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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a crisis nursery facility pilot |
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program by the Health and Human Services Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.0464 to read as follows: |
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Sec. 42.0464. CRISIS NURSERY FACILITY PILOT PROGRAM. (a) |
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In this section: |
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(1) "Crisis nursery facility" means a child-care |
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facility that provides care and supervision for children who are |
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voluntarily placed for temporary care for all or part of the 24-hour |
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day by a parent or legal guardian to prevent or help resolve a |
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family crisis or stressful situation or address a problem whose |
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solution is critical to the family's healthy functioning. |
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(2) "Program" means the crisis nursery facility pilot |
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program established under this chapter. |
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(b) The commission shall establish and administer the |
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crisis nursery facility pilot program in Bexar County to address |
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the need for temporary care for children and improve outcomes for |
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families experiencing a crisis or a stressful situation, including |
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escaping domestic violence. |
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(c) Under the program, the commission shall: |
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(1) establish child-care licensing regulations and |
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requirements for crisis nursery facilities; and |
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(2) provide grants to eligible municipalities or |
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nonprofit organizations located in or otherwise serving Bexar |
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County to establish crisis nursery facilities. |
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(d) The commission shall establish application criteria and |
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requirements for the acceptable use of money under the program. The |
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application criteria must require applicants to: |
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(1) demonstrate substantial need for emergency child |
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care or a high rate of child removal by the department in the |
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municipality or local area served by the applicant; |
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(2) demonstrate capacity to meet child-care licensing |
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regulations and requirements established by the commission; |
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(3) provide a detailed plan for the establishment of a |
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crisis nursery facility under the program that includes: |
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(A) details regarding the proposed use of money |
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received under the program; |
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(B) information regarding any matching funds or |
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funds available to the applicant from gifts, grants, and donations |
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other than grants under the program; |
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(C) the age groups of children the applicant |
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proposes to serve; and |
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(D) the proposed location of the facility; and |
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(4) provide a plan for connecting families who use the |
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facility with additional services designed to prevent future family |
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crises. |
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(e) The executive commissioner shall adopt rules regarding |
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the regulation of crisis nursery facilities. The rules must: |
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(1) specify: |
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(A) the child-care licensing regulations that |
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apply to a facility; |
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(B) requirements for ensuring the safety and |
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well-being of children in the care of the facility, including |
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requirements regarding: |
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(i) food preparation; |
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(ii) sleeping arrangements; |
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(iii) safe drop-off and pick-up procedures; |
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and |
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(iv) staff-to-child ratios; |
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(C) requirements for background checks for |
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facility employees and conduct that prevents an individual from |
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being eligible to be employed by a facility; |
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(D) the capacity of a facility based on the size |
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of the facility and the children's needs; and |
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(E) the information that must be collected by the |
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facility and submitted to the commission at the request of the |
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commission, including deidentified information regarding: |
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(i) the number of children served by the |
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facility; |
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(ii) the average age of children served by |
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the facility; |
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(iii) the average length of stay for |
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children served by the facility; |
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(iv) any services with which the facility |
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connects families served by the facility; |
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(v) the reasons given for the use of the |
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facility; and |
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(vi) any other information the executive |
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commissioner considers necessary to evaluate the program; |
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(2) require that a child may not spend more than 72 |
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consecutive hours at a crisis nursery facility; |
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(3) allow complaints against a facility to be filed |
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with the commission; and |
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(4) require the commission to regularly inspect a |
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facility, including each time a complaint is filed against the |
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facility. |
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(f) Not later than October 1, 2028, the commission shall |
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prepare and submit to the governor, lieutenant governor, speaker of |
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the house of representatives, and standing committee of each house |
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of the legislature with primary jurisdiction over the commission a |
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report on: |
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(1) an evaluation of the program's effectiveness; and |
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(2) recommendations for legislative or other action, |
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including a recommendation on whether to continue, expand, or |
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terminate the program. |
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(g) The executive commissioner may adopt rules necessary to |
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implement this section. |
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(h) This section expires September 1, 2029. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Health and Human Services Commission shall |
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establish the pilot program required under Section 42.0464, Human |
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Resources Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |