Bill Text: TX HB5000 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to licensing and regulation of certain child-care facilities; providing penalties.

Spectrum: Partisan Bill (Republican 41-1)

Status: (Introduced - Dead) 2023-05-05 - Reported favorably as substituted [HB5000 Detail]

Download: Texas-2023-HB5000-Introduced.html
 
 
  By: Kitzman H.B. No. 5000
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to licensing and regulation of certain child-care
  facilities; providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Subsection 42.002(26):
               (26)  "Unlawfully present individual" means an
  individual who is neither a citizen nor has a right to be present in
  the United States under the Immigration and Nationality Act or
  accompanying regulations or decisions, who is in the custody of the
  federal government.  This term includes a child who has no lawful
  immigration status in the United States and:
         (a)  with respect to whom, there is no parent or legal
  guardian in the United States, or no parent or legal guardian in the
  United States available to provide care and physical custody, as
  described in 6 U.S.C. §279(g)(2); or
         (b)  who is detained with a parent or other adult family
  member who is not lawfully present in the United States.
         SECTION 2.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Subsection 42.041(a-1) to read as follows:
         (a-1)  Notwithstanding any other law, no person may operate a
  child-care facility that provides 24-hour care to individuals not
  lawfully present in the United States who are in the custody of the
  federal government without a license issued by the department.
         SECTION 3.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Subsection 42.076(a-1) to read as follows:
         (a-1)  A person who operates a facility described by Section
  42.041(a-1) without a license commits a State Jail felony.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of 2/3 of all the members elected to each house, as provided
  by Section 39, Article III, Texas Constitution.  If this Act does
  not receive the vote necessary for immediate effect, this Act takes
  effect September 1, 2023.
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