H.B. No. 2070
 
 
 
 
AN ACT
  relating to certain requirements for certain facilities licensed by
  the Department of Family and Protective Services and the
  department's enforcement authority.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0462 to read as follows:
         Sec. 42.0462.  WAIVER OF NOTICE AND HEARING REQUIREMENTS.
  To protect the safety and well-being of residents and employees of a
  general residential operation that provides comprehensive
  residential services to children who are victims of trafficking,
  the department shall waive the notice and hearing requirements
  imposed under Section 42.0461 for an applicant who submits to the
  department an application to provide trafficking victim services at
  the applicant's general residential operation.
         SECTION 2.  Section 42.054, Human Resources Code, is amended
  by amending Subsections (a), (b), (c), (d), and (e) and adding
  Subsection (h) to read as follows:
         (a)  The department shall charge an applicant a
  nonrefundable application fee [of $35] for an initial license to
  operate a child-care facility or a child-placing agency.
         (b)  The department shall charge each child-care facility a
  fee [of $35] for an initial license. The department shall charge
  each child-placing agency a fee [of $50] for an initial license.
         (c)  The department shall charge each licensed child-care
  facility an annual license fee [in the amount of $35 plus $1 for
  each child the child-care facility is permitted to serve]. The fee
  is due on the date on which the department issues the child-care
  facility's initial license and on the anniversary of that date.
         (d)  The department shall charge each licensed child-placing
  agency an annual license fee [of $100]. The fee is due on the date on
  which the department issues the child-placing agency's initial
  license and on the anniversary of that date.
         (e)  The department shall charge each family home that is
  listed or registered with the department an annual fee [to cover a
  part of the department's cost in regulating family homes. The
  amount of the fee is $20 for a listed home or $35 for a registered
  home]. The fee is due on the date on which the department initially
  lists or registers the home and on the anniversary of that date.
         (h)  The executive commissioner by rule shall set fees under
  this section.
         SECTION 3.  Subchapter D, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0704 to read as follows:
         Sec. 42.0704.  ENFORCEMENT POLICY.  (a)  The executive
  commissioner by rule shall adopt a general enforcement policy that
  describes the department's approach to enforcement of this chapter.
         (b)  The enforcement policy must:
               (1)  summarize the department's general expectations in
  enforcing this chapter;
               (2)  include the methodology required by Subsection
  (c); and
               (3)  describe the department's plan for strengthening
  its enforcement efforts and for making objective regulatory
  decisions.
         (c)  As part of the enforcement policy, the department shall
  develop and implement a methodology for determining the appropriate
  disciplinary action to take against a person who violates this
  chapter or a department rule. The methodology must provide guidance
  on when to use each of the available tools of enforcement, including
  technical assistance, voluntary plans of action, evaluation,
  probation, suspension or revocation of a license or registration,
  denial of a license or registration, administrative penalties, and
  emergency suspension. The methodology must allow the department to
  consider the circumstances of a particular case, including the
  nature and seriousness of the violation, history of previous
  violations, and aggravating and mitigating factors, in determining
  the appropriate disciplinary action.
         (d)  The department shall make the methodology described by
  Subsection (c) available to the public, including by posting the
  methodology on the department's Internet website.
         SECTION 4.  Section 42.078(a-2), Human Resources Code, is
  amended to read as follows:
         (a-2)  The department may impose an administrative penalty
  without first imposing a nonmonetary administrative sanction for
  violating a minimum standard applicable to a facility or family
  home under this chapter that is determined by the department to be a
  high-risk standard, including background check standards, safety
  hazard standards, and supervision standards [the following
  violations:
                     [(1)     failing to timely submit the information
  required to conduct a background and criminal history check under
  Section 42.056 and applicable department rules on two or more
  occasions;
                     [(2)     failing to submit the information required
  to conduct a background and criminal history check under Section
  42.056 and applicable department rules before the 30th day after
  the date the facility or family home is notified by the department
  that the information is overdue;
                     [(3)     except as provided by Section 42.056(g),
  knowingly allowing a person to be present in a facility or family
  home when the person's background and criminal history check has
  not been received;
                     [(4)     knowingly allowing a person to be present in
  a facility or family home when the person's background and criminal
  history check has been received and contains criminal history or
  central registry findings that under department rules preclude the
  person from being present in the facility or family home; or
                     [(5)     violating a condition or restriction the
  department places on a person's presence at a facility or family
  home as part of a pending or approved risk evaluation of the
  person's background and criminal history or central registry
  findings].
         SECTION 5.  Subchapter D, Chapter 42, Human Resources Code,
  is amended by adding Section 42.079 to read as follows:
         Sec. 42.079.  CEASE AND DESIST ORDER. (a) If it appears to
  the department that a person who is not licensed, certified,
  registered, or listed under this chapter is operating a child-care
  facility or family home, the department, after notice and
  opportunity for a hearing, may issue a cease and desist order
  prohibiting the person from operating the facility or home.
         (b)  A violation of an order under this section constitutes
  grounds for imposing an administrative penalty under Section
  42.078.
         SECTION 6.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2070 was passed by the House on May 5,
  2015, by the following vote:  Yeas 145, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2070 on May 28, 2015, by the following vote:  Yeas 144, Nays 1,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2070 was passed by the Senate, with
  amendments, on May 26, 2015, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor