Texas 2019 - 86th Regular

Texas Senate Bill SB569 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 569
	1	+	By: Huffman S.B. No. 569
	2	+	(Bonnen of Galveston)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the regulation of listed family homes.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Section 42.042, Human Resources Code, is amended
8	10		by adding Subsection (d-1) and amending Subsection (g) to read as
9	11		follows:
10	12		(d-1) The executive commissioner by rule shall adopt
11	13		minimum standards for listed family homes. The minimum standards
12	14		must:
13	15		(1) promote the health, safety, and welfare of
14	16		children attending a listed family home;
15	17		(2) promote safe, comfortable, and healthy listed
16	18		family homes for children;
17	19		(3) ensure adequate supervision of children by
18	20		capable, qualified, and healthy personnel; and
19	21		(4) ensure medication is administered in accordance
20	22		with Section 42.065.
21	23		(g) In promulgating minimum standards the executive
22	24		commissioner may recognize and treat differently the types of
23	25		services provided by the following:
24	26		(1) listed family homes;
25	27		(2) registered family homes;
26	28		(3) [(2)] child-care facilities, including general
27	29		residential operations, cottage home operations, specialized
28	30		child-care homes, group day-care homes, and day-care centers;
29	31		(4) [(3)] child-placing agencies;
30	32		(5) [(4)] agency foster homes;
31	33		(6) [(5)] continuum-of-care residential operations;
32	34		(7) [(6)] before-school or after-school programs; and
33	35		(8) [(7)] school-age programs.
34	36		SECTION 2. Sections 42.044(a) and (c), Human Resources
35	37		Code, are amended to read as follows:
36	38		(a) An authorized representative of the commission
37	39		[department] may visit a facility regulated under this chapter or a
38	40		registered or listed family home during operating hours to
39	41		investigate, inspect, and evaluate.
40	42		(c) The commission [department] must investigate a facility
41	43		regulated under this chapter or a registered or listed family home
42	44		when a complaint is received by the commission. The representative
43	45		of the commission [department] must notify the operator of a
44	46		registered or listed family home or the director or authorized
45	47		representative of a regulated facility when a complaint is being
46	48		investigated and report in writing the results of the investigation
47	49		to the family home's operator or to the regulated facility's
48	50		director or the director's authorized representative.
49	51		SECTION 3. Section 42.04425, Human Resources Code, is
50	52		amended by adding Subsection (d) to read as follows:
51	53		(d) The commission shall provide with the inspection data
52	54		described by Subsection (c) a minimum of five years of
53	55		investigative data for listed family homes regulated under this
54	56		chapter to enhance consumer choice with respect to those homes.
55	57		SECTION 4. Section 42.0446, Human Resources Code, is
56	58		amended to read as follows:
57	59		Sec. 42.0446. REMOVAL OF CERTAIN INVESTIGATION INFORMATION
58	60		FROM INTERNET WEBSITE. The executive commissioner shall adopt
59	61		rules providing a procedure by which the commission [department]
60	62		removes from the commission's [department's] Internet website
61	63		information on [with respect to] a child-care facility or
62	64		registered or listed family home that relates to an anonymous
63	65		complaint alleging [that] the facility or family home failed to
64	66		comply with the commission's [department's] minimum standards if,
65	67		at the conclusion of an investigation, the commission [department]
66	68		determines [that] the complaint is false or lacks factual
67	69		foundation.
68	70		SECTION 5. Section 42.0447(a), Human Resources Code, is
69	71		amended to read as follows:
70	72		(a) A person commits an offense if the person knowingly or
71	73		intentionally files a complaint alleging that a child-care facility
72	74		or registered or listed family home failed to comply with the
73	75		commission's [department's] minimum standards and the person knows
74	76		the allegation is false or lacks factual foundation.
75	77		SECTION 6. Section 42.046, Human Resources Code, is amended
76	78		by adding Subsection (f) to read as follows:
77	79		(f) An applicant for a listing to operate a family home
78	80		shall submit with the application proof of the applicant's
79	81		successful completion of safe sleep training in accordance with
80	82		commission rules.
81	83		SECTION 7. Subchapter C, Chapter 42, Human Resources Code,
82	84		is amended by adding Section 42.0495 to read as follows:
83	85		Sec. 42.0495. LIABILITY INSURANCE REQUIRED FOR LISTED
84	86		FAMILY HOMES. (a) A listed family home shall maintain liability
85	87		insurance coverage in the amount of $300,000 for each occurrence of
86	88		negligence. An insurance policy or contract required under this
87	89		section must cover injury to a child that occurs while the child is
88	90		on the premises of or in the care of the listed family home.
89	91		(b) A listed family home shall annually file with the
90	92		commission a certificate or other evidence of coverage from an
91	93		insurance company demonstrating that the listed family home has an
92	94		unexpired and uncanceled insurance policy or contract that meets
93	95		the requirements of this section.
94	96		(c) If a listed family home is unable to secure a policy or
95	97		contract required under this section for financial reasons or for
96	98		lack of availability of an underwriter willing to issue a policy or
97	99		contract or the home's policy or contract limits are exhausted, the
98	100		home shall timely provide written notice to the parent or guardian
99	101		of each child attending the home that the liability coverage is not
100	102		provided.
101	103		(d) A listed family home described by Subsection (c) shall
102	104		timely provide written notice to the commission that the home is
103	105		unable to secure liability insurance and the reason the insurance
104	106		could not be secured.
105	107		(e) If a listed family home complies with the notice
106	108		requirements under this section, the commission may not assess an
107	109		administrative penalty or suspend or revoke the family home's
108	110		listing for violating Subsection (a). This subsection may not be
109	111		construed to indemnify a family home for damages due to negligence.
110	112		SECTION 8. Sections 42.052(f) and (i), Human Resources
111	113		Code, are amended to read as follows:
112	114		(f) To remain listed or registered with the commission
113	115		[department], a family home must comply with the commission's
114	116		[department's] rules and standards[, if applicable,] and any
115	117		provision of this chapter that applies to a listed or registered
116	118		family home.
117	119		(i) The commission [department] shall provide to a listed
118	120		family home a copy of the listing. A listing must contain a
119	121		provision that states: "THIS HOME IS A LISTED FAMILY HOME. IT IS
120	122		NOT LICENSED OR REGISTERED WITH THE HEALTH AND HUMAN [DEPARTMENT OF
121	123		FAMILY AND PROTECTIVE] SERVICES COMMISSION. A LISTED FAMILY HOME
122	124		HAS LIMITED MINIMUM STANDARDS AND IS NOT [IT HAS NOT BEEN INSPECTED
123	125		AND WILL NOT BE] INSPECTED UNLESS A COMPLAINT IS FILED WITH THE
124	126		COMMISSION." The operator of a listed family home is not required
125	127		to display the listing in a prominent place at the home but shall
126	128		make the listing available for examination. [The executive
127	129		commissioner by rule shall provide for a sufficient period to allow
128	130		operators of family homes to comply with the listing requirement of
129	131		this section.]
130	132		SECTION 9. Section 42.0522(b), Human Resources Code, is
131	133		amended to read as follows:
132	134		(b) A family home may not place a public advertisement that
133	135		uses the title "listed family home" or any variation of that phrase
134	136		unless the home is listed as provided by this chapter. Any public
135	137		advertisement for a listed family home that uses the title "listed
136	138		family home" must contain a provision in bold type stating: "THIS
137	139		HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED WITH
138	140		THE HEALTH AND HUMAN [DEPARTMENT OF FAMILY AND PROTECTIVE] SERVICES
139	141		COMMISSION. A LISTED FAMILY HOME HAS LIMITED MINIMUM STANDARDS AND
140	142		IS NOT [IT HAS NOT BEEN INSPECTED AND WILL NOT BE] INSPECTED UNLESS
141	143		A COMPLAINT IS FILED WITH THE COMMISSION."
142	144		SECTION 10. Section 42.0523, Human Resources Code, is
143	145		amended by adding Subsection (e) to read as follows:
144	146		(e) The following requirements do not apply to a family home
145	147		listed under this section:
146	148		(1) the minimum standards adopted under Section
147	149		42.042; and
148	150		(2) the liability insurance requirement under Section
149	151		42.0495.
150	152		SECTION 11. Sections 42.044(c-1) and (c-2), Human Resources
151	153		Code, are repealed.
152	154		SECTION 12. As soon as practicable after the effective date
153	155		of this Act, the executive commissioner of the Health and Human
154	156		Services Commission shall adopt rules necessary to implement
155	157		Chapter 42, Human Resources Code, as amended by this Act.
156	158		SECTION 13. The Health and Human Services Commission is
157	159		required to implement a provision of this Act only if the
158	160		legislature appropriates money specifically for that purpose. If
159	161		the legislature does not appropriate money specifically for that
160	162		purpose, the commission may, but is not required to, implement a
161	163		provision of this Act using other appropriations available for that
162	164		purpose.
163	165		SECTION 14. This Act takes effect September 1, 2019.
164		-	______________________________ ______________________________
165		-	President of the Senate Speaker of the House
166		-	I hereby certify that S.B. No. 569 passed the Senate on
167		-	April 16, 2019, by the following vote: Yeas 29, Nays 2.
168		-	______________________________
169		-	Secretary of the Senate
170		-	I hereby certify that S.B. No. 569 passed the House on
171		-	May 22, 2019, by the following vote: Yeas 120, Nays 24, two
172		-	present not voting.
173		-	______________________________
174		-	Chief Clerk of the House
175		-	Approved:
176		-	______________________________
177		-	Date
178		-	______________________________
179		-	Governor