bill erasing day care violations a judge says didn’t happen

The text as introduced · 355 words

89R15654 AMF-D

By: West
S.B. No. 2563

A BILL TO BE ENTITLED

AN ACT

relating to records of violations against certain child-care

facilities that provide child-care services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 42, Human Resources Code,

is amended by adding Section 42.069 to read as follows:

Sec. 42.069. RECORDS OF VIOLATIONS; FINDINGS. (a) If an

administrative law judge after an administrative hearing or a judge

after judicial review of an administrative law judge's decision

finds that a violation by a child-care facility or family home

alleged by the commission did not occur, the commission shall

remove any record of the violation from the licensing file of the

facility or family home.

(b) If a child-care facility or listed family home requests

a hearing on a violation of this chapter alleged by the commission

and an administrative law judge has not rendered a decision on the

occurrence of the alleged violation before the end of the 45th day

after the date the commission notifies the facility or family home

of the violation, the commission shall remove any record of the

violation from the licensing file of the child-care facility or

family home, unless the violation is a critical health and safety

violation, until an administrative law judge finds the violation

occurred.

(c) If an administrative law judge after an administrative

hearing finds that a violation by a child-care facility or family

home alleged by the commission occurred, the administrative law

judge's decision must include detailed reasoning for finding the

violation occurred.

SECTION 2. Section 42.069(c), Human Resources Code, as

added by this Act, applies only to a request for administrative

review submitted or a contested case filed on or after the effective

date of this Act. A request for administrative review submitted or

a contested case filed before the effective date of this Act is

governed by the law in effect on the date the request was submitted

or the case was filed, as applicable, and the former law is

continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.