Relating to the licensing of child-care facilities providing care to certain unaccompanied children and the suspension of laws relating to the licensing of those facilities; creating a criminal offense.

The text as introduced · 456 words

90R1202 RAL-D

By: González of Dallas
H.B. No. 285

A BILL TO BE ENTITLED

AN ACT

relating to the licensing of child-care facilities providing care

to certain unaccompanied children and the suspension of laws

relating to the licensing of those facilities; creating a criminal

offense.

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

SECTION 1. Section 418.016, Government Code, is amended by

amending Subsection (a) and adding Subsection (i) to read as

follows:

(a) Except as provided by this section, the [ The ] governor

may suspend the provisions of any regulatory statute prescribing

the procedures for conduct of state business or the orders or rules

of a state agency if strict compliance with the provisions, orders,

or rules would in any way prevent, hinder, or delay necessary action

in coping with a disaster.

(i) The governor may not suspend a provision of Chapter 42,

Human Resources Code, or any other law or rule relating to the

licensing or regulation of a residential child-care facility.

SECTION 2. Subchapter D, Chapter 42, Human Resources Code,

is amended by adding Section 42.0762 to read as follows:

Sec. 42.0762. CARE OF CERTAIN UNACCOMPANIED CHILDREN;

CRIMINAL PENALTY. (a) Except as provided by Subsection (b), a

person who provides 24-hour care under a contract with United

States Immigration and Customs Enforcement or the Office of Refugee

Resettlement to children who are not accompanied by or in the

physical custody of a parent, guardian, or other adult family

member must be licensed or certified under this chapter as a

residential child-care facility.

(b) This section does not apply to a religious institution

that is exempt from federal income tax under Section 501(a),

Internal Revenue Code of 1986, as an organization described by

Section 501(c)(3) of that code.

(c) A person who violates this section commits an offense.

(d) An offense under this section is a state jail felony.

SECTION 3. On the effective date of this Act, any law or

rule relating to licensing or regulating residential child-care

facilities that is suspended under Chapter 418, Government Code, as

that law existed immediately before the effective date of this Act,

is reinstated.

SECTION 4. The Health and Human Services Commission shall

establish a process to issue or renew the license of a residential

child-care facility whose license was revoked, suspended, not

renewed, or otherwise affected by an order of the governor issued

under the authority of Section 418.016, Government Code.

SECTION 5. 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, 2027.