Bill Text: TX HB163 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-10-16 - Filed [HB163 Detail]
Download: Texas-2023-HB163-Introduced.html
| 88S30638 MLH-F | ||
| By: Kitzman | H.B. No. 163 | |
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| 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 [ |
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| 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 on the 91st day after the last day of the | ||
| legislative session. | ||
