HB4529 - Relating to the regulation of child-care facilities that maintain a certificate to operate issued by the United States Department of Defense.

      H.B. No. 4529         AN ACT   relating to the regulation of child-care facilities that maintain a   certificate to operate issued by the United States Department of   Defense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 42.041(b), 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;                (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 shelter or care to a   minor and the minor's child or children, if any, under Section   32.201, 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);                (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, or any other correctional facility for children   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, or the   family of the child or sibling group, before the child or sibling   group was placed with the caretaker;                (22)  a living arrangement in a caretaker's home   involving one or more children or a [Text truncated for display. Full text available on Congress.gov.]