reglab/statecodes huggingface dataset:
2023 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 43 - Regulation of Child-Care and Child-Placing Agency Administrators › Section 43.003. License Required

Sec. 43.003.  LICENSE REQUIRED.  (a)  Except as provided by Subsection (b) of this section, a person may not serve as a child-care administrator of a general residential operation without a license issued by the department under this chapter.
(b)  A person who is not licensed under this chapter may serve as the child-care administrator of an emergency shelter located in a county with a population of less than 40,000 if the governing body of the shelter by resolution adopted by a majority vote of the membership of the governing body certifies that the shelter has made a reasonable effort to hire a licensed child-care administrator but is unable to hire a licensed child-care administrator.
(c)  A person may not serve as a child-placing agency administrator without a license issued by the department under this chapter.
Acts 1979, 66th Leg., p. 2368, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1987, 70th Leg., ch. 1052, Sec. 4.10, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 664, Sec. 6, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.113(a), eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 746 (S.B. 427), Sec. 6, eff. September 1, 2013.
2023 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 43 - Regulation of Child-Care and Child-Placing Agency Administrators › Section 43.0041. Examination Results

Sec. 43.0041.  EXAMINATION RESULTS.  (a)  Not later than the 30th day after the date on which a licensing examination is administered under this chapter, the department shall notify each examinee of the results of the examination.  However, if an examination is graded or reviewed by a national testing service, the department shall notify examinees of the results of the examination not later than the 14th day after the date on which the department receives the results from the testing service.  If the notice of examination results graded or reviewed by a national testing service will be delayed for longer than 90 days after the examination date, the department shall notify the examinee of the reason for the delay before that 90th day.
(b)  If requested in writing by a person who fails a licensing examination administered under this chapter, the department shall furnish the person with an analysis of the person's performance on the examination.
(c)  A person who fails an examination three times may not submit a new application for a license until after the first anniversary of the date the person last failed the examination.
Added by Acts 1987, 70th Leg., ch. 1052, Sec. 4.11, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.115(a), eff. September 1, 2005.
2023 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 43 - Regulation of Child-Care and Child-Placing Agency Administrators › Section 43.0042. Recognition of License Issued by Another State

Sec. 43.0042.  RECOGNITION OF LICENSE ISSUED BY ANOTHER STATE.  (a)  The department may waive any prerequisite to obtaining a license for an applicant:
(1)  after reviewing the applicant's credentials and determining that the applicant holds a valid license from another state that has license requirements substantially equivalent to those of this state;  or
(2)  after determining the applicant has a valid license from another state with which this state has a reciprocity agreement.
(b)  The department may enter into an agreement with another state to permit licensing by reciprocity.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 44, eff. Sept. 1, 1997.
2023 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 43 - Regulation of Child-Care and Child-Placing Agency Administrators › Section 43.005. Rules

Sec. 43.005.  RULES.  The executive commissioner may adopt rules to administer the provisions of this chapter.
Acts 1979, 66th Leg., p. 2368, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.248, eff. April 2, 2015.
2023 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 43 - Regulation of Child-Care and Child-Placing Agency Administrators › Section 43.0055. Competitive Bidding or Advertising Rules

Sec. 43.0055.  COMPETITIVE BIDDING OR ADVERTISING RULES.  (a)  The executive commissioner may not adopt rules restricting competitive bidding or advertising by a license holder except to prohibit false, misleading, or deceptive practices.
(b)  Rules to prohibit false, misleading, or deceptive practices may not include a rule that:
(1)  restricts the use of any medium for advertising;
(2)  restricts the use of a license holder's personal appearance or voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the license holder; or
(4)  restricts the license holder's advertisement under a trade name.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 45, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.249, eff. April 2, 2015.
2023 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 43 - Regulation of Child-Care and Child-Placing Agency Administrators › Section 43.006. Fees

Sec. 43.006.  FEES.  The executive commissioner by rule may set and the department may collect fees for administering an examination and issuing an initial license, renewal license, or provisional license in amounts necessary to cover the costs of administering this chapter.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1983, 68th Leg., p. 386, ch. 81, Sec. 13(a), eff. Sept. 1, 1983;  Acts 1997, 75th Leg., ch. 1022, Sec. 46, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.250, eff. April 2, 2015.
2023 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 43 - Regulation of Child-Care and Child-Placing Agency Administrators › Section 43.007. License Application

Sec. 43.007.  LICENSE APPLICATION.  (a)  A person who has the education and experience required by Section 43.004 of this code may apply to the department for a license.
(b)  The applicant shall send the appropriate license fee with the application.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1983, 68th Leg., p. 386, ch. 81, Sec. 13(b), eff. Sept. 1, 1983.
2023 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 43 - Regulation of Child-Care and Child-Placing Agency Administrators › Section 43.008. Licensing

Sec. 43.008.  LICENSING.  (a)  The department shall issue a license to a person who has satisfied all the licensing requirements.
(b)  The license is valid for a period of two years from the date issued.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
2023 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 43 - Regulation of Child-Care and Child-Placing Agency Administrators › Section 43.0081. Provisional License

Sec. 43.0081.  PROVISIONAL LICENSE.  (a)  The commission may issue a provisional child-care administrator's license to:
(1)  an applicant licensed in another state who applies for a license in this state if the applicant:
(A)  is licensed in good standing as a child-care administrator for at least two years in another state, the District of Columbia, a foreign country, or a territory of the United States that has licensing requirements that are substantially equivalent to the requirements of this chapter;
(B)  has passed a national or other examination recognized by the commission that demonstrates competence in the field of child-care administration; and
(C)  is sponsored by a person licensed by the commission under this chapter with whom the provisional license holder may practice under this section; and
(2)  an applicant who:
(A)  otherwise qualifies for a license but does not meet the experience requirement in Section 43.004(a)(4); and
(B)  complies with any additional requirement established by rule under Subsection (e).
(b)  The commission may waive the requirement of Subsection (a)(1)(C) for an applicant if the commission determines that compliance with that paragraph constitutes a hardship to the applicant.
(c)  A provisional license under Subsection (a)(1) is valid until the date the commission approves or denies the provisional license holder's application for a license.  The commission shall issue a license under this chapter to the provisional license holder described by Subsection (a)(1) if:
(1)  the provisional license holder passes the examination required by Section 43.004;
(2)  the commission verifies that the provisional license holder has the academic and experience requirements for a license under this chapter; and
(3)  the provisional license holder satisfies any other license requirements under this chapter.
(d)  For a provisional license holder described by Subsection (a)(1), the commission shall complete the processing of a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued.  The commission may extend the 180-day limit if the results of the license holder's examination have not been received by the commission.
(e)  The executive commissioner by rule may establish additional requirements for the issuance of a provisional child-care administrator's license under Subsection (a)(2)(A) as the executive commissioner determines appropriate.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 47, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.116, eff. September 1, 2005.
Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 25, eff. June 14, 2021.
2023 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 43 - Regulation of Child-Care and Child-Placing Agency Administrators › Section 43.0105. Revocation of Probation

Sec. 43.0105.  REVOCATION OF PROBATION.  The department may revoke the probation of a license holder if the license holder violates a term of the conditions of probation.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 50, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.120, eff. September 1, 2005.
2023 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 43 - Regulation of Child-Care and Child-Placing Agency Administrators › Section 43.0106. Administrative Hearing

Sec. 43.0106.  ADMINISTRATIVE HEARING.  (a)  If the department denies a license or proposes to suspend, revoke, or refuse to renew a person's license, the person is entitled to a hearing conducted by the State Office of Administrative Hearings.  Proceedings for a disciplinary action are governed by the administrative procedure law, Chapter 2001, Government Code.  Rules of practice adopted by the executive commissioner under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings.
(b)  A person may not continue to operate as a licensed child-care administrator or child-placing agency administrator during the appeal process if the department determines that the person is an immediate threat to the health or safety of a child.
(c)  The department must notify the person, and if applicable, the governing body of the facility that employs the person, of the department's determination under Subsection (b).
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 50, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.121, eff. September 1, 2005.
2023 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 43 - Regulation of Child-Care and Child-Placing Agency Administrators › Section 43.012. Penalty

Sec. 43.012.  PENALTY.  A person who serves as a child-care or child-placing agency administrator without the license required by this chapter commits a Class C misdemeanor.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1997, 75th Leg., ch. 1063, Sec. 8, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.122, eff. September 1, 2005.
2023 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 44 - Administration of Federal and State Day-Care Programs › Subchapter A. Federally Established Day-Care Programs › Section 44.001. Designated Agency

Sec. 44.001.  DESIGNATED AGENCY.  The Texas Workforce Commission is the state agency designated to administer a day-care program established by federal law and financed partially or totally by federal funds.
Acts 1979, 66th Leg., p. 2370, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 76, Sec. 8.024, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 655, Sec. 11.64, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.252, eff. April 2, 2015.
2023 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 44 - Administration of Federal and State Day-Care Programs › Subchapter A. Federally Established Day-Care Programs › Section 44.002. Administrative Rules

Sec. 44.002.  ADMINISTRATIVE RULES.  (a)  The Texas Workforce Commission shall promulgate rules to carry out the administrative provisions of the program consistent with federal law and regulations.
(b)  The rules must include procedures to allow operators of day-care centers to review and comment on proposed rules and policies.
Acts 1979, 66th Leg., p. 2370, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1987, 70th leg., ch. 717, Sec. 1, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 76, Sec. 8.025, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 655, Sec. 11.65, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 228 (H.B. 2961), Sec. 1, eff. May 27, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.252, eff. April 2, 2015.
2023 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 44 - Administration of Federal and State Day-Care Programs › Subchapter A. Federally Established Day-Care Programs › Section 44.003. Administration of Federal-Local Program

Sec. 44.003.  ADMINISTRATION OF FEDERAL-LOCAL PROGRAM.  (a)  If the program is to be funded through political subdivisions of the state or local agencies approved by the Texas Workforce Commission matching federal grants, the Texas Workforce Commission shall promulgate procedures for effective delivery of services consistent with this section and with federal law and regulations.
(b)  If the services are provided through contracting with operators of day-care programs on request from political subdivisions or local agencies, the Texas Workforce Commission may not promulgate standards for selection of the type of programs more restrictive than required by federal law or regulations.
(c)  The executive director of the Texas Workforce Commission shall establish an accounting system consistent with federal law and regulations which will provide that an operator of a day-care program contracting with the Texas Workforce Commission:
(1)  shall receive prepayment in accordance with policies and procedures mutually agreed on by the comptroller and the Texas Workforce Commission; and
(2)  shall be paid on the basis of legitimate and reasonable expenses, insofar as possible, given federal regulations and department policy, instead of being paid on the basis of the number of children attending or the number of children enrolled in the program, provided that on being monitored by the Texas Workforce Commission, the contracting operator can substantiate that there were sufficient preparations in the development of the services offered.
(d)  The executive director of the Texas Workforce Commission shall establish procedures for hearing complaints by operators of day-care programs contracting with the Texas Workforce Commission relating to the failure of the Texas Workforce Commission to comply with Subsection (c).
Acts 1979, 66th Leg., p. 2370, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 76, Sec. 8.026, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 655, Sec. 11.66, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.252, eff. April 2, 2015.
2023 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 44 - Administration of Federal and State Day-Care Programs › Subchapter B. Day-Care Centers › Section 44.031. Establishment

Sec. 44.031.  ESTABLISHMENT.  (a)  The Texas Workforce Commission may establish day-care centers for all children who qualify for services under Section 44.032.  Where in the opinion of the executive director of the Texas Workforce Commission it appears feasible for the furtherance of the objectives of this legislation, the Texas Workforce Commission may establish cooperative agreements with other state agencies.
(b)  The Texas Workforce Commission is not required to establish a day-care center or to provide services under this subchapter unless funds are appropriated for that purpose.
Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.027, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 655, Sec. 11.67, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.252, eff. April 2, 2015.
2023 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 44 - Administration of Federal and State Day-Care Programs › Subchapter B. Day-Care Centers › Section 44.032. Eligibility

Sec. 44.032.  ELIGIBILITY.  (a)  Except as provided by Subsection (b), to be eligible for admission to a day-care center authorized under this subchapter, a child must be at least six weeks of age and:
(1)  the child must be eligible for state assistance under the aid to families with dependent children program and the child's caretaker must be employed, enrolled in a job training program authorized by the Texas Workforce Commission, registered to work by the Texas Workforce Commission, or permanently and totally disabled; or
(2)  the child must be from a family eligible under federal law or regulations to participate in a partially or totally federally funded welfare or social services program.
(b)  Additional children of the same age group may also be admitted to a center under additional standards established by the Texas Workforce Commission.
(c)  To reduce rapid turnover of children in care and to ensure maximum stability for the child to the extent possible within federal guidelines, once a child meets the initial eligibility standards and is enrolled in a child-care program, the child remains eligible for not less than one year after the date of enrollment.
Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.028, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 655, Sec. 11.68, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.252, eff. April 2, 2015.
2023 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 44 - Administration of Federal and State Day-Care Programs › Subchapter B. Day-Care Centers › Section 44.033. Fees

Sec. 44.033.  FEES.  (a)  A fee for services rendered by the day-care center may not be charged for a child who is eligible for state assistance under the aid to families with dependent children program.
(b)  A fee that is scaled to family income for services rendered by the day-care program may be charged for a child who is not eligible for state assistance under the aid to families with dependent children program.
Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.252, eff. April 2, 2015.
2023 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 44 - Administration of Federal and State Day-Care Programs › Subchapter B. Day-Care Centers › Section 44.034. Standards; Recommendations

Sec. 44.034.  STANDARDS;  RECOMMENDATIONS.  (a)  If the Texas Workforce Commission establishes day-care centers under this subchapter, the department shall prescribe standards of operation and performance for the centers that will ensure proper nutrition, social adjustment, health services, and appropriate growth and development for children admitted.
(b)  The executive director of the Texas Workforce Commission shall prescribe procedures for receiving recommendations relating to the operation of the centers from parents, guardians, or custodians of children admitted to the centers, operators of the centers, and other interested persons.
Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.029, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 655, Sec. 11.69, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.252, eff. April 2, 2015.
2023 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 44 - Administration of Federal and State Day-Care Programs › Subchapter B. Day-Care Centers › Section 44.035. Contracts

Sec. 44.035.  CONTRACTS.  (a)  The executive director of the Texas Workforce Commission may contract for services authorized under this subchapter with an individual, organization, association, or corporation meeting the standards established under Section 44.034 and the standards for child-care facilities licensed by the department.
(b)  The fees paid to the center under the contract may not exceed the amount it would cost the state to provide the same services.
(c)  The executive director of the Texas Workforce Commission shall terminate a contract with a day-care center that fails to maintain the department's standards.
(d)  When the executive director of the Texas Workforce Commission intends to cancel a contract with a day-care center, the executive director shall give the center reasonable notice and an opportunity for a hearing if one is requested.  The Texas Workforce Commission shall adopt rules consistent with Chapter 2001, Government Code, to implement this section.  Hearings under this section are contested cases under that chapter.
Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 8.030, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 655, Sec. 11.70, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.252, eff. April 2, 2015.
2023 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 44 - Administration of Federal and State Day-Care Programs › Subchapter B. Day-Care Centers › Section 44.036. Annual Evaluation of Day-Care Centers

Sec. 44.036.  ANNUAL EVALUATION OF DAY-CARE CENTERS.  If the Texas Workforce Commission establishes day-care centers or provides services under this subchapter, the Texas Workforce Commission, with the assistance of the department, shall evaluate the performance of the centers each state fiscal year.  This evaluation shall be sent to the governor and to the Legislative Budget Board not later than the 100th day after the last day of the state fiscal year covered by the evaluation.
Added by Acts 1987, 70th Leg., ch. 717, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.031, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 655, Sec. 11.71, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.252, eff. April 2, 2015.
2023 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 45 - Protection of Rights of Conscience for Child Welfare Services Providers › Section 45.001. Legislative Intent

Sec. 45.001.  LEGISLATIVE INTENT.  It is the intent of the legislature to maintain a diverse network of service providers that offer a range of foster capacity options and that accommodate children from various cultural backgrounds.  To that end, the legislature expects reasonable accommodations to be made by the state to allow people of diverse backgrounds and beliefs to be a part of meeting the needs of children in the child welfare system.  Decisions regarding the placement of children shall continue to be made in the best interest of the child, including which person is best able to provide for the child's physical, psychological, and emotional needs and development.
Added by Acts 2017, 85th Leg., R.S., Ch. 1152 (H.B. 3859), Sec. 1, eff. September 1, 2017.
2023 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 45 - Protection of Rights of Conscience for Child Welfare Services Providers › Section 45.002. Definitions

Sec. 45.002.  DEFINITIONS.  In this chapter:
(1)  "Adverse action" means any action that directly or indirectly adversely affects the person against whom the adverse action is taken, places the person in a worse position than the person was in before the adverse action was taken, or is likely to deter a reasonable person from acting or refusing to act. An adverse action includes:
(A)  denying an application for, refusing to renew, or canceling funding;
(B)  declining to enter into, refusing to renew, or canceling a contract;
(C)  declining to issue, refusing to renew, or canceling a license;
(D)  terminating, suspending, demoting, or reassigning a person; and
(E)  limiting the ability of a person to engage in child welfare services.
(2)  "Catchment area" means a geographic service area for providing child protective services or child welfare services.
(3)  "Child welfare services" means social services provided to or on behalf of children, including:
(A)  assisting abused or neglected children;
(B)  counseling children or parents;
(C)  promoting foster parenting;
(D)  providing foster homes, general residential operations, residential care, adoptive homes, group homes, or temporary group shelters for children;
(E)  recruiting foster parents;
(F)  placing children in foster homes;
(G)  licensing foster homes;
(H)  promoting adoption or recruiting adoptive parents;
(I)  assisting adoptions or supporting adoptive families;
(J)  performing or assisting home studies;
(K)  assisting kinship guardianships or kinship caregivers;
(L)  providing family preservation services;
(M)  providing family support services;
(N)  providing temporary family reunification services;
(O)  placing children in adoptive homes; and
(P)  serving as a foster parent.
(4)  "Child welfare services provider" means a person, other than a governmental entity, that provides, seeks to provide, or applies for or receives a contract, subcontract, grant, subgrant, or cooperative agreement to provide child welfare services.  The person is not required to be engaged exclusively in child welfare services to be a child welfare services provider.
(5)  "Governmental entity" means:
(A)  this state or a municipality or other political subdivision of this state;
(B)  any agency of this state or of a municipality or other political subdivision of this state, including a department, bureau, board, commission, office, agency, council, and public institution of higher education; or
(C)  a single source continuum contractor in this state providing services identified under Section 264.153, Family Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 1152 (H.B. 3859), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 11.001, eff. September 1, 2021.
2023 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 45 - Protection of Rights of Conscience for Child Welfare Services Providers › Section 45.003. Applicability

Sec. 45.003.  APPLICABILITY.  (a)  This chapter applies to any ordinance, rule, order, decision, practice, or other exercise of governmental authority.
(b)  This chapter applies to an act of a governmental entity, in the exercise of governmental authority, granting or refusing to grant a government benefit to a child welfare services provider.
Added by Acts 2017, 85th Leg., R.S., Ch. 1152 (H.B. 3859), Sec. 1, eff. September 1, 2017.
2023 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 45 - Protection of Rights of Conscience for Child Welfare Services Providers › Section 45.004. Child Welfare Services Providers Protected

Sec. 45.004.  CHILD WELFARE SERVICES PROVIDERS PROTECTED.  A governmental entity or any person that contracts with this state or operates under governmental authority to refer or place children for child welfare services may not discriminate or take any adverse action against a child welfare services provider on the basis, wholly or partly, that the provider:
(1)  has declined or will decline to provide, facilitate, or refer a person for child welfare services that conflict with, or under circumstances that conflict with, the provider's sincerely held religious beliefs;
(2)  provides or intends to provide children under the control, care, guardianship, or direction of the provider with a religious education, including through placing the children in a private or parochial school or otherwise providing a religious education in accordance with the laws of this state;
(3)  has declined or will decline to provide, facilitate, or refer a person for abortions, contraceptives, or drugs, devices, or services that are potentially abortion-inducing; or
(4)  refuses to enter into a contract that is inconsistent with or would in any way interfere with or force a provider to surrender the rights created by this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 1152 (H.B. 3859), Sec. 1, eff. September 1, 2017.
2023 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 45 - Protection of Rights of Conscience for Child Welfare Services Providers › Section 45.005. Secondary Services Providers and Referrals

Sec. 45.005.  SECONDARY SERVICES PROVIDERS AND REFERRALS.  (a)  A child welfare services provider may not be required to provide any service that conflicts with the provider's sincerely held religious beliefs.
(b)  A governmental entity or any person that operates under governmental authority to refer or place children for child welfare services shall:
(1)  ensure that a secondary child welfare services provider is available in that catchment area to provide a service described by Subsection (a) to a child; or
(2)  if there is an insufficient number of secondary services providers willing or available in that catchment area to provide that service, provide for one or more secondary services providers in a nearby catchment area.
(c)  A child welfare services provider who declines to provide a child welfare service as authorized by this section shall:
(1)  provide to the person seeking the service written information directing the person to:
(A)  the web page on the department's Internet website that includes a list of other licensed child welfare services providers; or
(B)  other information sources that identify other licensed child welfare services providers who provide the service being denied;
(2)  refer the applicant to another licensed child welfare services provider who provides the service being denied; or
(3)  refer the applicant to the department or to a single source continuum contractor to identify and locate a licensed child welfare services provider who provides the service being denied.
Added by Acts 2017, 85th Leg., R.S., Ch. 1152 (H.B. 3859), Sec. 1, eff. September 1, 2017.
2023 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 45 - Protection of Rights of Conscience for Child Welfare Services Providers › Section 45.006. Private Right of Action

Sec. 45.006.  PRIVATE RIGHT OF ACTION.  A child welfare services provider may assert an actual or threatened violation of this chapter as a claim or defense in a judicial or administrative proceeding and obtain the relief specified in Section 45.007.
Added by Acts 2017, 85th Leg., R.S., Ch. 1152 (H.B. 3859), Sec. 1, eff. September 1, 2017.
2023 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 45 - Protection of Rights of Conscience for Child Welfare Services Providers › Section 45.007. Remedies

Sec. 45.007.  REMEDIES.  (a)  A child welfare services provider who successfully asserts a claim or defense under this chapter is entitled to recover:
(1)  declaratory relief under Chapter 37, Civil Practice and Remedies Code; or
(2)  injunctive relief to prevent the threatened or continued adverse action.
(b)  A person may not bring an action for declaratory or injunctive relief against an individual, other than an action brought against an individual acting in the individual's official capacity.
Added by Acts 2017, 85th Leg., R.S., Ch. 1152 (H.B. 3859), Sec. 1, eff. September 1, 2017.
2023 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 45 - Protection of Rights of Conscience for Child Welfare Services Providers › Section 45.008. Immunity Waived

Sec. 45.008.  IMMUNITY WAIVED.  (a)  Sovereign and governmental immunity to suit are waived.
(b)  Notwithstanding Subsection (a), this chapter does not waive or abolish sovereign immunity to suit under the Eleventh Amendment to the United States Constitution.
Added by Acts 2017, 85th Leg., R.S., Ch. 1152 (H.B. 3859), Sec. 1, eff. September 1, 2017.
2023 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 45 - Protection of Rights of Conscience for Child Welfare Services Providers › Section 45.009. Effect on Rights; Construction of Law

Sec. 45.009.  EFFECT ON RIGHTS; CONSTRUCTION OF LAW.  (a)  This chapter may not be construed to authorize a governmental entity to burden a person's free exercise of religion.
(b)  The protections of religious freedom afforded by this chapter are in addition to the protections provided under federal or state law and the constitutions of this state and the United States.
(c)  This chapter may not be construed to supersede any law of this state that is equally as protective of religious beliefs as, or more protective of religious beliefs than, this chapter.
(d)  This chapter may not be considered to narrow the meaning or application of any other law protecting religious beliefs.
(e)  This chapter may not be construed to prevent law enforcement officers from exercising duties imposed on the officers under the Family Code and the Penal Code.
(f)  This chapter may not be construed to allow a child welfare services provider to decline to provide, facilitate, or refer a person for child welfare services on the basis of that person's race, ethnicity, or national origin.
(g)  This chapter may not be construed to allow a child welfare services provider to deprive a minor of the rights, including the right to medical care, provided by Chapters 32, 263, and 266, Family Code.
(h)  This chapter may not be construed to prohibit the department from:
(1)  exercising its duty as the child's managing conservator to make decisions in the child's best interest; or
(2)  obtaining necessary child welfare services from an alternate child welfare services provider.
Added by Acts 2017, 85th Leg., R.S., Ch. 1152 (H.B. 3859), Sec. 1, eff. September 1, 2017.
2023 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 45 - Protection of Rights of Conscience for Child Welfare Services Providers › Section 45.010. Interpretation

Sec. 45.010.  INTERPRETATION.  This chapter shall be liberally construed to effectuate its remedial and deterrent purposes.
Added by Acts 2017, 85th Leg., R.S., Ch. 1152 (H.B. 3859), Sec. 1, eff. September 1, 2017.
2023 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 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter A. General Provisions › Section 48.001. Purpose

Sec. 48.001.  PURPOSE.  The purpose of this chapter is to provide for the authority to investigate the abuse, neglect, or exploitation of an elderly person or person with a disability and to provide protective services to that person.
Added by Acts 1981, 67th Leg., p. 2368, ch. 584, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 730, ch. 172, Sec. 1, eff. Sept. 1, 1983;  Acts 1995, 74th Leg., ch. 303, Sec. 2, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 907, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.254, eff. April 2, 2015.
2023 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 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter A. General Provisions › Section 48.0021. Reference to Commission or Executive Commissioner

Sec. 48.0021.  REFERENCE TO COMMISSION OR EXECUTIVE COMMISSIONER.  Unless otherwise provided by a provision of this chapter, in this chapter:
(1)  a reference to the Health and Human Services Commission means the Department of Family and Protective Services; and
(2)  a reference to the executive commissioner means the commissioner of the Department of Family and Protective Services.
Added by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 35, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 13, eff. September 1, 2023.
2023 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 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter A. General Provisions › Section 48.003. Investigations in Nursing Facilities, Assisted Living Facilities, and Similar Facilities

Sec. 48.003.  INVESTIGATIONS IN NURSING FACILITIES, ASSISTED LIVING FACILITIES, AND SIMILAR FACILITIES.  (a)  Except as provided by Subsection (c), this chapter does not apply if the alleged or suspected abuse, neglect, or exploitation occurs in a facility licensed under Chapter 242 or 247, Health and Safety Code.
(b)  Alleged or suspected abuse, neglect, or exploitation that occurs in a facility licensed under Chapter 242 or 247, Health and Safety Code, is governed by Chapter 260A, Health and Safety Code, except as otherwise provided by Subsection (c).
(c)  Subchapter F applies to an investigation of alleged or suspected abuse, neglect, or exploitation in which a provider of home and community-based services is or may be alleged to have committed the abuse, neglect, or exploitation, regardless of whether the facility in which those services were provided is licensed under Chapter 242 or 247, Health and Safety Code.
Added by Acts 1995, 74th Leg., ch. 303, Sec. 14, eff. Sept. 1, 1995.  Renumbered from Sec. 48.085 and amended by Acts 1999, 76th Leg., ch. 907, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(l), eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 3, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 11, eff. September 1, 2015.
2023 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 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter A. General Provisions › Section 48.004. Risk Assessment

Sec. 48.004.  RISK ASSESSMENT.  The executive commissioner by rule shall develop and maintain risk assessment criteria for use by department personnel in determining whether an elderly person or person with a disability is in imminent risk of abuse, neglect, or exploitation or in a state of abuse, neglect, or exploitation and needs protective services.  The criteria must:
(1)  provide for a comprehensive assessment of the person's:
(A)  environmental, physical, medical, mental health, and financial condition;
(B)  social interaction and support; and
(C)  need for legal intervention; and
(2)  specify the circumstances under which a caseworker must consult with a supervisor regarding a case.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.06, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.257, eff. April 2, 2015.
2023 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 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter A. General Provisions › Section 48.005. Maintenance of Records

Sec. 48.005.  MAINTENANCE OF RECORDS.  Notwithstanding Chapter 441, Government Code, or any other law, and subject to the availability of funds, the department shall maintain in an electronic format a summary of all records related to investigations of reports made under Section 48.051 that includes only critical information with respect to those investigations that will enable the department to research the history of a person's involvement in the investigated cases.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.07, eff. September 1, 2005.
2023 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 48 - Investigations and Protective Services for Elderly Persons and Persons With Disabilities › Subchapter A. General Provisions › Section 48.006. Community Satisfaction Survey

Sec. 48.006.  COMMUNITY SATISFACTION SURVEY.  (a)  Subject to the availability of funds, the department shall develop a community satisfaction survey that solicits information regarding the department's performance with respect to providing investigative and adult protective services.  In each region, the department shall send the survey at least biennially to:
(1)  stakeholders in the adult protective services system, including local law enforcement agencies and prosecutors' offices;
(2)  protective services agencies, including nonprofit agencies; and
(3)  courts with jurisdiction over probate matters.
(b)  The department shall send the results of each region's survey to:
(1)  the region for evaluation by regional and program administrators and implementation of changes necessary to address community concerns;
(2)  the presiding judge of the statutory probate courts in that region; and
(3)  courts with jurisdiction over probate matters in that region.
(c)  The department may not include any confidential information in the results of the survey provided under Subsection (b)(2) or (3) unless ordered by a court.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.07, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 7, eff. September 1, 2011.