Texas 2025 - 89th Regular

Texas House Bill HB5452 Compare Versions

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11 89R9420 MM-D
22 By: Garcia of Bexar H.B. No. 5452
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the establishment of a crisis nursery facility pilot
1010 program by the Health and Human Services Commission.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
1313 is amended by adding Section 42.0464 to read as follows:
1414 Sec. 42.0464. CRISIS NURSERY FACILITY PILOT PROGRAM. (a)
1515 In this section:
1616 (1) "Crisis nursery facility" means a child-care
1717 facility that provides care and supervision for children who are
1818 voluntarily placed for temporary care for all or part of the 24-hour
1919 day by a parent or legal guardian to prevent or help resolve a
2020 family crisis or stressful situation or address a problem whose
2121 solution is critical to the family's healthy functioning.
2222 (2) "Program" means the crisis nursery facility pilot
2323 program established under this chapter.
2424 (b) The commission shall establish and administer the
2525 crisis nursery facility pilot program in Bexar County to address
2626 the need for temporary care for children and improve outcomes for
2727 families experiencing a crisis or a stressful situation, including
2828 escaping domestic violence.
2929 (c) Under the program, the commission shall:
3030 (1) establish child-care licensing regulations and
3131 requirements for crisis nursery facilities; and
3232 (2) provide grants to eligible municipalities or
3333 nonprofit organizations located in or otherwise serving Bexar
3434 County to establish crisis nursery facilities.
3535 (d) The commission shall establish application criteria and
3636 requirements for the acceptable use of money under the program. The
3737 application criteria must require applicants to:
3838 (1) demonstrate substantial need for emergency child
3939 care or a high rate of child removal by the department in the
4040 municipality or local area served by the applicant;
4141 (2) demonstrate capacity to meet child-care licensing
4242 regulations and requirements established by the commission;
4343 (3) provide a detailed plan for the establishment of a
4444 crisis nursery facility under the program that includes:
4545 (A) details regarding the proposed use of money
4646 received under the program;
4747 (B) information regarding any matching funds or
4848 funds available to the applicant from gifts, grants, and donations
4949 other than grants under the program;
5050 (C) the age groups of children the applicant
5151 proposes to serve; and
5252 (D) the proposed location of the facility; and
5353 (4) provide a plan for connecting families who use the
5454 facility with additional services designed to prevent future family
5555 crises.
5656 (e) The executive commissioner shall adopt rules regarding
5757 the regulation of crisis nursery facilities. The rules must:
5858 (1) specify:
5959 (A) the child-care licensing regulations that
6060 apply to a facility;
6161 (B) requirements for ensuring the safety and
6262 well-being of children in the care of the facility, including
6363 requirements regarding:
6464 (i) food preparation;
6565 (ii) sleeping arrangements;
6666 (iii) safe drop-off and pick-up procedures;
6767 and
6868 (iv) staff-to-child ratios;
6969 (C) requirements for background checks for
7070 facility employees and conduct that prevents an individual from
7171 being eligible to be employed by a facility;
7272 (D) the capacity of a facility based on the size
7373 of the facility and the children's needs; and
7474 (E) the information that must be collected by the
7575 facility and submitted to the commission at the request of the
7676 commission, including deidentified information regarding:
7777 (i) the number of children served by the
7878 facility;
7979 (ii) the average age of children served by
8080 the facility;
8181 (iii) the average length of stay for
8282 children served by the facility;
8383 (iv) any services with which the facility
8484 connects families served by the facility;
8585 (v) the reasons given for the use of the
8686 facility; and
8787 (vi) any other information the executive
8888 commissioner considers necessary to evaluate the program;
8989 (2) require that a child may not spend more than 72
9090 consecutive hours at a crisis nursery facility;
9191 (3) allow complaints against a facility to be filed
9292 with the commission; and
9393 (4) require the commission to regularly inspect a
9494 facility, including each time a complaint is filed against the
9595 facility.
9696 (f) Not later than October 1, 2028, the commission shall
9797 prepare and submit to the governor, lieutenant governor, speaker of
9898 the house of representatives, and standing committee of each house
9999 of the legislature with primary jurisdiction over the commission a
100100 report on:
101101 (1) an evaluation of the program's effectiveness; and
102102 (2) recommendations for legislative or other action,
103103 including a recommendation on whether to continue, expand, or
104104 terminate the program.
105105 (g) The executive commissioner may adopt rules necessary to
106106 implement this section.
107107 (h) This section expires September 1, 2029.
108108 SECTION 2. As soon as practicable after the effective date
109109 of this Act, the Health and Human Services Commission shall
110110 establish the pilot program required under Section 42.0464, Human
111111 Resources Code, as added by this Act.
112112 SECTION 3. This Act takes effect immediately if it receives
113113 a vote of two-thirds of all the members elected to each house, as
114114 provided by Section 39, Article III, Texas Constitution. If this
115115 Act does not receive the vote necessary for immediate effect, this
116116 Act takes effect September 1, 2025.