89R15654 AMF-D
By: West S.B. No. 2563
A BILL TO BE ENTITLED
AN ACT
relating to records of violations against certain child-care
facilities that provide child-care services.
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 42.069 to read as follows:
Sec. 42.069. RECORDS OF VIOLATIONS; FINDINGS. (a) If an
administrative law judge after an administrative hearing or a judge
after judicial review of an administrative law judge's decision
finds that a violation by a child-care facility or family home
alleged by the commission did not occur, the commission shall
remove any record of the violation from the licensing file of the
facility or family home.
(b) If a child-care facility or listed family home requests
a hearing on a violation of this chapter alleged by the commission
and an administrative law judge has not rendered a decision on the
occurrence of the alleged violation before the end of the 45th day
after the date the commission notifies the facility or family home
of the violation, the commission shall remove any record of the
violation from the licensing file of the child-care facility or
family home, unless the violation is a critical health and safety
violation, until an administrative law judge finds the violation
occurred.
(c) If an administrative law judge after an administrative
hearing finds that a violation by a child-care facility or family
home alleged by the commission occurred, the administrative law
judge's decision must include detailed reasoning for finding the
violation occurred.
SECTION 2. Section 42.069(c), Human Resources Code, as
added by this Act, applies only to a request for administrative
review submitted or a contested case filed on or after the effective
date of this Act. A request for administrative review submitted or
a contested case filed before the effective date of this Act is
governed by the law in effect on the date the request was submitted
or the case was filed, as applicable, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.