88S30638 MLH-F
By: Kitzman H.B. No. 163
A BILL TO BE ENTITLED
AN ACT
relating to the licensing of child-care facilities providing care
to certain unaccompanied children and the suspension of laws
relating to the licensing of those facilities; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.016, Government Code, is amended by
amending Subsection (a) and adding Subsection (i) to read as
follows:
(a) Except as provided by this section, the [The] governor
may suspend the provisions of any regulatory statute prescribing
the procedures for conduct of state business or the orders or rules
of a state agency if strict compliance with the provisions, orders,
or rules would in any way prevent, hinder, or delay necessary action
in coping with a disaster.
(i) The governor may not suspend a provision of Chapter 42,
Human Resources Code, or any other law or rule relating to the
licensing or regulation of a residential child-care facility.
SECTION 2. Subchapter D, Chapter 42, Human Resources Code,
is amended by adding Section 42.0762 to read as follows:
Sec. 42.0762. CARE OF CERTAIN UNACCOMPANIED CHILDREN;
CRIMINAL PENALTY. (a) Except as provided by Subsection (b), a
person who provides 24-hour care under a contract with United
States Immigration and Customs Enforcement or the Office of Refugee
Resettlement to children who are not accompanied by or in the
physical custody of a parent, guardian, or other adult family
member must be licensed or certified under this chapter as a
residential child-care facility.
(b) This section does not apply to a religious institution
that is exempt from federal income tax under Section 501(a),
Internal Revenue Code of 1986, as an organization described by
Section 501(c)(3) of that code.
(c) A person who violates this section commits an offense.
(d) An offense under this section is a state jail felony.
SECTION 3. On the effective date of this Act, any law or
rule relating to licensing or regulating residential child-care
facilities that is suspended under Chapter 418, Government Code, as
that law existed immediately before the effective date of this Act,
is reinstated.
SECTION 4. The Health and Human Services Commission shall
establish a process to issue or renew the license of a residential
child-care facility whose license was revoked, suspended, not
renewed, or otherwise affected by an order of the governor issued
under the authority of Section 418.016, Government Code.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds 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 on the 91st day after the last day of the
legislative session.