Bill Text: TX HB4259 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the regulation of listed family homes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-09 - Left pending in committee [HB4259 Detail]
Download: Texas-2019-HB4259-Introduced.html
By: Bonnen of Galveston | H.B. No. 4259 |
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relating to the regulation of listed family homes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 42.042, Human Resources Code, is amended | ||
by adding Subsection (d-1) and amending Subsection (g) to read as | ||
follows: | ||
(d-1) The executive commissioner by rule shall adopt | ||
minimum standards for listed family homes. The minimum standards | ||
must: | ||
(1) promote the health, safety, and welfare of | ||
children attending a listed family home; | ||
(2) promote safe, comfortable, and healthy listed | ||
family homes for children; | ||
(3) ensure adequate supervision of children by | ||
capable, qualified, and healthy personnel; and | ||
(4) ensure medication is administered in accordance | ||
with Section 42.065. | ||
(g) In promulgating minimum standards the executive | ||
commissioner may recognize and treat differently the types of | ||
services provided by the following: | ||
(1) listed family homes; | ||
(2) registered family homes; | ||
(3) [ |
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residential operations, cottage home operations, specialized | ||
child-care homes, group day-care homes, and day-care centers; | ||
(4) [ |
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(5) [ |
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(6) [ |
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(7) [ |
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(8) [ |
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SECTION 2. Section 42.044, Human Resources Code, is amended | ||
by amending Subsections (a) and (c) and adding Subsection (b-4) to | ||
read as follows: | ||
(a) An authorized representative of the commission | ||
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registered or listed family home during operating hours to | ||
investigate, inspect, and evaluate. | ||
(b-4) The commission shall inspect a listed family home at | ||
least once every three years. The inspection must be unannounced. | ||
(c) The commission [ |
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regulated under this chapter or a registered or listed family home | ||
when a complaint is received. The representative of the commission | ||
[ |
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family home or the director or authorized representative of a | ||
regulated facility when a complaint is being investigated and | ||
report in writing the results of the investigation to the family | ||
home's operator or to the regulated facility's director or the | ||
director's authorized representative. | ||
SECTION 3. Section 42.0442(a), Human Resources Code, is | ||
amended to read as follows: | ||
(a) The commission [ |
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inspections of licensed day-care centers, licensed group day-care | ||
homes, and registered and listed family homes performed by another | ||
state agency to eliminate redundant inspections. | ||
SECTION 4. Section 42.04425, Human Resources Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) The commission shall provide with the inspection data | ||
described by Subsection (c) a minimum of five years of inspection | ||
data for listed family homes regulated under this chapter to | ||
enhance consumer choice with respect to those homes. | ||
SECTION 5. Section 42.0446, Human Resources Code, is | ||
amended to read as follows: | ||
Sec. 42.0446. REMOVAL OF CERTAIN INVESTIGATION INFORMATION | ||
FROM INTERNET WEBSITE. The executive commissioner shall adopt | ||
rules providing a procedure by which the commission [ |
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removes from the commission's [ |
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information on [ |
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registered or listed family home that relates to an anonymous | ||
complaint alleging [ |
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comply with the commission's [ |
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at the conclusion of an investigation, the commission [ |
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determines [ |
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foundation. | ||
SECTION 6. Section 42.0447(a), Human Resources Code, is | ||
amended to read as follows: | ||
(a) A person commits an offense if the person knowingly or | ||
intentionally files a complaint alleging that a child-care facility | ||
or registered or listed family home failed to comply with the | ||
commission's [ |
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the allegation is false or lacks factual foundation. | ||
SECTION 7. Section 42.046, Human Resources Code, is amended | ||
by adding Subsection (f) to read as follows: | ||
(f) An applicant for a listing to operate a family home | ||
shall submit with the application proof of the applicant's | ||
successful completion of safe sleep training in accordance with | ||
commission rules. | ||
SECTION 8. Subchapter C, Chapter 42, Human Resources Code, | ||
is amended by adding Section 42.0495 to read as follows: | ||
Sec. 42.0495. LIABILITY INSURANCE REQUIRED FOR LISTED | ||
FAMILY HOMES. (a) A listed family home shall maintain liability | ||
insurance coverage in the amount of $300,000 for each occurrence of | ||
negligence. An insurance policy or contract required under this | ||
section must cover injury to a child that occurs while the child is | ||
on the premises of or in the care of the listed family home. | ||
(b) A listed family home shall annually file with the | ||
commission a certificate or other evidence of coverage from an | ||
insurance company demonstrating that the listed family home has an | ||
unexpired and uncanceled insurance policy or contract that meets | ||
the requirements of this section. | ||
(c) If a listed family home is unable to secure a policy or | ||
contract required under this section for financial reasons or for | ||
lack of availability of an underwriter willing to issue a policy or | ||
contract or the home's policy or contract limits are exhausted, the | ||
home shall timely provide written notice to the parent or guardian | ||
of each child attending the home that the liability coverage is not | ||
provided. | ||
(d) A listed family home described by Subsection (c) shall | ||
timely provide written notice to the commission that the home is | ||
unable to secure liability insurance and the reason the insurance | ||
could not be secured. | ||
(e) If a listed family home complies with the notice | ||
requirements under this section, the commission may not assess an | ||
administrative penalty or suspend or revoke the family home's | ||
listing for violating Subsection (a). This subsection may not be | ||
construed to indemnify a family home for damages due to negligence. | ||
SECTION 9. Sections 42.052(f) and (i), Human Resources | ||
Code, are amended to read as follows: | ||
(f) To remain listed or registered with the commission | ||
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[ |
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provision of this chapter that applies to a listed or registered | ||
family home. | ||
(i) The commission [ |
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family home a copy of the listing. A listing must contain a | ||
provision that states: "THIS HOME IS A LISTED FAMILY HOME. IT IS | ||
NOT LICENSED OR REGISTERED WITH THE HEALTH AND HUMAN [ |
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HAS LIMITED MINIMUM STANDARDS AND IS NOT INSPECTED EVERY YEAR [ |
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a listed family home is not required to display the listing in a | ||
prominent place at the home but shall make the listing available for | ||
examination. [ |
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SECTION 10. Section 42.0522(b), Human Resources Code, is | ||
amended to read as follows: | ||
(b) A family home may not place a public advertisement that | ||
uses the title "listed family home" or any variation of that phrase | ||
unless the home is listed as provided by this chapter. Any public | ||
advertisement for a listed family home that uses the title "listed | ||
family home" must contain a provision in bold type stating: "THIS | ||
HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED WITH | ||
THE HEALTH AND HUMAN [ |
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COMMISSION. A LISTED FAMILY HOME HAS LIMITED MINIMUM STANDARDS AND | ||
IS NOT INSPECTED EVERY YEAR [ |
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SECTION 11. Section 42.0523, Human Resources Code, is | ||
amended by adding Subsections (e), (f), and (g) to read as follows: | ||
(e) The following requirements do not apply to a family home | ||
listed under this section: | ||
(1) the minimum standards adopted under Section | ||
42.042; | ||
(2) the inspection requirement under Section 42.044; | ||
and | ||
(3) the liability insurance requirement under Section | ||
42.0495. | ||
(f) A family home listed under this section shall undergo | ||
initial and subsequent background and criminal history checks | ||
required under Section 42.056. If the operator of the home fails to | ||
submit the information required by Section 42.056 for a subsequent | ||
background and criminal history check, the commission shall | ||
automatically: | ||
(1) suspend the home's listing until the required | ||
information is submitted; and | ||
(2) revoke the home's listing if the required | ||
information is not submitted before six months after the date the | ||
automatic suspension begins under Subdivision (1). | ||
(g) A suspension or revocation under Subsection (f) is not a | ||
suspension or revocation under Section 42.072. | ||
SECTION 12. The following provisions of the Human Resources | ||
Code are repealed: | ||
(1) Sections 42.044(c-1) and (c-2); and | ||
(2) Sections 42.052(j) and (j-1). | ||
SECTION 13. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt rules necessary to implement | ||
Chapter 42, Human Resources Code, as amended by this Act. | ||
SECTION 14. This Act takes effect September 1, 2019. |