By: Paxton S.B. No. 225
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of child-care facilities and family
homes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as Ellie's Law.
SECTION 2. Section 42.025, Human Resources Code, is amended
to read as follows:
Sec. 42.025. SEARCHABLE DATABASE. (a) The department
shall maintain on the department's Internet website a searchable
database that includes:
(1) the name, the address, and any identification
number, as applicable, of each child-care facility or family home
licensed, registered, or listed under this chapter that:
(A) previously had a license, registration, or
listing involuntarily suspended or revoked under this chapter with
a permanent notation indicating the involuntary suspension or
revocation and the year in which the suspension or revocation took
effect or was final under this chapter; or
(B) violated the commission's minimum standards
as determined by the commission; and
(2) the name of each employee of a child-care
facility or family home:
(A) whom the commission has determined to be
responsible for a violation of the minimum standards of any
facility regulated by the commission, including a family home;
(B) who has had a license, registration, or other
occupational authorization revoked by a state agency; or
(C) who has been convicted of a felony.
(b) The commission shall collaborate with licensing
authorities to determine the most efficient method for identifying
child-care facility or family home employees who have had a license
revoked by the licensing authority.
(c) The commission shall include the name of the individual
associated with the license, registration, or listing in any
database entry made under this section.
(d) The executive commissioner may adopt rules as necessary
to implement this section.
(e) In this section:
(1) "License" means a license, registration,
certificate, permit, or other authorization issued by a licensing
authority that a person must obtain to practice or engage in a
particular business, occupation, or profession.
(2) "Licensing authority" means a department,
commission, board, office, or other agency of the state that issues
a license.
SECTION 3. Section 42.046(a), Human Resources Code, is
amended to read as follows:
(a) An applicant for a license to operate a child-care
facility, child-placing agency, or continuum-of-care residential
operation or for a listing or registration to operate a family home
shall submit to the commission [department] the appropriate fee
prescribed by Section 42.054 and a completed application on a form
provided by the commission [department]. The commission shall
require the applicant to provide the applicant's name on the
application form.
SECTION 4. Section 42.048, Human Resources Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) The commission shall associate a license issued under
this chapter with the applicant's name as stated in the applicant's
license application.
SECTION 5. Section 42.049, Human Resources Code, is amended
by amending Subsections (c) and (c-1) and adding Subsections (c-2)
and (c-3) to read as follows:
(c) A [Should the] license or registration holder shall
obtain [for financial reasons or for lack of availability of an
underwriter willing to issue a policy be unable to secure] the
insurance required by [under] Subsection (a) not later than the
60th day after the date the commission issues a license or
registration to the holder [or should the policy limits be
exhausted, the holder shall timely notify the parent or guardian of
each child for whom the holder provides care a written notice that
the liability coverage is not provided and there will not be a
ground for an administrative penalty or suspension or revocation of
the holder's license or registration under this chapter. The holder
shall also notify the commission that the coverage is not provided
and provide the reason for same. In no case shall the inability to
secure coverage serve to indemnify the holder for damages due to
negligence].
(c-1) If a child is enrolled at a child-care facility
before the date the license or registration holder obtains the
insurance required by Subsection (a) or the policy limits become
exhausted, the holder shall timely provide the parent or guardian
of each child for whom the holder provides care written notice that
the insurance coverage has not yet been secured or that the policy
limits have been exhausted. The commission shall prescribe a form
that a license or registration holder may use to provide the notice
required by this subsection [notify a parent or guardian in
accordance with Subsection (c) that liability coverage is not
provided]. The commission shall post the form on the commission's
Internet website.
(c-2) A license or registration holder who enrolls a child
at a child-care facility before the date the holder obtains the
insurance required by Subsection (a) shall timely provide written
notice to the commission that the holder has not yet secured the
insurance required by Subsection (a) and the reason the insurance
has not been secured.
(c-3) The commission may not assess an administrative
penalty or suspend or revoke the holder's license or registration
for violating Subsection (a) during the 60-day period after the
date the commission issues the license or registration. This
subsection may not be construed to indemnify the holder for damages
due to negligence.
SECTION 6. Sections 42.0495(c), (d), and (e), Human
Resources Code, are amended to read as follows:
(c) A [If a] listed family home shall obtain the insurance
[is unable to secure a policy or contract] required by Subsection
(a) not later than the 60th day after the date the commission
approves the listing. If a child is enrolled at a listed family home
before the date the home secures the insurance required by
Subsection (a) [under this section for financial reasons or for
lack of availability of an underwriter willing to issue a policy or
contract] or the home's policy or contract limits are exhausted,
the home shall timely provide written notice to the parent or
guardian of each child attending the home that the insurance has
[liability coverage is] not yet been secured or that the home's
policy or contract limits have been exhausted [provided].
(d) A listed family home that enrolls a child at the home
before the date the home obtains the insurance required [described]
by Subsection (a) [(c)] shall timely provide written notice to the
commission that the home has not yet secured the [is unable to
secure liability] insurance required by Subsection (a) and the
reason the insurance has [could] not been [be] secured.
(e) The [If a listed family home complies with the notice
requirements under this section, the] commission may not assess an
administrative penalty or suspend or revoke the family home's
listing for violating Subsection (a) during the 60-day period after
the date the commission approves the listing. This subsection may
not be construed to indemnify a family home for damages due to
negligence.
SECTION 7. Section 42.050(c), Human Resources Code, is
amended to read as follows:
(c) The commission shall evaluate the application for
renewal of a license to determine if all licensing requirements are
met and whether the facility has been cited for repeated violations
or has established a pattern of violations during the preceding
five [two] years. The evaluation may include a specified number of
visits to the facility and must include a review of all required
forms and records. If the commission determines the facility has
repeated violations or an established pattern of violations, before
the commission renews the license the commission may place
restrictions, conditions, or additional requirements on the
license to ensure the violations cease.
SECTION 8. Section 42.052, Human Resources Code, is amended
by adding Subsection (l) to read as follows:
(l) The commission shall associate a listing or
registration of a family home issued under this chapter with the
applicant's name as stated in the applicant's listing or
registration application.
SECTION 9. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.0562 to read as follows:
Sec. 42.0562. REQUIRED DISCLOSURE REGARDING EMPLOYEE
CONVICTED OF FELONY. Before the date a child-care facility or
family home enrolls a child, the facility or home shall, in
accordance with rules adopted by the executive commissioner, inform
the prospective child's parent or guardian that an employee at the
facility or home has been convicted of a felony.
SECTION 10. This Act takes effect September 1, 2021.