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  H.B. No. 3390
 
 
 
 
AN ACT
  relating to caregivers for certain children, including the
  identification of caregivers for children in the conservatorship of
  the Department of Family and Protective Services and an exception
  from licensing requirements for certain caretakers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 107.002(b-1), Family Code, is amended to
  read as follows:
         (b-1)  In addition to the duties required by Subsection (b),
  a guardian ad litem appointed for a child in a proceeding under
  Chapter 262 or 263 shall:
               (1)  review the medical care provided to the child;
               (2)  in a developmentally appropriate manner, seek to
  elicit the child's opinion on the medical care provided; [and]
               (3)  for a child at least 16 years of age, ascertain
  whether the child has received the following documents:
                     (A)  a certified copy of the child's birth
  certificate;
                     (B)  a social security card or a replacement
  social security card;
                     (C)  a driver's license or personal
  identification certificate under Chapter 521, Transportation Code;
  and
                     (D)  any other personal document the Department of
  Family and Protective Services determines appropriate; and
               (4)  seek to elicit in a developmentally appropriate
  manner the name of any adult, particularly an adult residing in the
  child's community, who could be a relative or designated caregiver
  for the child and immediately provide the names of those
  individuals to the Department of Family and Protective Services.
         SECTION 2.  Section 107.003(b), Family Code, is amended to
  read as follows:
         (b)  In addition to the duties required by Subsection (a), an
  attorney ad litem appointed for a child in a proceeding under
  Chapter 262 or 263 shall:
               (1)  review the medical care provided to the child;
               (2)  in a developmentally appropriate manner, seek to
  elicit the child's opinion on the medical care provided; [and]
               (3)  for a child at least 16 years of age:
                     (A)  advise the child of the child's right to
  request the court to authorize the child to consent to the child's
  own medical care under Section 266.010; and
                     (B)  ascertain whether the child has received the
  following documents:
                           (i)  a certified copy of the child's birth
  certificate;
                           (ii)  a social security card or a
  replacement social security card;
                           (iii)  a driver's license or personal
  identification certificate under Chapter 521, Transportation Code;
  and
                           (iv)  any other personal document the
  Department of Family and Protective Services determines
  appropriate; and
               (4)  seek to elicit in a developmentally appropriate
  manner the name of any adult, particularly an adult residing in the
  child's community, who could be a relative or designated caregiver
  for the child and immediately provide the names of those
  individuals to the Department of Family and Protective Services.
         SECTION 3.  The heading to Section 261.307, Family Code, is
  amended to read as follows:
         Sec. 261.307.  INFORMATION RELATING TO INVESTIGATION
  PROCEDURE AND CHILD PLACEMENT RESOURCES.
         SECTION 4.  Section 261.307(a), Family Code, is amended to
  read as follows:
         (a)  As soon as possible after initiating an investigation of
  a parent or other person having legal custody of a child, the
  department shall provide to the person:
               (1)  a summary that:
                     (A)  is brief and easily understood;
                     (B)  is written in a language that the person
  understands, or if the person is illiterate, is read to the person
  in a language that the person understands; and
                     (C)  contains the following information:
                           (i)  the department's procedures for
  conducting an investigation of alleged child abuse or neglect,
  including:
                                 (a)  a description of the
  circumstances under which the department would request to remove
  the child from the home through the judicial system; and
                                 (b)  an explanation that the law
  requires the department to refer all reports of alleged child abuse
  or neglect to a law enforcement agency for a separate determination
  of whether a criminal violation occurred;
                           (ii)  the person's right to file a complaint
  with the department or to request a review of the findings made by
  the department in the investigation;
                           (iii)  the person's right to review all
  records of the investigation unless the review would jeopardize an
  ongoing criminal investigation or the child's safety;
                           (iv)  the person's right to seek legal
  counsel;
                           (v)  references to the statutory and
  regulatory provisions governing child abuse and neglect and how the
  person may obtain copies of those provisions; and
                           (vi)  the process the person may use to
  acquire access to the child if the child is removed from the home;
               (2)  if the department determines that removal of the
  child may be warranted, a proposed child placement resources form
  that:
                     (A)  instructs the parent or other person having
  legal custody of the child to:
                           (i)  complete and return the form to the
  department or agency; [and]
                           (ii)  identify in the form at least three
  individuals who could be relative caregivers or designated
  caregivers, as those terms are defined by Section 264.751; [and]
                           (iii)  ask the child in a developmentally
  appropriate manner to identify any adult, particularly an adult
  residing in the child's community, who could be a relative
  caregiver or designated caregiver for the child; and
                           (iv)  list on the form the name of each
  individual identified by the child as a potential relative
  caregiver or designated caregiver; and
                     (B)  informs the parent or other person of a
  location that is available to the parent or other person to submit
  the information in the form 24 hours a day either in person or by
  facsimile machine or e-mail; and
               (3)  an informational manual required by Section
  261.3071.
         SECTION 5.  Section 262.0022, Family Code, is amended to
  read as follows:
         Sec. 262.0022.  REVIEW OF PLACEMENT; FINDINGS.  At each
  hearing under this chapter, the court shall review the placement of
  each child in the temporary or permanent managing conservatorship
  of the Department of Family and Protective Services who is not
  placed with a relative caregiver or designated caregiver as defined
  by Section 264.751. The court shall include in its findings a
  statement on whether the department:
               (1)  asked the child in a developmentally appropriate
  manner to identify any adult, particularly an adult residing in the
  child's community, who could be a relative caregiver or designated
  caregiver for the child; and
               (2)  has the option of placing the child with a relative
  caregiver or [other] designated caregiver.
         SECTION 6.  Sections 262.114(a), (a-2), and (b), Family
  Code, are amended to read as follows:
         (a)  Before a full adversary hearing under Subchapter C, the
  Department of Family and Protective Services must perform a
  background and criminal history check of the relatives or other
  designated individuals identified as a potential relative or
  designated caregiver, as defined by Section 264.751, on the
  proposed child placement resources form provided under Section
  261.307, including any adult identified by the child.  The
  department shall evaluate each person listed on the form to
  determine the relative or other designated individual who would be
  the most appropriate substitute caregiver for the child and must
  complete a home study of the most appropriate substitute caregiver,
  if any, before the full adversary hearing. Until the department
  identifies a relative or other designated individual qualified to
  be a substitute caregiver, the department must continue to explore
  substitute caregiver options, including asking the child in a
  developmentally appropriate manner to identify any adult,
  particularly an adult residing in the child's community, who could
  be a relative or designated caregiver for the child.  The time
  frames in this subsection do not apply to a relative or other
  designated individual located in another state.
         (a-2)  If the child has not been placed with a relative or
  other designated caregiver by the time of the full adversary
  hearing under Section 262.201, the department shall file with the
  court a statement that explains:
               (1)  the reasons why the department has not placed the
  child with a relative or other designated caregiver listed on the
  proposed child placement resources form, including any adult
  identified by the child; and
               (2)  the actions the department is taking, if any, to
  place the child with a relative or other designated caregiver.
         (b)  The department may place a child with a relative or
  other designated caregiver identified on the proposed child
  placement resources form, including any adult identified by the
  child, if the department determines that the placement is in the
  best interest of the child.  The department must complete the
  background and criminal history check and conduct a preliminary
  evaluation of the relative or other designated caregiver's home
  before the child is placed with the relative or other designated
  caregiver. The department may place the child with the relative or
  designated caregiver before conducting the home study required
  under Subsection (a).  Not later than 48 hours after the time that
  the child is placed with the relative or other designated
  caregiver, the department shall begin the home study of the
  relative or other designated caregiver.  The department shall
  complete the home study as soon as possible unless otherwise
  ordered by a court.  The department shall provide a copy of an
  informational manual required under Section 261.3071 to the
  relative or other designated caregiver at the time of the child's
  placement.
         SECTION 7.  Section 262.201, Family Code, is amended by
  adding Subsection (l-1) to read as follows:
         (l-1)  The court shall ask all parties present at the full
  adversary hearing whether:
               (1)  the child has had the opportunity, in a
  developmentally appropriate manner, to identify any adult,
  particularly an adult residing in the child's community, who could
  be a relative or designated caregiver for the child; and
               (2)  each individual identified by the child as a
  potential relative or designated caregiver is listed on the
  proposed child placement resources form.
         SECTION 8.  Section 263.002(b), Family Code, is amended to
  read as follows:
         (b)  At each permanency hearing under this chapter, the court
  shall review the placement of each child in the temporary managing
  conservatorship of the department who is not placed with a relative
  caregiver or designated caregiver as defined by Section
  264.751.  The court shall include in its findings a statement
  whether the department:
               (1)  asked the child in a developmentally appropriate
  manner to identify any adult, particularly an adult residing in the
  child's community, who could be a relative or designated caregiver
  for the child; and
               (2)  placed the child with a relative or [other]
  designated caregiver.
         SECTION 9.  Section 263.202(h), Family Code, is amended to
  read as follows:
         (h)  If a proposed child placement resources form as
  described by Section 261.307 has not been submitted, the court
  shall require each parent, alleged father, or other person to whom
  the department is required to provide a form to submit a completed
  form. The court shall ask all parties present at the status hearing
  whether:
               (1)  the child has had the opportunity, in a
  developmentally appropriate manner, to identify any adult,
  particularly an adult residing in the child's community, who could
  be a relative or designated caregiver for the child; and
               (2)  each individual identified by the child as a
  potential relative or designated caregiver is listed on the
  proposed child placement resources form.
         SECTION 10.  Section 263.306(a-1), Family Code, is amended
  to read as follows:
         (a-1)  At each permanency hearing before a final order is
  rendered, the court shall:
               (1)  identify all persons and parties present at the
  hearing;
               (2)  review the efforts of the department or other
  agency in:
                     (A)  locating and requesting service of citation
  on all persons entitled to service of citation under Section
  102.009; and
                     (B)  obtaining the assistance of a parent in
  providing information necessary to locate an absent parent, alleged
  father, [or] relative of the child, or other adult identified by the
  child as a potential relative or designated caregiver;
               (3)  ask all parties present whether the child or the
  child's family has a Native American heritage and identify any
  Native American tribe with which the child may be associated;
               (4)  review the extent of the parties' compliance with
  temporary orders and the service plan and the extent to which
  progress has been made toward alleviating or mitigating the causes
  necessitating the placement of the child in foster care;
               (5)  review the permanency progress report to
  determine:
                     (A)  the safety and well-being of the child and
  whether the child's needs, including any medical or special needs,
  are being adequately addressed;
                     (B)  the continuing necessity and appropriateness
  of the placement of the child, including with respect to a child who
  has been placed outside of this state, whether the placement
  continues to be in the best interest of the child;
                     (C)  the appropriateness of the primary and
  alternative permanency goals for the child developed in accordance
  with department rule and whether the department has made reasonable
  efforts to finalize the permanency plan, including the concurrent
  permanency goals, in effect for the child;
                     (D)  whether the child has been provided the
  opportunity, in a developmentally appropriate manner, to express
  the child's opinion on any medical care provided;
                     (E)  whether the child has been provided the
  opportunity, in a developmentally appropriate manner, to identify
  any adults, particularly an adult residing in the child's
  community, who could be a relative or designated caregiver for the
  child;
                     (F)  for a child receiving psychotropic
  medication, whether the child:
                           (i)  has been provided appropriate
  nonpharmacological interventions, therapies, or strategies to meet
  the child's needs; or
                           (ii)  has been seen by the prescribing
  physician, physician assistant, or advanced practice nurse at least
  once every 90 days;
                     (G) [(F)]  whether an education decision-maker
  for the child has been identified, the child's education needs and
  goals have been identified and addressed, and there have been major
  changes in the child's school performance or there have been
  serious disciplinary events;
                     (H) [(G)]  for a child 14 years of age or older,
  whether services that are needed to assist the child in
  transitioning from substitute care to independent living are
  available in the child's community; and
                     (I) [(H)]  for a child whose permanency goal is
  another planned permanent living arrangement:
                           (i)  the desired permanency outcome for the
  child, by asking the child;
                           (ii)  whether, as of the date of the hearing,
  another planned permanent living arrangement is the best permanency
  plan for the child and, if so, provide compelling reasons why it
  continues to not be in the best interest of the child to:
                                 (a)  return home;
                                 (b)  be placed for adoption;
                                 (c)  be placed with a legal guardian;
  or
                                 (d)  be placed with a fit and willing
  relative;
                           (iii)  whether the department has conducted
  an independent living skills assessment under Section
  264.121(a-3);
                           (iv)  whether the department has addressed
  the goals identified in the child's permanency plan, including the
  child's housing plan, and the results of the independent living
  skills assessment;
                           (v)  if the youth is 16 years of age or
  older, whether there is evidence that the department has provided
  the youth with the documents and information listed in Section
  264.121(e); and
                           (vi)  if the youth is 18 years of age or
  older or has had the disabilities of minority removed, whether
  there is evidence that the department has provided the youth with
  the documents and information listed in Section 264.121(e-1);
               (6)  determine whether to return the child to the
  child's parents if the child's parents are willing and able to
  provide the child with a safe environment and the return of the
  child is in the child's best interest;
               (7)  estimate a likely date by which the child may be
  returned to and safely maintained in the child's home, placed for
  adoption, or placed in permanent managing conservatorship; and
               (8)  announce in open court the dismissal date and the
  date of any upcoming hearings.
         SECTION 11.  Section 263.5031, Family Code, is amended to
  read as follows:
         Sec. 263.5031.  PERMANENCY HEARINGS FOLLOWING FINAL ORDER.
  At each permanency hearing after the court renders a final order,
  the court shall:
               (1)  identify all persons and parties present at the
  hearing;
               (2)  review the efforts of the department or other
  agency in notifying persons entitled to notice under Section
  263.0021; and
               (3)  review the permanency progress report to
  determine:
                     (A)  the safety and well-being of the child and
  whether the child's needs, including any medical or special needs,
  are being adequately addressed;
                     (B)  whether the child has been provided the
  opportunity, in a developmentally appropriate manner, to identify
  any adult, particularly an adult residing in the child's community,
  who could be a relative or designated caregiver for the child;
                     (C)  whether the department placed the child with
  a relative or [other] designated caregiver and the continuing
  necessity and appropriateness of the placement of the child,
  including with respect to a child who has been placed outside of
  this state, whether the placement continues to be in the best
  interest of the child;
                     (D) [(C)]  if the child is placed in institutional
  care, whether efforts have been made to ensure that the child is
  placed in the least restrictive environment consistent with the
  child's best interest and special needs;
                     (E) [(D)]  the appropriateness of the primary and
  alternative permanency goals for the child, whether the department
  has made reasonable efforts to finalize the permanency plan,
  including the concurrent permanency goals, in effect for the child,
  and whether:
                           (i)  the department has exercised due
  diligence in attempting to place the child for adoption if parental
  rights to the child have been terminated and the child is eligible
  for adoption; or
                           (ii)  another permanent placement,
  including appointing a relative as permanent managing conservator
  or returning the child to a parent, is appropriate for the child;
                     (F) [(E)]  for a child whose permanency goal is
  another planned permanent living arrangement:
                           (i)  the desired permanency outcome for the
  child, by asking the child;
                           (ii)  whether, as of the date of the hearing,
  another planned permanent living arrangement is the best permanency
  plan for the child and, if so, provide compelling reasons why it
  continues to not be in the best interest of the child to:
                                 (a)  return home;
                                 (b)  be placed for adoption;
                                 (c)  be placed with a legal guardian;
  or
                                 (d)  be placed with a fit and willing
  relative;
                           (iii)  whether the department has conducted
  an independent living skills assessment under Section
  264.121(a-3);
                           (iv)  whether the department has addressed
  the goals identified in the child's permanency plan, including the
  child's housing plan, and the results of the independent living
  skills assessment;
                           (v)  if the youth is 16 years of age or
  older, whether there is evidence that the department has provided
  the youth with the documents and information listed in Section
  264.121(e); and
                           (vi)  if the youth is 18 years of age or
  older or has had the disabilities of minority removed, whether
  there is evidence that the department has provided the youth with
  the documents and information listed in Section 264.121(e-1);
                     (G) [(F)]  if the child is 14 years of age or
  older, whether services that are needed to assist the child in
  transitioning from substitute care to independent living are
  available in the child's community;
                     (H) [(G)]  whether the child is receiving
  appropriate medical care and has been provided the opportunity, in
  a developmentally appropriate manner, to express the child's
  opinion on any medical care provided;
                     (I) [(H)]  for a child receiving psychotropic
  medication, whether the child:
                           (i)  has been provided appropriate
  nonpharmacological interventions, therapies, or strategies to meet
  the child's needs; or
                           (ii)  has been seen by the prescribing
  physician, physician assistant, or advanced practice nurse at least
  once every 90 days;
                     (J) [(I)]  whether an education decision-maker
  for the child has been identified, the child's education needs and
  goals have been identified and addressed, and there are major
  changes in the child's school performance or there have been
  serious disciplinary events;
                     (K) [(J)]  for a child for whom the department has
  been named managing conservator in a final order that does not
  include termination of parental rights, whether to order the
  department to provide services to a parent for not more than six
  months after the date of the permanency hearing if:
                           (i)  the child has not been placed with a
  relative or other individual, including a foster parent, who is
  seeking permanent managing conservatorship of the child; and
                           (ii)  the court determines that further
  efforts at reunification with a parent are:
                                 (a)  in the best interest of the child;
  and
                                 (b)  likely to result in the child's
  safe return to the child's parent; and
                     (L) [(K)]  whether the department has identified
  a family or other caring adult who has made a permanent commitment
  to the child.
         SECTION 12.  Section 264.751(1), Family Code, is amended to
  read as follows:
               (1)  "Designated caregiver" means an individual who has
  a longstanding and significant relationship with a child or the
  family of a child for whom the department has been appointed
  managing conservator and who:
                     (A)  is appointed to provide substitute care for
  the child, but is not verified by a licensed child-placing agency to
  operate an agency foster home under Chapter 42, Human Resources
  Code; or
                     (B)  is subsequently appointed permanent managing
  conservator of the child after providing the care described by
  Paragraph (A).
         SECTION 13.  Section 42.041(b), Human Resources Code, as
  amended by Chapters 244 (H.B. 871) and 317 (H.B. 7), Acts of the
  85th Legislature, Regular Session, 2017, is reenacted and amended
  to read as follows:
         (b)  This section does not apply to:
               (1)  a state-operated facility;
               (2)  an agency foster 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 shelter or care to a
  minor and the minor's child or 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);
               (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, 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, or the
  family of the child or sibling group, before the child or sibling
  group was placed with the caretaker;
               (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;
               (23)  a facility operated by a nonprofit organization
  that:
                     (A)  does not otherwise operate as a child-care
  facility that is required to be licensed under this section;
                     (B)  provides emergency shelter and care for not
  more than 15 days to children 13 years of age or older but younger
  than 18 years of age who are victims of human trafficking alleged
  under Section 20A.02, Penal Code;
                     (C)  is located in a municipality with a
  population of at least 600,000 that is in a county on an
  international border; and
                     (D)  meets one of the following criteria:
                           (i)  is licensed by, or operates under an
  agreement with, a state or federal agency to provide shelter and
  care to children; or
                           (ii)  meets the eligibility requirements for
  a contract under Section 51.005(b)(3); [or]
               (24)  a facility that provides respite care exclusively
  for a local mental health authority under a contract with the local
  mental health authority; or
               (25) [(24)]  a living arrangement in a caretaker's home
  involving one or more children or a sibling group in which the
  caretaker:
                     (A)  has a written authorization agreement under
  Chapter 34, Family Code, with the parent of each child or sibling
  group to care for each child or sibling group;
                     (B)  does not care for more than six children,
  excluding children who are related to the caretaker; and
                     (C)  does not receive compensation for caring for
  any child or sibling group.
         SECTION 14.  As soon as practicable after the effective date
  of this Act, the commissioner of the Department of Family and
  Protective Services shall adopt rules necessary to implement the
  changes in law made by this Act.
         SECTION 15.  To the extent of any conflict, this Act prevails
  over another Act of the 86th Legislature, Regular Session, 2019,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 16.  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, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3390 was passed by the House on May
  10, 2019, by the following vote:  Yeas 132, Nays 1, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3390 on May 24, 2019, by the following vote:  Yeas 142, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3390 was passed by the Senate, with
  amendments, on May 22, 2019, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor