Bill Text: TX HB1680 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the regulation of certain child-care facilities and administrators of those facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-04 - Referred to Human Services [HB1680 Detail]
Download: Texas-2013-HB1680-Introduced.html
83R3042 MCK-F | ||
By: Raymond | H.B. No. 1680 |
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relating to the regulation of certain child-care facilities and | ||
administrators of those facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 42.044, Human Resources Code, is amended | ||
by amending Subsections (b) and (b-2) and adding Subsection (b-3) | ||
to read as follows: | ||
(b) Except as provided by Subsection (b-3), the [ |
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department shall inspect all licensed or certified facilities at | ||
least once a year and may inspect other facilities or registered | ||
family homes as necessary. At least one of the annual visits must | ||
be unannounced and all may be unannounced. | ||
(b-2) Except as otherwise provided by this subsection, | ||
during an unannounced annual or biennial inspection of a day-care | ||
center, the department shall meet with the director designated by | ||
the day-care center as having daily, on-site responsibility for the | ||
operation of the day-care center to assess whether the director | ||
meets the qualifications of a director specified by this chapter | ||
and department rules. If the director is not present during the | ||
unannounced annual or biennial inspection, the department shall | ||
schedule a subsequent meeting with the director for that purpose | ||
and shall conduct that meeting at the day-care center. | ||
(b-3) The department may, in accordance with rules adopted | ||
by the executive commissioner, designate a licensed day-care center | ||
or group day-care home for a biennial inspection if the department | ||
determines, based on previous inspections, that the facility has a | ||
history of substantial compliance with minimum licensing | ||
standards. The biennial inspection of a day-care center or group | ||
day-care home must be unannounced. | ||
SECTION 2. Sections 42.056(a-2), (a-4), (a-5), and (b-1), | ||
Human Resources Code, are amended to read as follows: | ||
(a-2) In accordance with rules adopted by the executive | ||
commissioner, the director, owner, or operator of a residential | ||
child-care facility, day-care center, before-school or | ||
after-school program, or school-age program shall submit a complete | ||
set of fingerprints of each person whose name is required to be | ||
submitted by the director, owner, or operator under Subsection (a), | ||
unless the person is only required to have the person's name | ||
submitted based on criteria specified by Subsection (a)(7). This | ||
subsection does not apply to a program that is exempt from the | ||
licensing requirements of Section 42.041. | ||
(a-4) In accordance with rules adopted by the executive | ||
commissioner, the director, owner, or operator of a [ |
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facility or family home shall submit a complete set of fingerprints | ||
of each person whose name is required to be submitted by the | ||
director, owner, or operator under Subsection (a) if: | ||
(1) the person resided in another state during the | ||
five years preceding the date the person's name was required to be | ||
submitted under Subsection (a); or | ||
(2) the director, owner, or operator has reason to | ||
suspect that the person has a criminal history in another state. | ||
(a-5) The rules adopted by the executive commissioner under | ||
Subsections (a-2)[ |
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(1) must require that the fingerprints be submitted in | ||
a form and of a quality acceptable to the Department of Public | ||
Safety and the Federal Bureau of Investigation for conducting a | ||
criminal history check; | ||
(2) may require that the fingerprints be submitted | ||
electronically through an applicant fingerprinting service center; | ||
and | ||
(3) may allow the department to waive the submission | ||
of fingerprints required by this section if: | ||
(A) the person for whom the submission is | ||
required has: | ||
(i) a fingerprint-based criminal history | ||
record check on file with the department; or | ||
(ii) a fingerprint-based criminal history | ||
clearinghouse record, as provided by Section 411.0845, Government | ||
Code, that is accessible to the department through the Department | ||
of Public Safety; and | ||
(B) the date on which the current submission of | ||
fingerprints is required occurs before the second anniversary of a | ||
previous name-based criminal history check of the person. | ||
(b-1) In addition to any other background or criminal | ||
history check conducted under Subsection (b), for each person whose | ||
fingerprints are submitted under Subsection (a-2)[ |
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(a-4), the department shall conduct a state and Federal Bureau of | ||
Investigation criminal history check by: | ||
(1) submitting the person's fingerprints, or causing | ||
the fingerprints to be submitted electronically, to the Department | ||
of Public Safety for the purpose of conducting a state and federal | ||
criminal history check; and | ||
(2) using the resulting information made available by | ||
that department under Section 411.114, Government Code, and by the | ||
Federal Bureau of Investigation and any other criminal justice | ||
agency under Section 411.087, Government Code. | ||
SECTION 3. Section 42.078, Human Resources Code, is amended | ||
by amending Subsections (a) and (a-1) and adding Subsection (a-2) | ||
to read as follows: | ||
(a) The department may impose an administrative sanction or | ||
an administrative penalty against a facility or family home | ||
licensed, registered, or listed under this chapter that violates | ||
this chapter or a rule or order adopted under this chapter. In | ||
addition, the department may impose an administrative penalty | ||
against a [ |
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controlling person of a [ |
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home if the facility, family home, or controlling person: | ||
(1) violates a term of a license or registration | ||
issued under this chapter; | ||
(2) makes a statement about a material fact that the | ||
facility or person knows or should know is false: | ||
(A) on an application for the issuance of a | ||
license or registration or an attachment to the application; or | ||
(B) in response to a matter under investigation; | ||
(3) refuses to allow a representative of the | ||
department to inspect: | ||
(A) a book, record, or file required to be | ||
maintained by the facility; or | ||
(B) any part of the premises of the facility; | ||
(4) purposefully interferes with the work of a | ||
representative of the department or the enforcement of this | ||
chapter; or | ||
(5) fails to pay a penalty assessed under this chapter | ||
on or before the date the penalty is due, as determined under this | ||
section. | ||
(a-1) Except as provided by Subsection (a-2), nonmonetary | ||
[ |
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including [ |
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and evaluation periods, shall be imposed when appropriate before | ||
administrative [ |
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(a-2) The department may impose an administrative penalty | ||
without first imposing a nonmonetary administrative sanction for | ||
the following violations: | ||
(1) failing to timely submit the information required | ||
to conduct a background and criminal history check under Section | ||
42.056 and applicable department rules on two or more occasions; | ||
(2) failing to submit the information required to | ||
conduct a background and criminal history check under Section | ||
42.056 and applicable department rules before the 30th day after | ||
the date the facility or family home is notified by the department | ||
that the information is overdue; | ||
(3) except as provided by Section 42.056(g), knowingly | ||
allowing a person to be present in a facility or family home when | ||
the person's background and criminal history check has not been | ||
received; | ||
(4) knowingly allowing a person to be present in a | ||
facility or family home when the person's background and criminal | ||
history check has been received and contains criminal history or | ||
central registry findings that under department rules preclude the | ||
person from being present in the facility or family home; or | ||
(5) violating a condition or restriction the | ||
department places on a person's presence at a facility or family | ||
home as part of a pending or approved risk evaluation of the | ||
person's background and criminal history or central registry | ||
findings. | ||
SECTION 4. Section 43.001, Human Resources Code, is amended | ||
by adding Subdivisions (5), (6), and (7) to read as follows: | ||
(5) "Controlling person" has the meaning assigned by | ||
Section 42.002. | ||
(6) "General residential operation" has the meaning | ||
assigned by Section 42.002. | ||
(7) "Permit" means a license, listing, registration, | ||
or certification issued to a facility or family home under Chapter | ||
42. | ||
SECTION 5. Section 43.003(a), Human Resources Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (b) of this section, a | ||
person may not serve as a child-care administrator of a general | ||
residential operation [ |
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issued by the department under this chapter. | ||
SECTION 6. Section 43.004, Human Resources Code, is amended | ||
by amending Subsections (a) and (b) and adding Subsection (d) to | ||
read as follows: | ||
(a) To be eligible for a child-care administrator's license | ||
a person must: | ||
(1) provide information for the department's use in | ||
conducting a criminal history and background check under Subsection | ||
(c), including a complete set of the person's fingerprints; | ||
(2) satisfy the minimum requirements under department | ||
rules relating to criminal history and background checks; | ||
(3) pass an examination developed and administered by | ||
the department that demonstrates competence in the field of | ||
child-care administration; | ||
(4) [ |
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management or supervision of child-care personnel and programs; and | ||
(5) [ |
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experience qualifications: | ||
(A) a master's or doctoral degree in social work | ||
or other area of study; or | ||
(B) a bachelor's degree and two years' full-time | ||
experience in child care or a closely related field. | ||
(b) To be eligible for a child-placing agency | ||
administrator's license a person must: | ||
(1) provide information for the department's use in | ||
conducting a criminal history and background check under Subsection | ||
(c), including a complete set of the person's fingerprints; | ||
(2) satisfy the minimum requirements under department | ||
rules relating to criminal history and background checks; | ||
(3) pass an examination developed and administered by | ||
the department that demonstrates competence in the field of placing | ||
children in residential settings or adoptive homes; | ||
(4) [ |
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management or supervision of child-placing personnel and programs; | ||
and | ||
(5) [ |
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experience qualifications: | ||
(A) a master's or doctoral degree in social work | ||
or other area of study; or | ||
(B) a bachelor's degree and two years' full-time | ||
experience in the field of placing children in residential settings | ||
or adoptive homes or a closely related field. | ||
(d) The executive commissioner shall adopt rules consistent | ||
with Section 42.056 relating to requiring a criminal history and | ||
background check before issuing or renewing a license under this | ||
chapter. | ||
SECTION 7. Section 43.009(a), Human Resources Code, is | ||
amended to read as follows: | ||
(a) To be eligible for license renewal, a license holder | ||
shall: | ||
(1) present evidence to the department of | ||
participation in a program of continuing education for 15 hours of | ||
formal study each year during the two-year period before the | ||
renewal; and | ||
(2) provide information for the department's use in | ||
conducting a criminal history and background check under Section | ||
43.004(c) and applicable department rules, including a complete set | ||
of the person's fingerprints. | ||
SECTION 8. Section 43.010(a), Human Resources Code, is | ||
amended to read as follows: | ||
(a) The department may deny, revoke, suspend, or refuse to | ||
renew a license, or place on probation or reprimand a license holder | ||
for: | ||
(1) violating this chapter or a rule adopted under | ||
this chapter; | ||
(2) circumventing or attempting to circumvent the | ||
requirements of this chapter or a rule adopted under this chapter; | ||
(3) engaging in fraud or deceit related to the | ||
requirements of this chapter or a rule adopted under this chapter; | ||
(4) providing false or misleading information to the | ||
department during the license application or renewal process for | ||
any person's license; | ||
(5) making a statement about a material fact during | ||
the license application or renewal process that the person knows or | ||
should know is false; | ||
(6) having: | ||
(A) a criminal history or central registry record | ||
that would prohibit a person from working in a child-care facility, | ||
as defined by Section 42.002, under rules applicable to that type of | ||
facility; or | ||
(B) a criminal history relevant to the duties of | ||
a licensed child-care or child-placing administrator, as those | ||
duties are specified in rules adopted by the executive | ||
commissioner; | ||
(7) using drugs or alcohol in a manner that | ||
jeopardizes the person's ability to function as an administrator; | ||
[ |
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(8) performing duties as a child-care administrator in | ||
a negligent manner; or | ||
(9) engaging in conduct that makes the license holder | ||
ineligible for: | ||
(A) a permit under Section 42.072; or | ||
(B) employment as a controlling person or service | ||
in that capacity in a facility or family home under Section 42.062. | ||
SECTION 9. Sections 42.056(a-3) and 43.001(1), Human | ||
Resources Code, are repealed. | ||
SECTION 10. The changes in law made by this Act to Section | ||
42.078, Human Resources Code, apply only to a violation committed | ||
on or after the effective date of this Act. A violation committed | ||
before the effective date of this Act is governed by the law in | ||
effect when the violation was committed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 11. This Act takes effect September 1, 2013. |