Texas 2025 - 89th Regular

Texas House Bill HB5065 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15959 MM-D
2	2	By: Leach H.B. No. 5065
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of residential treatment centers,
10	10	including requirements related to public education for certain
11	11	children who reside in residential treatment centers; creating a
12	12	criminal offense.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 29.012(e), Education Code, is amended to
15	15	read as follows:
16	16	(e) This section does not apply to:
17	17	(1) a residential treatment facility for juveniles
18	18	established under Section 221.056, Human Resources Code; or
19	19	(2) a residential treatment center that operates an
20	20	educational program described by Section 42.2541, Human Resources
21	21	Code.
22	22	SECTION 2. Subchapter C, Chapter 48, Education Code, is
23	23	amended by adding Section 48.1024 to read as follows:
24	24	Sec. 48.1024. RESIDENTIAL TREATMENT CENTER STUDENT
25	25	ALLOTMENT. (a) A school district that has entered into an
26	26	agreement with a residential treatment center under Section
27	27	42.2541(e), Human Resources Code, is entitled to an allotment as
28	28	determined under Subsection (b) for each student with a service
29	29	level of intense or intense plus who resides in the residential
30	30	treatment center and to whom the district provides educational
31	31	programs.
32	32	(b) The commissioner shall adopt a formula to determine the
33	33	amount of the allotment to which each school district described by
34	34	Subsection (a) is entitled. The amount of the allotment must be:
35	35	(1) proportional to the amount of time spent by the
36	36	student in an educational program provided by the district; and
37	37	(2) based on the amount the agency receives from the
38	38	Department of Family and Protective Services under Section
39	39	42.2541(f) for students who reside in a residential treatment
40	40	center and are enrolled in the district.
41	41	SECTION 3. Subchapter C, Chapter 42, Human Resources Code,
42	42	is amended by adding Section 42.0464 to read as follows:
43	43	Sec. 42.0464. REGULATION OF RESIDENTIAL TREATMENT CENTERS;
44	44	DATABASE. (a) In this section, "residential treatment center" has
45	45	the meaning assigned by Section 263.001, Family Code.
46	46	(b) The commission shall maintain a record of:
47	47	(1) the name of the sole proprietor or each partner who
48	48	owns a residential treatment center or, if the owner is a business
49	49	entity, the name of each officer responsible for the management of
50	50	the residential treatment center as determined by the executive
51	51	commissioner; and
52	52	(2) the status of each license issued to a residential
53	53	treatment center, including information regarding:
54	54	(A) the involuntary suspension or revocation of
55	55	the center's license and the date the suspension or revocation took
56	56	effect or was final under this chapter; or
57	57	(B) whether the commission refused to renew the
58	58	center's license.
59	59	(c) The commission shall include the name of each individual
60	60	described by Subsection (b)(1) who is associated with the license
61	61	in any records maintained under this section.
62	62	(d) The commission shall maintain on the commission's
63	63	Internet website a searchable database that lists each residential
64	64	treatment center, including the name of each individual or entity
65	65	that owns or is responsible for managing the center and the location
66	66	of the center.
67	67	(e) A third-party contractor or affiliate is subject to the
68	68	requirements of this section in the same manner as an individual.
69	69	(f) The commission may not issue a license to operate a
70	70	residential treatment center to any person who is associated with a
71	71	residential treatment center license before the fifth anniversary
72	72	after the date:
73	73	(1) a center operator's license is involuntarily
74	74	suspended or revoked by the commission based on a finding of a
75	75	violation of law; or
76	76	(2) a center is voluntarily closed or a contract with
77	77	the department terminated if the closure or termination occurs
78	78	during the 12 months following the date the center operator
79	79	receives notice of an investigation by the department or other
80	80	notice related to the operator's legal or regulatory compliance.
81	81	(g) Subsection (f) does not apply to an applicant for a
82	82	license to operate a residential treatment center for whom the
83	83	commission has approved an exception.
84	84	(h) If the operator of a residential treatment center closes
85	85	the center or terminates a contract with the department during the
86	86	12 months following the date the operator receives notice of an
87	87	investigation by the department or other notice related to the
88	88	operator's legal or regulatory compliance, the operator of a
89	89	residential treatment center shall disclose to the department and
90	90	the Texas Education Agency the reason the operator voluntarily
91	91	closed the center or terminated the contract.
92	92	(i) The physical location of a residential treatment center
93	93	that has been voluntarily closed by an operator as described by
94	94	Subsection (f)(2) may not be used as a location for a residential
95	95	treatment center before the third anniversary of the date the
96	96	center closed unless the commission performs a comprehensive review
97	97	of the location and provides an exception based on the results of
98	98	the review.
99	99	(j) A person commits an offense if, with the intent to
100	100	deceive, the person knowingly conceals information required under
101	101	this section or applies to the commission for a license in violation
102	102	of this section. An offense under this subsection is a Class A
103	103	misdemeanor.
104	104	(k) The commission shall establish procedures to monitor
105	105	residential treatment centers in a manner that identifies
106	106	preemptive closures described by Subsection (f)(2). The procedure
107	107	must include methods for identifying centers that require
108	108	additional review and referral to the appropriate agencies for
109	109	investigation.
110	110	SECTION 4. Section 42.251, Human Resources Code, is amended
111	111	to read as follows:
112	112	Sec. 42.251. APPLICABILITY; DEFINITION. (a) This
113	113	subchapter applies only to a general residential operation that:
114	114	(1) provides:
115	115	(A) care for seven or more children or young
116	116	adults; and
117	117	(B) [(2) provides] treatment services for
118	118	children or young adults with emotional disorders; or
119	119	(2) is a residential treatment center.
120	120	(b) In this subchapter, "residential treatment center" has
121	121	the meaning assigned by Section 263.001, Family Code.
122	122	SECTION 5. Subchapter H, Chapter 42, Human Resources Code,
123	123	is amended by adding Section 42.2521 to read as follows:
124	124	Sec. 42.2521. LOCATION OF RESIDENTIAL TREATMENT CENTER.
125	125	Notwithstanding other law, the commission may not issue or renew a
126	126	license or certificate under Subchapter C to operate or expand the
127	127	capacity of a residential treatment center that provides services
128	128	for children with a service level of intense or intense plus unless
129	129	the center is located in the attendance zone of a school district
130	130	with 15,000 or more enrolled students.
131	131	SECTION 6. Section 42.2541, Human Resources Code, is
132	132	amended by amending Subsection (b) and adding Subsections (d), (e),
133	133	(f), (g), and (h) to read as follows:
134	134	(b) The department shall:
135	135	(1) require residential treatment centers to submit a
136	136	quarterly report to the department and the Texas Education Agency
137	137	regarding the academic progress and attendance for children with a
138	138	service level of intense or intense plus who receive educational
139	139	programs provided onsite by the center; and
140	140	(2) report to the Texas Education Agency the
141	141	educational outcomes for children placed in a general residential
142	142	operation.
143	143	(d) Except as provided by Subsection (e), the department
144	144	shall require a residential treatment center that provides services
145	145	for children with a service level of intense or intense plus to
146	146	provide educational programs onsite at the center in a manner that
147	147	complies with state and federal law, including the Individuals with
148	148	Disabilities Education Act (20 U.S.C. Section 1400 et seq.). The
149	149	center must employ qualified educators, as defined by Section
150	150	5.001, Education Code, who are capable of delivering educational
151	151	programs that align with the essential knowledge and skills adopted
152	152	under Section 28.002, Education Code. A residential treatment
153	153	center that provides educational programs onsite under this
154	154	subsection is entitled to receive funding for each student under
155	155	Chapter 48, Education Code, as if the center were a school district
156	156	without a tier one local share for purposes of Section 48.266 of
157	157	that code.
158	158	(e) The department shall permit a residential treatment
159	159	center to enter into an agreement with a school district or
160	160	open-enrollment charter school that provides for children with a
161	161	service level of intense or intense plus who reside at the center to
162	162	enroll in the district or school. Except as otherwise provided by an
163	163	agreement described by this subsection, a child who resides in a
164	164	residential treatment center may not be considered a resident of
165	165	the district or geographical area served by the school in which the
166	166	center is located.
167	167	(f) The department shall allocate a proportional amount of
168	168	the reimbursement rate to which a residential treatment center that
169	169	enters into an agreement described by Subsection (e) would be
170	170	entitled to the Texas Education Agency for distribution to school
171	171	districts and open-enrollment charter schools under Section
172	172	48.1024, Education Code. The department shall calculate the amount
173	173	required under this subsection based on:
174	174	(1) the department's rate for intense or intense plus
175	175	care; and
176	176	(2) the amount of time each child who is a resident of
177	177	the center with a service level of intense or intense plus spends in
178	178	an educational program provided by a school district or
179	179	open-enrollment charter school in accordance with the agreement
180	180	described by Subsection (e).
181	181	(g) A residential treatment center may not deviate from the
182	182	requirement to provide onsite educational programs for children
183	183	with a service level of intense or intense plus under Subsection (d)
184	184	unless the Texas Education Agency reviews, approves, and documents
185	185	the deviation in the educational records for each child who is
186	186	subject to the deviation.
187	187	(h) The department shall ensure that department guidelines
188	188	related to public school enrollment reflect the requirements of
189	189	this section related to children residing in a residential
190	190	treatment center with a service level of intense or intense plus.
191	191	SECTION 7. This Act takes effect September 1, 2025.