S.B. No. 353

	AN ACT
	relating to the ability of an emergency shelter facility to provide
	shelter or care for an unaccompanied minor without a license.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsection (b), Section 42.041, 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 or agency foster group 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 [providing] shelter or
	care to a minor and the minor's child or [mothers who are the sole
	support of their natural] 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) [unless the facility would otherwise require a license
	as a child-care facility under this section];
	(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
	[Youth Commission], 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 before the
	child or sibling group was placed with the caretaker; or
	(22)  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 child is in
	the United States on a time-limited visa under the sponsorship of
	the caretaker or of a sponsoring organization.
	SECTION 2.  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, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 353 passed the Senate on
	March 13, 2013, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 353 passed the House on
	May 10, 2013, by the following vote:  Yeas 143, Nays 0, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor