| 1 | 1 | | 89R15654 AMF-D |
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| 2 | 2 | | By: West S.B. No. 2563 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to records of violations against certain child-care |
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| 10 | 10 | | facilities that provide child-care services. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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| 13 | 13 | | is amended by adding Section 42.069 to read as follows: |
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| 14 | 14 | | Sec. 42.069. RECORDS OF VIOLATIONS; FINDINGS. (a) If an |
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| 15 | 15 | | administrative law judge after an administrative hearing or a judge |
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| 16 | 16 | | after judicial review of an administrative law judge's decision |
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| 17 | 17 | | finds that a violation by a child-care facility or family home |
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| 18 | 18 | | alleged by the commission did not occur, the commission shall |
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| 19 | 19 | | remove any record of the violation from the licensing file of the |
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| 20 | 20 | | facility or family home. |
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| 21 | 21 | | (b) If a child-care facility or listed family home requests |
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| 22 | 22 | | a hearing on a violation of this chapter alleged by the commission |
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| 23 | 23 | | and an administrative law judge has not rendered a decision on the |
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| 24 | 24 | | occurrence of the alleged violation before the end of the 45th day |
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| 25 | 25 | | after the date the commission notifies the facility or family home |
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| 26 | 26 | | of the violation, the commission shall remove any record of the |
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| 27 | 27 | | violation from the licensing file of the child-care facility or |
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| 28 | 28 | | family home, unless the violation is a critical health and safety |
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| 29 | 29 | | violation, until an administrative law judge finds the violation |
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| 30 | 30 | | occurred. |
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| 31 | 31 | | (c) If an administrative law judge after an administrative |
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| 32 | 32 | | hearing finds that a violation by a child-care facility or family |
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| 33 | 33 | | home alleged by the commission occurred, the administrative law |
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| 34 | 34 | | judge's decision must include detailed reasoning for finding the |
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| 35 | 35 | | violation occurred. |
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| 36 | 36 | | SECTION 2. Section 42.069(c), Human Resources Code, as |
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| 37 | 37 | | added by this Act, applies only to a request for administrative |
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| 38 | 38 | | review submitted or a contested case filed on or after the effective |
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| 39 | 39 | | date of this Act. A request for administrative review submitted or |
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| 40 | 40 | | a contested case filed before the effective date of this Act is |
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| 41 | 41 | | governed by the law in effect on the date the request was submitted |
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| 42 | 42 | | or the case was filed, as applicable, and the former law is |
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| 43 | 43 | | continued in effect for that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2025. |
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