Texas 2019 - 86th Regular

Texas House Bill HB4250 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R13670 EAS-F
2	2	By: Klick H.B. No. 4250
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to licensing requirements for certain child-care
8	8	facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 42.041(b), Human Resources Code, as
11	11	amended by Chapters 244 (H.B. 871) and 317 (H.B. 7), Acts of the
12	12	85th Legislature, Regular Session, 2017, is reenacted and amended
13	13	to read as follows:
14	14	(b) This section does not apply to:
15	15	(1) a state-operated facility;
16	16	(2) an agency foster home;
17	17	(3) a facility that is operated in connection with a
18	18	shopping center, business, religious organization, or
19	19	establishment where children are cared for during short periods
20	20	while parents or persons responsible for the children are attending
21	21	religious services, shopping, or engaging in other activities,
22	22	including retreats or classes for religious instruction, on or near
23	23	the premises, that does not advertise as a child-care facility or
24	24	day-care center, and that informs parents that it is not licensed by
25	25	the state;
26	26	(4) a school or class for religious instruction that
27	27	does not last longer than two weeks and is conducted by a religious
28	28	organization during the summer months;
29	29	(5) a youth camp licensed by the Department of State
30	30	Health Services;
31	31	(6) a facility licensed, operated, certified, or
32	32	registered by another state agency;
33	33	(7) an educational facility that is accredited by the
34	34	Texas Education Agency, the Southern Association of Colleges and
35	35	Schools, or an accreditation body that is a member of the Texas
36	36	Private School Accreditation Commission and that operates
37	37	primarily for educational purposes for prekindergarten and above, a
38	38	before-school or after-school program operated directly by an
39	39	accredited educational facility, or a before-school or
40	40	after-school program operated by another entity under contract with
41	41	the educational facility, if the Texas Education Agency, the
42	42	Southern Association of Colleges and Schools, or the other
43	43	accreditation body, as applicable, has approved the curriculum
44	44	content of the before-school or after-school program operated under
45	45	the contract;
46	46	(8) an educational facility that operates solely for
47	47	educational purposes for prekindergarten through at least grade
48	48	two, that does not provide custodial care for more than one hour
49	49	during the hours before or after the customary school day, and that
50	50	is a member of an organization that promulgates, publishes, and
51	51	requires compliance with health, safety, fire, and sanitation
52	52	standards equal to standards required by state, municipal, and
53	53	county codes;
54	54	(9) a kindergarten or preschool educational program
55	55	that is operated as part of a public school or a private school
56	56	accredited by the Texas Education Agency, that offers educational
57	57	programs through grade six, and that does not provide custodial
58	58	care during the hours before or after the customary school day;
59	59	(10) a family home, whether registered or listed;
60	60	(11) an educational facility that is integral to and
61	61	inseparable from its sponsoring religious organization, or an
62	62	educational facility, that:
63	63	(A) does [both of which do] not provide custodial
64	64	care for more than two hours maximum per day;
65	65	(B) [, and that] offers an educational program in
66	66	one or more of the following:
67	67	(i) prekindergarten through at least grade
68	68	three;
69	69	(ii) [,] elementary grades;[,] or
70	70	(iii) secondary grades; and
71	71	(C) is a member of an organization that
72	72	promulgates, publishes, and requires compliance with health,
73	73	safety, fire, and sanitation standards equal to standards required
74	74	by state, municipal, and county codes;
75	75	(12) an emergency shelter facility, other than a
76	76	facility that would otherwise require a license as a child-care
77	77	facility under this section, that provides shelter or care to a
78	78	minor and the minor's child or children, if any, under Section
79	79	32.201, Family Code, if the facility:
80	80	(A) is currently under a contract with a state or
81	81	federal agency; or
82	82	(B) meets the requirements listed under Section
83	83	51.005(b)(3);
84	84	(13) a juvenile detention facility certified under
85	85	Section 51.12, Family Code, a juvenile correctional facility
86	86	certified under Section 51.125, Family Code, a juvenile facility
87	87	providing services solely for the Texas Juvenile Justice
88	88	Department, or any other correctional facility for children
89	89	operated or regulated by another state agency or by a political
90	90	subdivision of the state;
91	91	(14) an elementary-age (ages 5-13) recreation program
92	92	operated by a municipality provided the governing body of the
93	93	municipality annually adopts standards of care by ordinance after a
94	94	public hearing for such programs, that such standards are provided
95	95	to the parents of each program participant, and that the ordinances
96	96	shall include, at a minimum, staffing ratios, minimum staff
97	97	qualifications, minimum facility, health, and safety standards,
98	98	and mechanisms for monitoring and enforcing the adopted local
99	99	standards; and further provided that parents be informed that the
100	100	program is not licensed by the state and the program may not be
101	101	advertised as a child-care facility;
102	102	(15) an annual youth camp held in a municipality with a
103	103	population of more than 1.5 million that operates for not more than
104	104	three months and that has been operated for at least 10 years by a
105	105	nonprofit organization that provides care for the homeless;
106	106	(16) a food distribution program that:
107	107	(A) serves an evening meal to children two years
108	108	of age or older; and
109	109	(B) is operated by a nonprofit food bank in a
110	110	nonprofit, religious, or educational facility for not more than two
111	111	hours a day on regular business days;
112	112	(17) a child-care facility that operates for less than
113	113	three consecutive weeks and less than 40 days in a period of 12
114	114	months;
115	115	(18) a program:
116	116	(A) in which a child receives direct instruction
117	117	in a single skill, talent, ability, expertise, or proficiency;
118	118	(B) that does not provide services or offerings
119	119	that are not directly related to the single talent, ability,
120	120	expertise, or proficiency;
121	121	(C) that does not advertise or otherwise
122	122	represent that the program is a child-care facility, day-care
123	123	center, or licensed before-school or after-school program or that
124	124	the program offers child-care services;
125	125	(D) that informs the parent or guardian:
126	126	(i) that the program is not licensed by the
127	127	state; and
128	128	(ii) about the physical risks a child may
129	129	face while participating in the program; [and]
130	130	(E) that conducts background checks for all
131	131	program employees and volunteers who work with children in the
132	132	program using information that is obtained from the Department of
133	133	Public Safety; and
134	134	(F) that is a member of an organization that
135	135	promulgates, publishes, and requires compliance with health,
136	136	safety, fire, and sanitation standards equal to standards required
137	137	by state, municipal, and county codes;
138	138	(19) an elementary-age (ages 5-13) recreation program
139	139	that:
140	140	(A) adopts standards of care, including
141	141	standards relating to staff ratios, staff training, health, and
142	142	safety;
143	143	(B) provides a mechanism for monitoring and
144	144	enforcing the standards and receiving complaints from parents of
145	145	enrolled children;
146	146	(C) does not advertise as or otherwise represent
147	147	the program as a child-care facility, day-care center, or licensed
148	148	before-school or after-school program or that the program offers
149	149	child-care services;
150	150	(D) informs parents that the program is not
151	151	licensed by the state;
152	152	(E) is organized as a nonprofit organization or
153	153	is located on the premises of a participant's residence;
154	154	(F) does not accept any remuneration other than a
155	155	nominal annual membership fee;
156	156	(G) does not solicit donations as compensation or
157	157	payment for any good or service provided as part of the program; and
158	158	(H) conducts background checks for all program
159	159	employees and volunteers who work with children in the program
160	160	using information that is obtained from the Department of Public
161	161	Safety;
162	162	(20) a living arrangement in a caretaker's home
163	163	involving one or more children or a sibling group, excluding
164	164	children who are related to the caretaker, in which the caretaker:
165	165	(A) had a prior relationship with the child or
166	166	sibling group or other family members of the child or sibling group;
167	167	(B) does not care for more than one unrelated
168	168	child or sibling group;
169	169	(C) does not receive compensation or solicit
170	170	donations for the care of the child or sibling group; and
171	171	(D) has a written agreement with the parent to
172	172	care for the child or sibling group;
173	173	(21) a living arrangement in a caretaker's home
174	174	involving one or more children or a sibling group, excluding
175	175	children who are related to the caretaker, in which:
176	176	(A) the department is the managing conservator of
177	177	the child or sibling group;
178	178	(B) the department placed the child or sibling
179	179	group in the caretaker's home; and
180	180	(C) the caretaker had a long-standing and
181	181	significant relationship with the child or sibling group before the
182	182	child or sibling group was placed with the caretaker;
183	183	(22) a living arrangement in a caretaker's home
184	184	involving one or more children or a sibling group, excluding
185	185	children who are related to the caretaker, in which the child is in
186	186	the United States on a time-limited visa under the sponsorship of
187	187	the caretaker or of a sponsoring organization;
188	188	(23) a facility operated by a nonprofit organization
189	189	that:
190	190	(A) does not otherwise operate as a child-care
191	191	facility that is required to be licensed under this section;
192	192	(B) provides emergency shelter and care for not
193	193	more than 15 days to children 13 years of age or older but younger
194	194	than 18 years of age who are victims of human trafficking alleged
195	195	under Section 20A.02, Penal Code;
196	196	(C) is located in a municipality with a
197	197	population of at least 600,000 that is in a county on an
198	198	international border; and
199	199	(D) meets one of the following criteria:
200	200	(i) is licensed by, or operates under an
201	201	agreement with, a state or federal agency to provide shelter and
202	202	care to children; or
203	203	(ii) meets the eligibility requirements for
204	204	a contract under Section 51.005(b)(3); [or]
205	205	(24) a facility that provides respite care exclusively
206	206	for a local mental health authority under a contract with the local
207	207	mental health authority; or
208	208	(25) [(24)] a living arrangement in a caretaker's home
209	209	involving one or more children or a sibling group in which the
210	210	caretaker:
211	211	(A) has a written authorization agreement under
212	212	Chapter 34, Family Code, with the parent of each child or sibling
213	213	group to care for each child or sibling group;
214	214	(B) does not care for more than six children,
215	215	excluding children who are related to the caretaker; and
216	216	(C) does not receive compensation for caring for
217	217	any child or sibling group.
218	218	SECTION 2. To the extent of any conflict, this Act prevails
219	219	over another Act of the 86th Legislature, Regular Session, 2019,
220	220	relating to nonsubstantive additions to and corrections in enacted
221	221	codes.
222	222	SECTION 3. This Act takes effect September 1, 2019.