| 1 | 1 | | S.B. No. 1327 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to authorizing a day-care center to employ an interim |
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| 6 | 6 | | director. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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| 9 | 9 | | is amended by adding Section 42.04201 to read as follows: |
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| 10 | 10 | | Sec. 42.04201. INTERIM DIRECTOR. (a) If a candidate to |
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| 11 | 11 | | serve as the director of a day-care center operating under an |
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| 12 | 12 | | initial license under Section 42.051 meets all the qualifications |
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| 13 | 13 | | for a director prescribed by department rules except for the |
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| 14 | 14 | | education requirements, the candidate may serve as interim director |
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| 15 | 15 | | of the day-care center for not longer than 12 months while the |
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| 16 | 16 | | candidate completes the requisite education or obtains a waiver to |
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| 17 | 17 | | the education requirement authorized by commission rule. |
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| 18 | 18 | | (b) If the interim director completes the education |
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| 19 | 19 | | requirements prescribed by the department or obtains a waiver to |
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| 20 | 20 | | the education requirement before the end of the 12th month after the |
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| 21 | 21 | | date the person began serving as interim director, the interim |
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| 22 | 22 | | director may become the director of the day-care center. |
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| 23 | 23 | | (c) If the interim director fails to complete the education |
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| 24 | 24 | | requirements prescribed by the department or obtain a waiver to the |
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| 25 | 25 | | education requirement before the end of the 12th month after the |
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| 26 | 26 | | date the person began serving as interim director, the day-care |
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| 27 | 27 | | center shall employ a new director. |
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| 28 | 28 | | SECTION 2. Section 42.0761(a), Human Resources Code, is |
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| 29 | 29 | | amended to read as follows: |
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| 30 | 30 | | (a) An owner or operator of a day-care center commits an |
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| 31 | 31 | | offense if the owner or operator knowingly operates the day-care |
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| 32 | 32 | | center: |
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| 33 | 33 | | (1) without a director who meets the qualifications of |
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| 34 | 34 | | a director prescribed by department rules or an interim director |
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| 35 | 35 | | under Section 42.04201; or |
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| 36 | 36 | | (2) without the routine presence during the day-care |
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| 37 | 37 | | center's hours of operation of a director or an interim director |
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| 38 | 38 | | described by Subdivision (1). |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 40 | 40 | | ______________________________ ______________________________ |
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| 41 | 41 | | President of the Senate Speaker of the House |
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| 42 | 42 | | I hereby certify that S.B. No. 1327 passed the Senate on |
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| 43 | 43 | | May 3, 2023, by the following vote: Yeas 31, Nays 0. |
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| 44 | 44 | | ______________________________ |
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| 45 | 45 | | Secretary of the Senate |
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| 46 | 46 | | I hereby certify that S.B. No. 1327 passed the House on |
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| 47 | 47 | | May 24, 2023, by the following vote: Yeas 110, Nays 28, one |
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| 48 | 48 | | present not voting. |
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| 49 | 49 | | ______________________________ |
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| 50 | 50 | | Chief Clerk of the House |
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| 51 | 51 | | Approved: |
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| 52 | 52 | | ______________________________ |
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| 53 | 53 | | Date |
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| 54 | 54 | | ______________________________ |
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| 55 | 55 | | Governor |
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