89R9420 MM-D
By: Garcia of Bexar H.B. No. 5452
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a crisis nursery facility pilot
program by the Health and Human Services Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.0464 to read as follows:
Sec. 42.0464. CRISIS NURSERY FACILITY PILOT PROGRAM. (a)
In this section:
(1) "Crisis nursery facility" means a child-care
facility that provides care and supervision for children who are
voluntarily placed for temporary care for all or part of the 24-hour
day by a parent or legal guardian to prevent or help resolve a
family crisis or stressful situation or address a problem whose
solution is critical to the family's healthy functioning.
(2) "Program" means the crisis nursery facility pilot
program established under this chapter.
(b) The commission shall establish and administer the
crisis nursery facility pilot program in Bexar County to address
the need for temporary care for children and improve outcomes for
families experiencing a crisis or a stressful situation, including
escaping domestic violence.
(c) Under the program, the commission shall:
(1) establish child-care licensing regulations and
requirements for crisis nursery facilities; and
(2) provide grants to eligible municipalities or
nonprofit organizations located in or otherwise serving Bexar
County to establish crisis nursery facilities.
(d) The commission shall establish application criteria and
requirements for the acceptable use of money under the program. The
application criteria must require applicants to:
(1) demonstrate substantial need for emergency child
care or a high rate of child removal by the department in the
municipality or local area served by the applicant;
(2) demonstrate capacity to meet child-care licensing
regulations and requirements established by the commission;
(3) provide a detailed plan for the establishment of a
crisis nursery facility under the program that includes:
(A) details regarding the proposed use of money
received under the program;
(B) information regarding any matching funds or
funds available to the applicant from gifts, grants, and donations
other than grants under the program;
(C) the age groups of children the applicant
proposes to serve; and
(D) the proposed location of the facility; and
(4) provide a plan for connecting families who use the
facility with additional services designed to prevent future family
crises.
(e) The executive commissioner shall adopt rules regarding
the regulation of crisis nursery facilities. The rules must:
(1) specify:
(A) the child-care licensing regulations that
apply to a facility;
(B) requirements for ensuring the safety and
well-being of children in the care of the facility, including
requirements regarding:
(i) food preparation;
(ii) sleeping arrangements;
(iii) safe drop-off and pick-up procedures;
and
(iv) staff-to-child ratios;
(C) requirements for background checks for
facility employees and conduct that prevents an individual from
being eligible to be employed by a facility;
(D) the capacity of a facility based on the size
of the facility and the children's needs; and
(E) the information that must be collected by the
facility and submitted to the commission at the request of the
commission, including deidentified information regarding:
(i) the number of children served by the
facility;
(ii) the average age of children served by
the facility;
(iii) the average length of stay for
children served by the facility;
(iv) any services with which the facility
connects families served by the facility;
(v) the reasons given for the use of the
facility; and
(vi) any other information the executive
commissioner considers necessary to evaluate the program;
(2) require that a child may not spend more than 72
consecutive hours at a crisis nursery facility;
(3) allow complaints against a facility to be filed
with the commission; and
(4) require the commission to regularly inspect a
facility, including each time a complaint is filed against the
facility.
(f) Not later than October 1, 2028, the commission shall
prepare and submit to the governor, lieutenant governor, speaker of
the house of representatives, and standing committee of each house
of the legislature with primary jurisdiction over the commission a
report on:
(1) an evaluation of the program's effectiveness; and
(2) recommendations for legislative or other action,
including a recommendation on whether to continue, expand, or
terminate the program.
(g) The executive commissioner may adopt rules necessary to
implement this section.
(h) This section expires September 1, 2029.
SECTION 2. As soon as practicable after the effective date
of this Act, the Health and Human Services Commission shall
establish the pilot program required under Section 42.0464, Human
Resources Code, as added by this Act.
SECTION 3. 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 September 1, 2025.