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A BILL TO BE ENTITLED
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AN ACT
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relating to enforcement actions taken against a child-care or |
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child-placing agency administrator's license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 43.010(a), (b), and (d), Human |
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Resources Code, are amended to read as follows: |
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(a) The commission [department] may deny, revoke, suspend, |
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or refuse to renew a license, or place on probation or reprimand a |
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license holder for: |
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(1) violating this chapter or a rule adopted under |
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this chapter; |
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(2) circumventing or attempting to circumvent the |
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requirements of this chapter or a rule adopted under this chapter; |
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(3) engaging in fraud or deceit related to the |
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requirements of this chapter or a rule adopted under this chapter; |
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(4) providing false or misleading information to the |
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commission [department] during the license application or renewal |
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process for any person's license; |
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(5) making a statement about a material fact during |
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the license application or renewal process that the person knows or |
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should know is false; |
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(6) having: |
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(A) a criminal history or central registry record |
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that would prohibit a person from working in a child-care facility, |
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as defined by Section 42.002, under rules applicable to that type of |
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facility; or |
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(B) a criminal history relevant to the duties of |
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a licensed child-care or child-placing administrator, as those |
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duties are specified in rules adopted by the executive |
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commissioner; |
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(7) using drugs or alcohol in a manner that |
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jeopardizes the person's ability to function as an administrator; |
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(8) performing duties as a child-care administrator in |
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a negligent manner; or |
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(9) engaging in conduct that makes the license holder |
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ineligible for: |
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(A) a license, listing, registration, or |
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certification of approval [permit] under Section 42.072; or |
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(B) employment as a controlling person or service |
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in that capacity in a facility or family home under Section 42.062. |
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(b) A person whose license is revoked or refused renewal by |
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the commission under Subsection (a) is not eligible to apply for |
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another license under this chapter for a period of five years after |
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the date the commission revoked the license [was revoked] or |
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refused to renew the license. |
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(d) If a license holder is placed on probation, the |
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commission [department] may require the license holder: |
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(1) to report regularly to the commission [department] |
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on the conditions of the probation; |
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(2) to limit practice to the areas prescribed by the |
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commission [department]; or |
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(3) to continue or renew professional education until |
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the practitioner attains a degree of skill satisfactory to the |
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commission [department] in those areas in which improvement is a |
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condition of the probation. |
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SECTION 2. Section 43.011, Human Resources Code, is |
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repealed. |
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SECTION 3. The change in law made by this Act to Section |
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43.010(b), Human Resources Code, applies only to a person whose |
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license is refused renewal by the Health and Human Services |
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Commission on or after the effective date of this Act. A person |
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whose license is refused renewal by the Health and Human Services |
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Commission before the effective date of this Act is governed by the |
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law in effect on the date the Health and Human Services Commission |
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refused to renew the license, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |