Texas 2021 - 87th Regular

Texas Senate Bill SB225 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 225
	1	+	87R25624 MM-F
	2	+	By: Paxton S.B. No. 225
	3	+	(Sanford)
	4	+	Substitute the following for S.B. No. 225: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the regulation of certain child-care facilities and
6	10		family homes.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. This Act may be cited as Ellie's Law.
9	13		SECTION 2. Section 42.025, Human Resources Code, is amended
10	14		to read as follows:
11	15		Sec. 42.025. SEARCHABLE DATABASE. (a) The commission
12	16		[department] shall permanently maintain on the commission's
13	17		[department's] Internet website a searchable database that lists
14	18		[includes the name, the address, and any identification number, as
15	19		applicable, of] each group day-care home and family home licensed,
16	20		registered, or listed under this chapter:
17	21		(1) that previously had a license, registration, or
18	22		listing under this chapter involuntarily suspended or revoked; or
19	23		(2) for which the commission refused to renew a
20	24		license, registration, or listing [under this chapter with a
21	25		permanent notation indicating the involuntary suspension or
22	26		revocation and the year in which the suspension or revocation took
23	27		effect or was final under this chapter].
24	28		(b) The database maintained under Subsection (a) must
25	29		include for each group day-care home and licensed or registered
26	30		family home:
27	31		(1) the name of the facility;
28	32		(2) the address of the facility, including the county
29	33		in which the facility is located;
30	34		(3) any identification number associated with the
31	35		facility;
32	36		(4) the name of the sole proprietor or each partner who
33	37		owns the child-care operation or, if the owner is a business entity,
34	38		the name of each officer responsible for the management of the
35	39		child-care operation as determined by the commissioner; and
36	40		(5) the year in which:
37	41		(A) the involuntary suspension or revocation of
38	42		the facility's license, registration, or listing took effect or was
39	43		final under this chapter; or
40	44		(B) the commission refused to renew the
41	45		facility's license, registration, or listing.
42	46		(c) The commission shall include the name of each individual
43	47		described by Subsection (b)(4) who is associated with the license,
44	48		registration, or listing in any database entry made under this
45	49		section.
46	50		(d) The executive commissioner may adopt rules as necessary
47	51		to implement this section.
48	52		SECTION 3. Subchapter C, Chapter 42, Human Resources Code,
49	53		is amended by adding Section 42.04291 to read as follows:
50	54		Sec. 42.04291. SUPERVISION STANDARDS FOR INFANT DURING TIME
51	55		SPENT ON STOMACH. The executive commissioner by rule shall
52	56		establish standards for the visual and auditory supervision of an
53	57		infant engaged in time on the infant's stomach while awake. Each
54	58		group day-care home and listed and registered family home shall
55	59		comply with the supervision standards.
56	60		SECTION 4. Section 42.046, Human Resources Code, is amended
57	61		by amending Subsection (a) and adding Subsection (a-1) to read as
58	62		follows:
59	63		(a) An applicant for a license to operate a child-care
60	64		facility, child-placing agency, or continuum-of-care residential
61	65		operation or for a listing or registration to operate a family home
62	66		shall submit to the commission [department] the appropriate fee
63	67		prescribed by Section 42.054 and a completed application on a form
64	68		provided by the commission [department].
65	69		(a-1) The commission shall require the applicant for a
66	70		license, registration, or listing for a group day-care home or a
67	71		family home to provide the applicant's name and the name of the sole
68	72		proprietor or each partner who owns the child-care operation or, if
69	73		the owner is a business entity, the name of each officer responsible
70	74		for the management of the child-care operation as determined by the
71	75		commissioner on the application form.
72	76		SECTION 5. Section 42.048, Human Resources Code, is amended
73	77		by adding Subsection (a-1) and amending Subsections (e) and (e-3)
74	78		to read as follows:
75	79		(a-1) The commission shall associate a license issued under
76	80		this chapter for a group day-care home with the applicant's name as
77	81		stated in the applicant's license application.
78	82		(e) A license issued under this chapter is not transferable
79	83		and applies only to the operator [and facility location] stated in
80	84		the license application. A [Except as provided by Subsections
81	85		(e-1), (e-2), and (e-3), a] change in [location or] ownership
82	86		automatically revokes a license.
83	87		(e-3) [A change in location of a school-age program operated
84	88		exclusively during the summer period or any other time when school
85	89		is not in session does not automatically revoke the license to
86	90		operate the school-age program.] A licensed child-care facility
87	91		[school-age program] that changes location:
88	92		(1) must inform the commission regarding the new
89	93		location before changing location; and
90	94		(2) may not operate at the new location unless the
91	95		commission approves the new location after the licensed child-care
92	96		facility [school-age program] meets all requirements related to the
93	97		new location.
94	98		SECTION 6. Section 42.050(c), Human Resources Code, is
95	99		amended to read as follows:
96	100		(c) The commission shall evaluate the application for
97	101		renewal of a license to determine if all licensing requirements are
98	102		met and whether the facility has been cited for repeated violations
99	103		or has established a pattern of violations during the preceding
100	104		five [two] years. The evaluation may include a specified number of
101	105		visits to the facility and must include a review of all required
102	106		forms and records. If the commission determines the facility has
103	107		repeated violations or an established pattern of violations, before
104	108		the commission renews the license the commission may place
105	109		restrictions, conditions, or additional requirements on the
106	110		license to ensure the violations cease.
107	111		SECTION 7. Section 42.052, Human Resources Code, is amended
108	112		by amending Subsection (f-2) and adding Subsection (l) to read as
109	113		follows:
110	114		(f-2) The commission shall evaluate an application for
111	115		renewal of a facility certification or family home registration to
112	116		determine if all requirements are met and whether the applicant has
113	117		been cited for repeated violations or has established a pattern of
114	118		violations during the preceding five [two] years. The evaluation
115	119		may include a specified number of visits to the facility or family
116	120		home subject to this section and must include a review of all
117	121		required forms and records. If the commission determines the
118	122		facility or family home has repeated violations or an established
119	123		pattern of violations, before the commission renews the
120	124		certification or registration the commission may place
121	125		restrictions, conditions, or additional requirements on the
122	126		certification or registration to ensure the violations cease.
123	127		(l) The commission shall associate a listing or
124	128		registration of a family home issued under this chapter with the
125	129		applicant's name as stated in the applicant's listing or
126	130		registration application.
127	131		SECTION 8. Subchapter C, Chapter 42, Human Resources Code,
128	132		is amended by adding Section 42.0562 to read as follows:
129	133		Sec. 42.0562. INFORMATION REGARDING CERTAIN GROUP DAY-CARE
130	134		HOME AND FAMILY HOME EMPLOYEES. (a) The commission shall collect
131	135		information regarding group day-care home and family home employees
132	136		who have had a license, registration, or other occupational
133	137		authorization revoked by a licensing authority.
134	138		(b) The commission shall collaborate with licensing
135	139		authorities to determine the most efficient method for identifying
136	140		group day-care home or family home employees who have had a license
137	141		revoked by the licensing authority.
138	142		(c) In this section:
139	143		(1) "License" means a license, registration,
140	144		certificate, permit, or other authorization issued by a licensing
141	145		authority that a person must obtain to practice or engage in a
142	146		particular business, occupation, or profession.
143	147		(2) "Licensing authority" means a department,
144	148		commission, board, office, or other agency of the state that issues
145	149		a license.
146	150		SECTION 9. Sections 42.048(e-1) and (e-2), Human Resources
147	151		Code, are repealed.
148	152		SECTION 10. The executive commissioner of the Health and
149	153		Human Services Commission is required to implement this Act only if
150	154		the legislature appropriates money specifically for that purpose.
151	155		If the legislature does not appropriate money specifically for that
152	156		purpose, the executive commissioner may, but is not required to,
153	157		implement this Act using other appropriations available for the
154	158		purpose.
155	159		SECTION 11. This Act takes effect September 1, 2021.
156		-	______________________________ ______________________________
157		-	President of the Senate Speaker of the House
158		-	I hereby certify that S.B. No. 225 passed the Senate on
159		-	May 3, 2021, by the following vote: Yeas 30, Nays 0; and that the
160		-	Senate concurred in House amendment on May 29, 2021, by the
161		-	following vote: Yeas 31, Nays 0.
162		-	______________________________
163		-	Secretary of the Senate
164		-	I hereby certify that S.B. No. 225 passed the House, with
165		-	amendment, on May 26, 2021, by the following vote: Yeas 141,
166		-	Nays 1, three present not voting.
167		-	______________________________
168		-	Chief Clerk of the House
169		-	Approved:
170		-	______________________________
171		-	Date
172		-	______________________________
173		-	Governor