By: Kitzman H.B. No. 5000
A BILL TO BE ENTITLED
AN ACT
relating to licensing and regulation of certain child-care
facilities; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Subsection 42.002(26):
(26) "Unlawfully present individual" means an
individual who is neither a citizen nor has a right to be present in
the United States under the Immigration and Nationality Act or
accompanying regulations or decisions, who is in the custody of the
federal government. This term includes a child who has no lawful
immigration status in the United States and:
(a) with respect to whom, there is no parent or legal
guardian in the United States, or no parent or legal guardian in the
United States available to provide care and physical custody, as
described in 6 U.S.C. ยง279(g)(2); or
(b) who is detained with a parent or other adult family
member who is not lawfully present in the United States.
SECTION 2. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Subsection 42.041(a-1) to read as follows:
(a-1) Notwithstanding any other law, no person may operate a
child-care facility that provides 24-hour care to individuals not
lawfully present in the United States who are in the custody of the
federal government without a license issued by the department.
SECTION 3. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Subsection 42.076(a-1) to read as follows:
(a-1) A person who operates a facility described by Section
42.041(a-1) without a license commits a State Jail felony.
SECTION 4. This Act takes effect immediately if it receives
a vote of 2/3 of all the members elected to each house, as provided
by Section 39, Article III, Texas Constitution. If this Act does
not receive the vote necessary for immediate effect, this Act takes
effect September 1, 2023.