| 1 | 1 | | 88S30638 MLH-F |
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| 2 | 2 | | By: Kitzman H.B. No. 163 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the licensing of child-care facilities providing care |
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| 8 | 8 | | to certain unaccompanied children and the suspension of laws |
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| 9 | 9 | | relating to the licensing of those facilities; creating a criminal |
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| 10 | 10 | | offense. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 418.016, Government Code, is amended by |
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| 13 | 13 | | amending Subsection (a) and adding Subsection (i) to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | (a) Except as provided by this section, the [The] governor |
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| 16 | 16 | | may suspend the provisions of any regulatory statute prescribing |
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| 17 | 17 | | the procedures for conduct of state business or the orders or rules |
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| 18 | 18 | | of a state agency if strict compliance with the provisions, orders, |
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| 19 | 19 | | or rules would in any way prevent, hinder, or delay necessary action |
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| 20 | 20 | | in coping with a disaster. |
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| 21 | 21 | | (i) The governor may not suspend a provision of Chapter 42, |
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| 22 | 22 | | Human Resources Code, or any other law or rule relating to the |
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| 23 | 23 | | licensing or regulation of a residential child-care facility. |
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| 24 | 24 | | SECTION 2. Subchapter D, Chapter 42, Human Resources Code, |
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| 25 | 25 | | is amended by adding Section 42.0762 to read as follows: |
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| 26 | 26 | | Sec. 42.0762. CARE OF CERTAIN UNACCOMPANIED CHILDREN; |
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| 27 | 27 | | CRIMINAL PENALTY. (a) Except as provided by Subsection (b), a |
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| 28 | 28 | | person who provides 24-hour care under a contract with United |
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| 29 | 29 | | States Immigration and Customs Enforcement or the Office of Refugee |
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| 30 | 30 | | Resettlement to children who are not accompanied by or in the |
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| 31 | 31 | | physical custody of a parent, guardian, or other adult family |
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| 32 | 32 | | member must be licensed or certified under this chapter as a |
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| 33 | 33 | | residential child-care facility. |
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| 34 | 34 | | (b) This section does not apply to a religious institution |
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| 35 | 35 | | that is exempt from federal income tax under Section 501(a), |
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| 36 | 36 | | Internal Revenue Code of 1986, as an organization described by |
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| 37 | 37 | | Section 501(c)(3) of that code. |
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| 38 | 38 | | (c) A person who violates this section commits an offense. |
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| 39 | 39 | | (d) An offense under this section is a state jail felony. |
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| 40 | 40 | | SECTION 3. On the effective date of this Act, any law or |
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| 41 | 41 | | rule relating to licensing or regulating residential child-care |
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| 42 | 42 | | facilities that is suspended under Chapter 418, Government Code, as |
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| 43 | 43 | | that law existed immediately before the effective date of this Act, |
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| 44 | 44 | | is reinstated. |
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| 45 | 45 | | SECTION 4. The Health and Human Services Commission shall |
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| 46 | 46 | | establish a process to issue or renew the license of a residential |
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| 47 | 47 | | child-care facility whose license was revoked, suspended, not |
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| 48 | 48 | | renewed, or otherwise affected by an order of the governor issued |
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| 49 | 49 | | under the authority of Section 418.016, Government Code. |
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| 50 | 50 | | SECTION 5. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect on the 91st day after the last day of the |
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| 55 | 55 | | legislative session. |
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