be served.
(c) The commission [department] may grant a variance of an
individual standard set forth in the applicable standards for good
and just cause.
(e) A license issued under this chapter is not transferable
and applies only to the operator and facility location stated in the
license application. Except as provided by Subsections (e-1),
(e-2), and (e-3) [this subsection], a change in location or
ownership automatically revokes a license.
(e-1) A change in location of a child-placing agency does
not automatically revoke the license to operate the child-placing
agency.
(e-2) A residential child-care facility operating under the
license of a continuum-of-care residential operation that changes
location may not continue to operate under that license unless the
commission [department] approves the new location after the
continuum-of-care residential operation meets all requirements
related to the new location.
(e-3) A change in location of a school-age program operated
exclusively during the summer period or any other time when school
is not in session does not automatically revoke the license to
operate the school-age program. A school-age program that changes
location may not operate at the new location unless the commission
approves the new location after the school-age program meets all
requirements related to the new location.
(f) A license must be issued if the commission [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. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4090 was passed by the House on May 3,
2019, by the following vote: Yeas 140, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4090 on May 24, 2019, by the following vote: Yeas 139, Nays 2,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4090 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor