H.B. No. 1786

	AN ACT
	relating to an exemption for certain programs from the child-care
	licensing requirements.
	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 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 on or
	near the premises, including but not limited to retreats or classes
	for religious instruction;
	(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 [Texas] Department of
	State Health Services;
	(6)  a facility licensed, operated, certified, or
	registered by another state agency;
	(7)  an educational facility accredited by the Texas
	Education Agency or the Southern Association of Colleges and
	Schools that operates primarily for educational purposes in grades
	kindergarten and above, an after-school program operated directly
	by an accredited educational facility, or an after-school program
	operated by another entity under contract with the educational
	facility, if the Texas Education Agency or Southern Association of
	Colleges and Schools has approved the curriculum content of the
	after-school program operated under the contract;
	(8)  an educational facility that operates solely for
	educational purposes in grades kindergarten 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 educational
	programs for children age five and above in one or more of the
	following: kindergarten through at least grade three, elementary,
	or secondary grades;
	(12)  an emergency shelter facility providing shelter
	to minor mothers who are the sole support of their natural children
	under Section 32.201, Family Code, 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, or Section 141.042(d), a juvenile
	facility providing services solely for the Texas 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; [or]
	(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; or
	(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.
	SECTION 2.  This Act takes effect September 1, 2007.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1786 was passed by the House on May
	10, 2007, by the following vote:  Yeas 143, Nays 0, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 1786 on May 25, 2007, by the following vote:  Yeas 137, Nays 0,
	1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1786 was passed by the Senate, with
	amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor