Texas 2025 - 89th Regular

Texas House Bill HB2789 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Frank, Hull, Manuel, Noble H.B. No. 2789
	1	+	By: Frank H.B. No. 2789
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the regulation of child welfare, including licensure,
7	9		community-based care contractors, family homes, and child-care
8	10		facilities.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
11	13		is amended by adding Section 42.0413 to read as follows:
12	14		Sec. 42.0413. EXEMPTION FOR SINGLE SOURCE CONTINUUM
13	15		CONTRACTORS. (a) In this section, "contractor" means a "single
14	16		source continuum contractor," which is contracted by the department
15	17		to provide community-based care, including the management and
16	18		oversight of foster care and other child welfare services,
17	19		consistent with the plan described by Section 264.153, Family Code.
18	20		(b) Notwithstanding any other provision of this chapter, a
19	21		contractor is not required to obtain a child-placing agency license
20	22		for the purpose of fulfilling its contractual obligations to the
21	23		department.
22	24		(c) The exemption under Subsection (b) does not relieve a
23	25		contractor from compliance with other applicable laws, rules, or
24	26		regulations governing the provision of foster care, adoption
25	27		services, or other child welfare services, including requirements
26	28		to ensure the health, safety, and well-being of children in its
27	29		care.
28	30		(d) Nothing in this section may be construed to exempt any
29	31		subcontractor or child-placing agency working under a contractor
30	32		from the applicable licensing requirements under this chapter.
31	33		(e) A contractor may choose to obtain a child-placing agency
32	34		license under this chapter if it determines that obtaining such a
33	35		license would facilitate the performance of its contractual
34	36		obligations or provide additional operational flexibility.
35	37		Obtaining a license is not a requirement for a contractor to fulfill
36	38		its duties under this section.
37	39		SECTION 2. Section 42.043(b), Human Resources Code, is
38	40		amended to read as follows:
39	41		(b) The department shall require that each child at an
40	42		appropriate age [have a test for tuberculosis and] be immunized
41	43		against diphtheria, tetanus, poliomyelitis, mumps, rubella,
42	44		rubeola, invasive pneumococcal disease, and hepatitis A and against
43	45		any other communicable disease as recommended by the Department of
44	46		State Health Services. The immunization must be effective on the
45	47		date of first entry into the facility. However, a child may be
46	48		provisionally admitted if the required immunizations have begun and
47	49		are completed as rapidly as medically feasible.
48	50		SECTION 3. Section 42.049(a), Human Resources Code, is
49	51		amended to read as follows:
50	52		(a) A license or registration holder under this chapter
51	53		shall maintain liability insurance coverage in the amount of
52	54		$100,000 [$300,000] for each occurrence of negligence. An
53	55		insurance policy or contract required under this section must cover
54	56		injury to a child that occurs while the child is on the premises of
55	57		or in the care of the holder.
56	58		SECTION 4. Section 42.0495, Human Resources Code, is
57	59		amended to read as follows:
58	60		Sec. 42.0495. LIABILITY INSURANCE REQUIRED FOR LISTED
59	61		FAMILY HOMES. (a) A listed family home shall maintain liability
60	62		insurance coverage in the amount of $100,000 [$300,000] for each
61	63		occurrence of negligence. An insurance policy or contract required
62	64		under this section must cover injury to a child that occurs while
63	65		the child is on the premises of or in the care of the listed family
64	66		home.
65	67		(b) [A listed family home shall annually file with the
66	68		commission a certificate or other evidence of coverage from an
67	69		insurance company demonstrating that the listed family home has an
68	70		unexpired and uncanceled insurance policy or contract that meets
69	71		the requirements of this section.
70	72		[(c)] If a listed family home is unable to secure a policy or
71	73		contract required under this section for financial reasons or for
72	74		lack of availability of an underwriter willing to issue a policy or
73	75		contract or the home's policy or contract limits are exhausted, the
74	76		home shall timely provide written notice to the parent or guardian
75	77		of each child attending the home that the liability coverage is not
76	78		provided.
77	79		(c) [(d)] A listed family home described by Subsection (b)
78	80		[(c)] shall timely provide written notice to the commission that
79	81		the home is unable to secure liability insurance and the reason the
80	82		insurance could not be secured.
81	83		(d) [(e)] If a listed family home complies with the notice
82	84		requirements under this section, the commission may not assess an
83	85		administrative penalty or suspend or revoke the family home's
84	86		listing for violating Subsection (a). This subsection may not be
85	87		construed to indemnify a family home for damages due to negligence.
86	88		SECTION 5. Section 42.051(b), Human Resources Code, is
87	89		amended to read as follows:
88	90		(b) An initial license is valid for 12 [six] months from the
89	91		date it is issued and may be renewed for an additional six months.
90	92		SECTION 6. Section 42.068, Human Resources Code, is amended
91	93		to read as follows:
92	94		Sec. 42.068. REQUIRED POSTING OF NO TRESPASSING NOTICE;
93	95		CRIMINAL PENALTY. (a) Each general residential operation
94	96		operating as a residential treatment center shall post "No
95	97		Trespassing" notices on the grounds of the general residential
96	98		operation [in the following locations:
97	99		[(1) parallel to and along the exterior boundaries of
98	100		the general residential operation's grounds;
99	101		[(2) at each roadway or other way of access to the
100	102		grounds;
101	103		[(3) for grounds not fenced, at least every five
102	104		hundred feet along the exterior boundaries of the grounds;
103	105		[(4) at each entrance to the grounds; and
104	106		[(5) at conspicuous places reasonably likely to be
105	107		viewed by intruders].
106	108		(b) [Each "No Trespassing" notice posted on the grounds of a
107	109		general residential operation operating as a residential treatment
108	110		center must:
109	111		[(1) state that entry to the property is forbidden;
110	112		[(2) include a description of the provisions of
111	113		Section 30.05, Penal Code, including the penalties for violating
112	114		Section 30.05, Penal Code;
113	115		[(3) include the name and address of the person under
114	116		whose authority the notice is posted;
115	117		[(4) be written in English and Spanish; and
116	118		[(5) be at least 8-1/2 by 11 inches in size.
117	119		[(c)] The executive commissioner by rule shall determine
118	120		and prescribe the requirements regarding the placement,
119	121		installation, design, size, wording, and maintenance procedures
120	122		for the "No Trespassing" notices.
121	123		(c) [(d)] The commission shall provide without charge to
122	124		each general residential operation operating as a residential
123	125		treatment center the number of "No Trespassing" notices required to
124	126		comply with this section and rules adopted under this section.
125	127		(d) [(e)] A person who operates a general residential
126	128		operation operating as a residential treatment center commits an
127	129		offense if the commission provides "No Trespassing" notices to the
128	130		facility and the person fails to display the "No Trespassing"
129	131		notices on the operation's grounds as required by this section
130	132		before the end of the 30th business day after the date the operation
131	133		receives the notices. An offense under this subsection is a Class C
132	134		misdemeanor.
133	135		SECTION 7. Sections 43.004(a) and (b), Human Resources
134	136		Code, are amended to read as follows:
135	137		(a) To be eligible for a child-care administrator's license
136	138		a person must:
137	139		(1) provide information for the department's use in
138	140		conducting a criminal history and background check under Subsection
139	141		(c), including a complete set of the person's fingerprints;
140	142		(2) satisfy the minimum requirements under department
141	143		rules relating to criminal history and background checks;
142	144		(3) pass an examination developed and administered by
143	145		the department that demonstrates competence in the field of
144	146		child-care administration; and
145	147		(4) have an experiential or educational equivalent to
146	148		that of a bachelor's degree in social work, child development, or a
147	149		similar [one year of full-time experience in management or
148	150		supervision of child-care personnel and programs; and
149	151		[(5) have one of the following educational and
150	152		experience qualifications:
151	153		[(A) a master's or doctoral degree in social work
152	154		or other area of study; or
153	155		[(B) a bachelor's degree and two years' full-time
154	156		experience in child care or a closely related] field.
155	157		(b) To be eligible for a child-placing agency
156	158		administrator's license a person must:
157	159		(1) provide information for the department's use in
158	160		conducting a criminal history and background check under Subsection
159	161		(c), including a complete set of the person's fingerprints;
160	162		(2) satisfy the minimum requirements under department
161	163		rules relating to criminal history and background checks;
162	164		(3) pass an examination developed and administered by
163	165		the department that demonstrates competence in the field of placing
164	166		children in residential settings or adoptive homes; and
165	167		(4) have an experiential or educational equivalent to
166	168		that of a bachelor's degree in social work, child development, or a
167	169		similar [one year of full-time experience in management or
168	170		supervision of child-placing personnel and programs; and
169	171		[(5) have one of the following educational and
170	172		experience qualifications:
171	173		[(A) a master's or doctoral degree in social work
172	174		or other area of study; or
173	175		[(B) a bachelor's degree and two years' full-time
174	176		experience in the field of placing children in residential settings
175	177		or adoptive homes or a closely related] field.
176	178		SECTION 8. Section 43.009(e), Human Resources Code, is
177	179		amended to read as follows:
178	180		(e) If a person's license has been expired for longer than
179	181		90 days but less than one year, the person may renew the license by
180	182		paying to the department one and one-half [two] times the required
181	183		renewal fee.
182	184		SECTION 9. Section 42.0431(b), Human Resources Code, is
183	185		repealed.
184	186		SECTION 10. (a) The commissioner of the Department of
185	187		Family and Protective Services shall adopt rules necessary to
186	188		implement the changes in law made by this Act not later than
187	189		December 1, 2025.
188	190		(b) The rules adopted to implement Section 42.0413, Human
189	191		Resources Code, as added by this Act, must ensure that single source
190	192		continuum contractors operate in a manner that continues to
191	193		prioritize the safety and well-being of children in the foster care
192	194		system.
193	195		SECTION 11. (a) Sections 3 and 4 of this Act take effect
194	196		January 1, 2026.
195	197		(b) Except as provided by Subsection (a) of this section,
196	198		this Act takes effect September 1, 2025.