S.B. No. 225
AN ACT
relating to the regulation of certain 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 commission
[department] shall permanently maintain on the commission's
[department's] Internet website a searchable database that lists
[includes the name, the address, and any identification number, as
applicable, of] each group day-care home and family home licensed,
registered, or listed under this chapter:
(1) that previously had a license, registration, or
listing under this chapter involuntarily suspended or revoked; or
(2) for which the commission refused to renew a
license, registration, or listing [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].
(b) The database maintained under Subsection (a) must
include for each group day-care home and licensed or registered
family home:
(1) the name of the facility;
(2) the address of the facility, including the county
in which the facility is located;
(3) any identification number associated with the
facility;
(4) the name of the sole proprietor or each partner who
owns the child-care operation or, if the owner is a business entity,
the name of each officer responsible for the management of the
child-care operation as determined by the commissioner; and
(5) the year in which:
(A) the involuntary suspension or revocation of
the facility's license, registration, or listing took effect or was
final under this chapter; or
(B) the commission refused to renew the
facility's license, registration, or listing.
(c) The commission shall include the name of each individual
described by Subsection (b)(4) who is 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.
SECTION 3. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.04291 to read as follows:
Sec. 42.04291. SUPERVISION STANDARDS FOR INFANT DURING TIME
SPENT ON STOMACH. The executive commissioner by rule shall
establish standards for the visual and auditory supervision of an
infant engaged in time on the infant's stomach while awake. Each
group day-care home and listed and registered family home shall
comply with the supervision standards.
SECTION 4. Section 42.046, Human Resources Code, is amended
by amending Subsection (a) and adding Subsection (a-1) 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].
(a-1) The commission shall require the applicant for a
license, registration, or listing for a group day-care home or a
family home to provide the applicant's name and the name of the sole
proprietor or each partner who owns the child-care operation or, if
the owner is a business entity, the name of each officer responsible
for the management of the child-care operation as determined by the
commissioner on the application form.
SECTION 5. Section 42.048, Human Resources Code, is amended
by adding Subsection (a-1) and amending Subsections (e) and (e-3)
to read as follows:
(a-1) The commission shall associate a license issued under
this chapter for a group day-care home with the applicant's name as
stated in the applicant's license application.
(e) A license issued under this chapter is not transferable
and applies only to the operator [and facility location] stated in
the license application. A [Except as provided by Subsections
(e-1), (e-2), and (e-3), a] change in [location or] ownership
automatically revokes a license.
(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 licensed child-care facility
[school-age program] that changes location:
(1) must inform the commission regarding the new
location before changing location; and
(2) may not operate at the new location unless the
commission approves the new location after the licensed child-care
facility [school-age program] meets all requirements related to the
new location.
SECTION 6. 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 7. Section 42.052, Human Resources Code, is amended
by amending Subsection (f-2) and adding Subsection (l) to read as
follows:
(f-2) The commission shall evaluate an application for
renewal of a facility certification or family home registration to
determine if all requirements are met and whether the applicant 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 or family
home subject to this section and must include a review of all
required forms and records. If the commission determines the
facility or family home has repeated violations or an established
pattern of violations, before the commission renews the
certification or registration the commission may place
restrictions, conditions, or additional requirements on the
certification or registration to ensure the violations cease.
(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 8. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.0562 to read as follows:
Sec. 42.0562. INFORMATION REGARDING CERTAIN GROUP DAY-CARE
HOME AND FAMILY HOME EMPLOYEES. (a) The commission shall collect
information regarding group day-care home and family home employees
who have had a license, registration, or other occupational
authorization revoked by a licensing authority.
(b) The commission shall collaborate with licensing
authorities to determine the most efficient method for identifying
group day-care home or family home employees who have had a license
revoked by the licensing authority.
(c) 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 9. Sections 42.048(e-1) and (e-2), Human Resources
Code, are repealed.
SECTION 10. The executive commissioner of the Health and
Human Services Commission is required to implement this Act only if
the legislature appropriates money specifically for that purpose.
If the legislature does not appropriate money specifically for that
purpose, the executive commissioner may, but is not required to,
implement this Act using other appropriations available for the
purpose.
SECTION 11. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 225 passed the Senate on
May 3, 2021, by the following vote: Yeas 30, Nays 0; and that the
Senate concurred in House amendment on May 29, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 225 passed the House, with
amendment, on May 26, 2021, by the following vote: Yeas 141,
Nays 1, three present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor