Bill Text: TX SB353 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the ability of an emergency shelter facility to provide shelter or care for an unaccompanied minor without a license.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-05-25 - Effective immediately [SB353 Detail]
Download: Texas-2013-SB353-Comm_Sub.html
Bill Title: Relating to the ability of an emergency shelter facility to provide shelter or care for an unaccompanied minor without a license.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-05-25 - Effective immediately [SB353 Detail]
Download: Texas-2013-SB353-Comm_Sub.html
By: West | S.B. No. 353 | |
(Dukes) | ||
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relating to the ability of an emergency shelter facility to provide | ||
shelter or care for an unaccompanied minor without a license. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsection (b), Section 42.041, Human Resources | ||
Code, is amended to read as follows: | ||
(b) This section does not apply to: | ||
(1) a state-operated facility; | ||
(2) an agency foster home or agency foster group home; | ||
(3) a facility that is operated in connection with a | ||
shopping center, business, religious organization, or | ||
establishment where children are cared for during short periods | ||
while parents or persons responsible for the children are attending | ||
religious services, shopping, or engaging in other activities, | ||
including retreats or classes for religious instruction, on or near | ||
the premises, that does not advertise as a child-care facility or | ||
day-care center, and that informs parents that it is not licensed by | ||
the state; | ||
(4) a school or class for religious instruction that | ||
does not last longer than two weeks and is conducted by a religious | ||
organization during the summer months; | ||
(5) a youth camp licensed by the Department of State | ||
Health Services; | ||
(6) a facility licensed, operated, certified, or | ||
registered by another state agency; | ||
(7) an educational facility that is accredited by the | ||
Texas Education Agency, the Southern Association of Colleges and | ||
Schools, or an accreditation body that is a member of the Texas | ||
Private School Accreditation Commission and that operates | ||
primarily for educational purposes for prekindergarten and above, a | ||
before-school or after-school program operated directly by an | ||
accredited educational facility, or a before-school or | ||
after-school program operated by another entity under contract with | ||
the educational facility, if the Texas Education Agency, the | ||
Southern Association of Colleges and Schools, or the other | ||
accreditation body, as applicable, has approved the curriculum | ||
content of the before-school or after-school program operated under | ||
the contract; | ||
(8) an educational facility that operates solely for | ||
educational purposes for prekindergarten through at least grade | ||
two, that does not provide custodial care for more than one hour | ||
during the hours before or after the customary school day, and that | ||
is a member of an organization that promulgates, publishes, and | ||
requires compliance with health, safety, fire, and sanitation | ||
standards equal to standards required by state, municipal, and | ||
county codes; | ||
(9) a kindergarten or preschool educational program | ||
that is operated as part of a public school or a private school | ||
accredited by the Texas Education Agency, that offers educational | ||
programs through grade six, and that does not provide custodial | ||
care during the hours before or after the customary school day; | ||
(10) a family home, whether registered or listed; | ||
(11) an educational facility that is integral to and | ||
inseparable from its sponsoring religious organization or an | ||
educational facility both of which do not provide custodial care | ||
for more than two hours maximum per day, and that offers an | ||
educational program in one or more of the | ||
following: prekindergarten through at least grade three, | ||
elementary grades, or secondary grades; | ||
(12) an emergency shelter facility, other than a | ||
facility that would otherwise require a license as a child-care | ||
facility under this section, that provides [ |
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care to a minor and the minor's child or [ |
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Family Code, if the facility: | ||
(A) is currently under a contract with a state or | ||
federal agency; or | ||
(B) meets the requirements listed under Section | ||
51.005(b)(3) [ |
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(13) a juvenile detention facility certified under | ||
Section 51.12, Family Code, a juvenile correctional facility | ||
certified under Section 51.125, Family Code, a juvenile facility | ||
providing services solely for the Texas Juvenile Justice Department | ||
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operated or regulated by another state agency or by a political | ||
subdivision of the state; | ||
(14) an elementary-age (ages 5-13) recreation program | ||
operated by a municipality provided the governing body of the | ||
municipality annually adopts standards of care by ordinance after a | ||
public hearing for such programs, that such standards are provided | ||
to the parents of each program participant, and that the ordinances | ||
shall include, at a minimum, staffing ratios, minimum staff | ||
qualifications, minimum facility, health, and safety standards, | ||
and mechanisms for monitoring and enforcing the adopted local | ||
standards; and further provided that parents be informed that the | ||
program is not licensed by the state and the program may not be | ||
advertised as a child-care facility; | ||
(15) an annual youth camp held in a municipality with a | ||
population of more than 1.5 million that operates for not more than | ||
three months and that has been operated for at least 10 years by a | ||
nonprofit organization that provides care for the homeless; | ||
(16) a food distribution program that: | ||
(A) serves an evening meal to children two years | ||
of age or older; and | ||
(B) is operated by a nonprofit food bank in a | ||
nonprofit, religious, or educational facility for not more than two | ||
hours a day on regular business days; | ||
(17) a child-care facility that operates for less than | ||
three consecutive weeks and less than 40 days in a period of 12 | ||
months; | ||
(18) a program: | ||
(A) in which a child receives direct instruction | ||
in a single skill, talent, ability, expertise, or proficiency; | ||
(B) that does not provide services or offerings | ||
that are not directly related to the single talent, ability, | ||
expertise, or proficiency; | ||
(C) that does not advertise or otherwise | ||
represent that the program is a child-care facility, day-care | ||
center, or licensed before-school or after-school program or that | ||
the program offers child-care services; | ||
(D) that informs the parent or guardian: | ||
(i) that the program is not licensed by the | ||
state; and | ||
(ii) about the physical risks a child may | ||
face while participating in the program; and | ||
(E) that conducts background checks for all | ||
program employees and volunteers who work with children in the | ||
program using information that is obtained from the Department of | ||
Public Safety; | ||
(19) an elementary-age (ages 5-13) recreation program | ||
that: | ||
(A) adopts standards of care, including | ||
standards relating to staff ratios, staff training, health, and | ||
safety; | ||
(B) provides a mechanism for monitoring and | ||
enforcing the standards and receiving complaints from parents of | ||
enrolled children; | ||
(C) does not advertise as or otherwise represent | ||
the program as a child-care facility, day-care center, or licensed | ||
before-school or after-school program or that the program offers | ||
child-care services; | ||
(D) informs parents that the program is not | ||
licensed by the state; | ||
(E) is organized as a nonprofit organization or | ||
is located on the premises of a participant's residence; | ||
(F) does not accept any remuneration other than a | ||
nominal annual membership fee; | ||
(G) does not solicit donations as compensation or | ||
payment for any good or service provided as part of the program; and | ||
(H) conducts background checks for all program | ||
employees and volunteers who work with children in the program | ||
using information that is obtained from the Department of Public | ||
Safety; | ||
(20) a living arrangement in a caretaker's home | ||
involving one or more children or a sibling group, excluding | ||
children who are related to the caretaker, in which the caretaker: | ||
(A) had a prior relationship with the child or | ||
sibling group or other family members of the child or sibling group; | ||
(B) does not care for more than one unrelated | ||
child or sibling group; | ||
(C) does not receive compensation or solicit | ||
donations for the care of the child or sibling group; and | ||
(D) has a written agreement with the parent to | ||
care for the child or sibling group; | ||
(21) a living arrangement in a caretaker's home | ||
involving one or more children or a sibling group, excluding | ||
children who are related to the caretaker, in which: | ||
(A) the department is the managing conservator of | ||
the child or sibling group; | ||
(B) the department placed the child or sibling | ||
group in the caretaker's home; and | ||
(C) the caretaker had a long-standing and | ||
significant relationship with the child or sibling group before the | ||
child or sibling group was placed with the caretaker; or | ||
(22) a living arrangement in a caretaker's home | ||
involving one or more children or a sibling group, excluding | ||
children who are related to the caretaker, in which the child is in | ||
the United States on a time-limited visa under the sponsorship of | ||
the caretaker or of a sponsoring organization. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds 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, 2013. |