reglab/housing_qa huggingface dataset:
TX Hum Res Code § 42.0583 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.0583. Identifying At-Risk Providers

Sec. 42.0583.  IDENTIFYING AT-RISK PROVIDERS.  (a)  The department shall use data analytics collected regarding residential child-care providers, including general residential operations providing treatment services to young adults with emotional disorders, to develop an early warning system to identify at-risk providers most in need of technical support and to promote corrective actions and minimize standard violations.(b)  The system developed under Subsection (a) must distinguish between different levels of risk using a multi-point severity scale. The department shall make information regarding the severity scale available to:(1)  the standing committees of the senate and the house of representatives with oversight of child-care facilities; and(2)  the public through the department's Internet website.|Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 21, eff. June 14, 2021.|
TX Hum Res Code § 42.060 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.060. Carbon Monoxide Detectors

Sec. 42.060.  CARBON MONOXIDE DETECTORS.  (a)  In this section, "carbon monoxide detector" means a device that detects and sounds an alarm to indicate the presence of a harmful level of carbon monoxide gas.(b)  Except as provided by Subsection (d), each day-care center, group day-care home, and family home must be equipped with carbon monoxide detectors in accordance with department rules.(c)  The executive commissioner by rule shall prescribe requirements regarding the placement, installation, and number of carbon monoxide detectors and maintenance procedures for those detectors.(d)  A day-care center is exempt from the carbon monoxide detector requirements prescribed by this section if the day-care center is located in a school facility that is subject to the school facility standards adopted by the commissioner of education under Section 46.008, Education Code, or similar safety standards adopted by the board of a local school district.|Added by Acts 2003, 78th Leg., ch. 127, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.235, eff. April 2, 2015.|
TX Hum Res Code § 42.062 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.062. Certain Employment and Service Prohibited

Sec. 42.062.  CERTAIN EMPLOYMENT AND SERVICE PROHIBITED.  A person may not be employed as a controlling person or serve in that capacity in a facility or family home if the person is not eligible to receive a license or certification for the operation of a facility or family home under Section 42.072(g) or has been denied a license under Section 42.046 for a substantive reason.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.105, eff. September 1, 2005.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 7, eff. September 1, 2011.|
TX Hum Res Code § 42.063 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.063. Reporting of Incidents and Violations

Sec. 42.063.  REPORTING OF INCIDENTS AND VIOLATIONS.  (a)  In this section, "serious incident" means a suspected or actual incident that threatens or impairs the basic health, safety, or well-being of a child.  The term includes:(1)  the arrest, abuse, neglect, exploitation, running away, attempted suicide, or death of a child;(2)  a critical injury of a child; and(3)  an illness of a child that requires hospitalization.(b)  A person licensed under this chapter shall report to the commission each serious incident involving a child who receives services from the person, regardless of whether the department is the managing conservator of the child.(b-1)  A person licensed or registered under this chapter shall notify in accordance with commission rule a parent or guardian of a child in the care of the person of an incident of abuse, neglect, or exploitation of the child, injury of the child that requires treatment by a medical professional or hospitalization, or illness of the child that requires hospitalization.(b-2)  A person licensed or registered under this chapter shall notify in accordance with commission rule a parent or guardian of each child in the care of the person of a violation that constitutes abuse, neglect, or exploitation of a child.(c)  An employee of a person described by Subsection (b) shall report suspected abuse or neglect directly to the statewide intake system.(d)  An employee or volunteer of a general residential operation, child-placing agency, continuum-of-care residential operation, cottage home operation, or specialized child-care home shall report any serious incident directly to the commission if the incident involves a child under the care of the operation, agency, or home.(e)  A foster parent shall report any serious incident directly to the department if the incident involves a child under the care of the parent.(f)  The executive commissioner by rule shall prescribe:(1)  procedures governing reporting required under this section; and(2)  the manner in which a report under this section must be provided.(g)  The commission shall implement this section using existing appropriations.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.106, eff. September 1, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 12, eff. September 1, 2009.Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 66, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 588 (S.B. 568), Sec. 7, eff. September 1, 2019.|
TX Hum Res Code § 42.064 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.064. Information Regarding Gang-Free Zones

Sec. 42.064.  INFORMATION REGARDING GANG-FREE ZONES.  Each day-care center shall, in accordance with rules adopted by the executive commissioner, distribute to parents and guardians of children who attend the center information on gang-free zones and the consequences of engaging in organized criminal activity within those zones.|Added by Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 6, eff. June 19, 2009.|
TX Hum Res Code § 42.065 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.065. Administering Medication

Sec. 42.065.  ADMINISTERING MEDICATION.  (a)  In this section, "medication" means a drug that may be obtained with or without a prescription, excluding a topical ointment obtained without a prescription.(b)  This section applies only to a day-care center, group day-care home, before-school or after-school program, school-age program, or family home regardless of whether the facility or program is licensed, registered, or listed.(c)  A director, owner, operator, caretaker, employee, or volunteer of a child-care facility subject to this section may not administer a medication to a child unless:(1)  the child's parent or guardian has submitted to the child-care facility a signed and dated document that authorizes the facility to administer the medication for not longer than one year; and(2)  the authorized medication:(A)  is administered as stated on the label directions or as amended in writing by a practitioner, as defined by Section 551.003, Occupations Code; and(B)  is not expired.(d)  Notwithstanding Subsection (c)(1), a director, owner, operator, caretaker, employee, or volunteer of a child-care facility subject to this section may administer medication to a child under this section without a signed authorization if the child's parent or guardian:(1)  submits to the child-care facility an authorization in an electronic format that is capable of being viewed and saved; or(2)  authorizes the child-care facility by telephone to administer a single dose of a medication.(e)  An authorization under Subsection (d)(1) expires on the first anniversary of the date the authorization is provided to the child-care facility.(f)  This section does not apply to a person that administers a medication to a child in a medical emergency to prevent the death or serious bodily injury of the child if the medication is administered as prescribed, directed, or intended.(g)  A person commits an offense if the person administers a medication to a child in violation of this section.  If conduct constituting an offense under this section also constitutes an offense under a section of the Penal Code, the actor may be prosecuted under either section or both sections.(h)  An offense under this section is a Class A misdemeanor.|Added by Acts 2011, 82nd Leg., R.S., Ch. 762 (H.B. 1615), Sec. 2, eff. September 1, 2011.|
TX Hum Res Code § 42.066 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.066. Required Submission of Information Requested by Court

Sec. 42.066.  REQUIRED SUBMISSION OF INFORMATION REQUESTED BY COURT.  A general residential operation that provides mental health treatment or services to a child in the managing conservatorship of the department shall timely submit to the court in a suit affecting the parent-child relationship under Subtitle E, Title 5, Family Code, all information requested by that court.|Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 67, eff. September 1, 2017.|
TX Hum Res Code § 42.068 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter C. Regulation of Certain Facilities, Homes, and Agencies|Section 42.068. Required Posting of No Trespassing Notice; Criminal Penalty

Sec. 42.068.  REQUIRED POSTING OF NO TRESPASSING NOTICE; CRIMINAL PENALTY.  (a)  Each general residential operation operating as a residential treatment center shall post "No Trespassing" notices on the grounds of the general residential operation in the following locations:(1)  parallel to and along the exterior boundaries of the general residential operation's grounds;(2)  at each roadway or other way of access to the grounds;(3)  for grounds not fenced, at least every five hundred feet along the exterior boundaries of the grounds;(4)  at each entrance to the grounds; and(5)  at conspicuous places reasonably likely to be viewed by intruders.(b)  Each "No Trespassing" notice posted on the grounds of a general residential operation operating as a residential treatment center must:(1)  state that entry to the property is forbidden;(2)  include a description of the provisions of  Section 30.05, Penal Code, including the penalties for violating Section 30.05, Penal Code;(3)  include the name and address of the person under whose authority the notice is posted;(4)  be written in English and Spanish; and(5)  be at least 8-1/2 by 11 inches in size.(c)  The executive commissioner by rule shall determine and prescribe the requirements regarding the placement, installation, design, size, wording, and maintenance procedures for the "No Trespassing" notices.(d)  The commission shall provide without charge to each general residential operation operating as a residential treatment center the number of "No Trespassing" notices required to comply with this section and rules adopted under this section.(e)  A person who operates a general residential operation operating as a residential treatment center commits an offense if the commission provides "No Trespassing" notices to the facility and the person fails to display the "No Trespassing" notices on the operation's grounds as required by this section before the end of the 30th business day after the date the operation receives the notices.  An offense under this subsection is a Class C misdemeanor.|Added by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 20, eff. September 1, 2021.|
TX Hum Res Code § 42.0704 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter D. Remedies|Section 42.0704. Enforcement Policy

Sec. 42.0704.  ENFORCEMENT POLICY.  (a)  The executive commissioner by rule shall adopt a general enforcement policy that describes the commission's approach to enforcement of this chapter.(b)  The enforcement policy must:(1)  summarize the commission's general expectations in enforcing this chapter;(2)  include the methodology required by Subsection (c); and(3)  describe the commission's plan for strengthening its enforcement efforts and for making objective regulatory decisions.(c)  As part of the enforcement policy, the commission shall develop and implement a methodology for determining the appropriate disciplinary action to take against a person who violates this chapter or a commission rule. The methodology must:(1)  provide guidance on when to use each of the available tools of enforcement, including technical assistance, voluntary plans of action, probation, suspension or revocation of a license or registration, denial of a license or registration, administrative penalties, and emergency suspension; and(2)  allow the commission to consider the circumstances of a particular case, including:(A)  the nature and seriousness of the violation, including whether the violation involved the abuse or neglect of a child or resulted in the death or near fatal injury of a child;(B)  any history of previous violations, including a repetition or pattern of violations; and(C)  any aggravating and mitigating factors.(d)  The commission shall make the methodology described by Subsection (c) available to the public, including by posting the methodology on the commission's Internet website.|Added by Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 81, eff. September 1, 2015.Added by Acts 2015, 84th Leg., R.S., Ch. 1057 (H.B. 2070), Sec. 3, eff. September 1, 2015.Amended by: Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), Sec. 6, eff. September 1, 2019.|
TX Hum Res Code § 42.0705 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter D. Remedies|Section 42.0705. Range of Penalties

Sec. 42.0705.  RANGE OF PENALTIES.  The department shall revoke or suspend a license or registration, place on probation a person whose license or registration has been suspended, or reprimand a license holder or registration holder for a violation of this chapter or a department rule.  If a license or registration suspension is probated, the department may require the license holder or registration holder to:(1)  report regularly to the department on matters that are the basis of the probation;(2)  limit services to the areas prescribed by the department;(3)  continue or review professional education until the license holder or registration holder attains a degree of skill satisfactory to the department in those areas that are the basis of the probation; or(4)  take corrective action relating to the violation on which the probation is based.|Added by Acts 1997, 75th Leg., ch. 1022, Sec. 34, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 40, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.236, eff. April 2, 2015.|
TX Hum Res Code § 42.071 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter D. Remedies|Section 42.071. Suspension or Probation of License or Registration

Sec. 42.071.  SUSPENSION OR PROBATION OF LICENSE OR REGISTRATION.  (a)  The commission may suspend the license of a facility or the registration of a family home that has temporarily ceased operation but has definite plans for starting operations again within the time limits of the issued license or registration.(b)  The commission may suspend a facility's license or a family home's registration for a definite period rather than deny or revoke the license or registration if the commission finds repeated noncompliance with standards that do not endanger the health and safety of children.  To qualify for license or registration suspension under this subsection, a facility or family home must suspend its operations and show that standards can be met within the suspension period.(c)  If the commission finds a facility or family home is in repeated noncompliance with standards that do not endanger the health and safety of children, the commission may place the facility or family home on probation rather than suspend or revoke the facility's license or the family home's registration.  The commission shall provide notice to the facility or family home of the probation and of the items of noncompliance not later than the 10th day before the probation period begins.   During the probation period, the facility or family home must correct the items that were in noncompliance and report the corrections to the commission for approval.(d)  The commission shall revoke the license of a facility or the registration of a family home that does not comply with standards at the end of a license or registration suspension.(e)  The commission may suspend or revoke the license of a facility or the registration of a family home that does not correct items that were in noncompliance or that does not comply with required standards within the applicable probation period.|Acts 1979, 66th Leg., p. 2365, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1983, 68th Leg., p. 111, ch. 23, Sec. 1, eff. Aug. 29, 1983;  Acts 1987, 70th Leg., ch. 1081, Sec. 2, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1022, Sec. 35, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997.Amended by: Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), Sec. 7, eff. September 1, 2019.|
TX Hum Res Code § 42.0715 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter D. Remedies|Section 42.0715. Costs Charged to Facility or Family Home

Sec. 42.0715.  COSTS CHARGED TO FACILITY OR FAMILY HOME.  The department may charge a facility or family home for reimbursement of the reasonable cost of services provided by the department in formulating, monitoring, and implementing a corrective action plan for the facility or family home.|Added by Acts 1997, 75th Leg., ch. 1022, Sec. 36, eff. Sept. 1, 1997.|
TX Hum Res Code § 42.073 (2021)
2021 Texas Statutes|Human Resources Code|Title 2 - Human Services and Protective Services in General|Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services|Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services|Subchapter D. Remedies|Section 42.073. Emergency Suspension and Closure of a Facility or Family Home

Sec. 42.073.  EMERGENCY SUSPENSION AND CLOSURE OF A FACILITY OR FAMILY HOME.  (a)  The department shall suspend a facility's license or a family home's listing or registration and order the immediate closing of the facility or family home if:(1)  the department finds the facility or family home is operating in violation of the applicable standards prescribed by this chapter;  and(2)  the violation creates an immediate threat to the health and safety of the children attending or residing in the facility or family home.(b)  An order suspending a license, listing, or registration and an order closing a facility or family home under this section is immediately effective on the date on which the holder of the license, listing, or registration receives written notice or on a later date specified in the order.(c)  An order is valid for 30 days after the effective date of the order.|Acts 1979, 66th Leg., p. 2366, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1993, 73rd Leg., ch. 977, Sec. 2, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1022, Sec. 38, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1217, Sec. 14, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.108, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 14, eff. September 1, 2009.|