S.B. No. 225

	AN ACT
	relating to the regulation of certain child-care facilities and
	family homes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act may be cited as Ellie's Law.
	SECTION 2.  Section 42.025, Human Resources Code, is amended
	to read as follows:
	Sec. 42.025.  SEARCHABLE DATABASE. (a)  The commission
	[department] shall permanently maintain on the commission's
	[department's] Internet website a searchable database that lists
	[includes the name, the address, and any identification number, as
	applicable, of] each group day-care home and family home licensed,
	registered, or listed under this chapter:
	(1)  that previously had a license, registration, or
	listing under this chapter involuntarily suspended or revoked; or
	(2)  for which the commission refused to renew a
	license, registration, or listing [under this chapter with a
	permanent notation indicating the involuntary suspension or
	revocation and the year in which the suspension or revocation took
	effect or was final under this chapter].
	(b)  The database maintained under Subsection (a) must
	include for each group day-care home and licensed or registered
	family home:
	(1)  the name of the facility;
	(2)  the address of the facility, including the county
	in which the facility is located;
	(3)  any identification number associated with the
	facility;
	(4)  the name of the sole proprietor or each partner who
	owns the child-care operation or, if the owner is a business entity,
	the name of each officer responsible for the management of the
	child-care operation as determined by the commissioner; and
	(5)  the year in which:
	(A)  the involuntary suspension or revocation of
	the facility's license, registration, or listing took effect or was
	final under this chapter; or
	(B)  the commission refused to renew the
	facility's license, registration, or listing.
	(c)  The commission shall include the name of each individual
	described by Subsection (b)(4) who is associated with the license,
	registration, or listing in any database entry made under this
	section.
	(d)  The executive commissioner may adopt rules as necessary
	to implement this section.
	SECTION 3.  Subchapter C, Chapter 42, Human Resources Code,
	is amended by adding Section 42.04291 to read as follows:
	Sec. 42.04291.  SUPERVISION STANDARDS FOR INFANT DURING TIME
	SPENT ON STOMACH. The executive commissioner by rule shall
	establish standards for the visual and auditory supervision of an
	infant engaged in time on the infant's stomach while awake.  Each
	group day-care home and listed and registered family home shall
	comply with the supervision standards.
	SECTION 4.  Section 42.046, Human Resources Code, is amended
	by amending Subsection (a) and adding Subsection (a-1) to read as
	follows:
	(a)  An applicant for a license to operate a child-care
	facility, child-placing agency, or continuum-of-care residential
	operation or for a listing or registration to operate a family home
	shall submit to the commission [department] the appropriate fee
	prescribed by Section 42.054 and a completed application on a form
	provided by the commission [department].
	(a-1)  The commission shall require the applicant for a
	license, registration, or listing for a group day-care home or a
	family home to provide the applicant's name and the name of the sole
	proprietor or each partner who owns the child-care operation or, if
	the owner is a business entity, the name of each officer responsible
	for the management of the child-care operation as determined by the
	commissioner on the application form.
	SECTION 5.  Section 42.048, Human Resources Code, is amended
	by adding Subsection (a-1) and amending Subsections (e) and (e-3)
	to read as follows:
	(a-1)  The commission shall associate a license issued under
	this chapter for a group day-care home with the applicant's name as
	stated in the applicant's license application.
	(e)  A license issued under this chapter is not transferable
	and applies only to the operator [and facility location] stated in
	the license application. A [Except as provided by Subsections
	(e-1), (e-2), and (e-3), a] change in [location or] ownership
	automatically revokes a license.
	(e-3)  [A change in location of a school-age program operated
	exclusively during the summer period or any other time when school
	is not in session does not automatically revoke the license to
	operate the school-age program.] A licensed child-care facility
	[school-age program] that changes location:
	(1)  must inform the commission regarding the new
	location before changing location; and
	(2)  may not operate at the new location unless the
	commission approves the new location after the licensed child-care
	facility [school-age program] meets all requirements related to the
	new location.
	SECTION 6.  Section 42.050(c), Human Resources Code, is
	amended to read as follows:
	(c)  The commission shall evaluate the application for
	renewal of a license to determine if all licensing requirements are
	met and whether the facility has been cited for repeated violations
	or has established a pattern of violations during the preceding
	five [two] years. The evaluation may include a specified number of
	visits to the facility and must include a review of all required
	forms and records.  If the commission determines the facility has
	repeated violations or an established pattern of violations, before
	the commission renews the license the commission may place
	restrictions, conditions, or additional requirements on the
	license to ensure the violations cease.
	SECTION 7.  Section 42.052, Human Resources Code, is amended
	by amending Subsection (f-2) and adding Subsection (l) to read as
	follows:
	(f-2)  The commission shall evaluate an application for
	renewal of a facility certification or family home registration to
	determine if all requirements are met and whether the applicant has
	been cited for repeated violations or has established a pattern of
	violations during the preceding five [two] years. The evaluation
	may include a specified number of visits to the facility or family
	home subject to this section and must include a review of all
	required forms and records. If the commission determines the
	facility or family home has repeated violations or an established
	pattern of violations, before the commission renews the
	certification or registration the commission may place
	restrictions, conditions, or additional requirements on the
	certification or registration to ensure the violations cease.
	(l)  The commission shall associate a listing or
	registration of a family home issued under this chapter with the
	applicant's name as stated in the applicant's listing or
	registration application.
	SECTION 8.  Subchapter C, Chapter 42, Human Resources Code,
	is amended by adding Section 42.0562 to read as follows:
	Sec. 42.0562.  INFORMATION REGARDING CERTAIN GROUP DAY-CARE
	HOME AND FAMILY HOME EMPLOYEES. (a)  The commission shall collect
	information regarding group day-care home and family home employees
	who have had a license, registration, or other occupational
	authorization revoked by a licensing authority.
	(b)  The commission shall collaborate with licensing
	authorities to determine the most efficient method for identifying
	group day-care home or family home employees who have had a license
	revoked by the licensing authority.
	(c)  In this section:
	(1)  "License" means a license, registration,
	certificate, permit, or other authorization issued by a licensing
	authority that a person must obtain to practice or engage in a
	particular business, occupation, or profession.
	(2)  "Licensing authority" means a department,
	commission, board, office, or other agency of the state that issues
	a license.
	SECTION 9.  Sections 42.048(e-1) and (e-2), Human Resources
	Code, are repealed.
	SECTION 10.  The executive commissioner of the Health and
	Human Services Commission is required to implement this Act only if
	the legislature appropriates money specifically for that purpose.
	If the legislature does not appropriate money specifically for that
	purpose, the executive commissioner may, but is not required to,
	implement this Act using other appropriations available for the
	purpose.
	SECTION 11.  This Act takes effect September 1, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 225 passed the Senate on
	May 3, 2021, by the following vote: Yeas 30, Nays 0; and that the
	Senate concurred in House amendment on May 29, 2021, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 225 passed the House, with
	amendment, on May 26, 2021, by the following vote: Yeas 141,
	Nays 1, three present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor