CHAPTER 42. REGULATION OF CERTAIN FACILITIES, HOMES, AND AGENCIES THAT PROVIDE CHILD-CARE SERVICES
HUMAN RESOURCES CODE
TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF
PROTECTIVE AND REGULATORY SERVICES
SUBTITLE D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD
WELFARE AND PROTECTIVE SERVICES
CHAPTER 42. REGULATION OF CERTAIN FACILITIES, HOMES, AND AGENCIES
THAT PROVIDE CHILD-CARE SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 42.001. PURPOSE. The purpose of this chapter is to protect
the health, safety, and well-being of the children of the state
who reside in child-care facilities by establishing statewide
minimum standards for their safety and protection and by
regulating the facilities through a licensing program. It is the
policy of the state to ensure the protection of all children
under care in child-care facilities and to encourage and assist
in the improvement of child-care programs. It is also the intent
of the legislature that freedom of religion of all citizens is
inviolate. With respect to a school or child-care facility
sponsored by a religious organization, nothing in this chapter
gives a governmental agency authority to regulate, control,
supervise, or in any way be involved in the:
(1) form, manner, or content of religious instruction, ministry,
teaching, or the curriculum offered by the school or facility;
(2) ability of the school or facility to select and supervise
qualified personnel, and otherwise control the terms of
employment, including the right to employ individuals who share
the religious views of the school or facility;
(3) internal self-governance and autonomy of the school or
facility; or
(4) religious environment of the school or facility, such as
symbols, art, icons, and scripture.
Acts 1979, 66th Leg., p. 2358, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1997, 75th Leg., ch. 664, Sec. 2,
eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1063, Sec. 2, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 218, Sec. 1, eff. Sept.
1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1406, Sec. 27, eff. September 1, 2007.
Sec. 42.002. DEFINITIONS. In this chapter:
(1) "Child" means a person under 18 years of age.
(2) "Division" means the division designated by the department
to carry out the provisions of this chapter.
(3) "Child-care facility" means a facility licensed, certified,
or registered by the department to provide assessment, care,
training, education, custody, treatment, or supervision for a
child who is not related by blood, marriage, or adoption to the
owner or operator of the facility, for all or part of the 24-hour
day, whether or not the facility is operated for profit or
charges for the services it offers.
(4) "General residential operation" means a child-care facility
that provides care for more than 12 children for 24 hours a day,
including facilities known as children's homes, halfway houses,
residential treatment centers, emergency shelters, and
therapeutic camps.
(5) "Foster group home" means a child-care facility that
provides care for 7 to 12 children for 24 hours a day.
(6) "Foster home" means a child-care facility that provides care
for not more than six children for 24 hours a day.
(7) "Day-care center" means a child-care facility that provides
care at a location other than the residence of the director,
owner, or operator of the child-care facility for seven or more
children under 14 years of age for less than 24 hours a day, but
at least two hours a day, three or more days a week.
(8) "Group day-care home" means a child-care facility that
provides care at the residence of the director, owner, or
operator of the child-care facility for seven or more children
under 14 years of age for less than 24 hours a day, but at least
two hours a day, three or more days a week.
(9) "Family home" means a home that provides regular care in the
caretaker's own residence for not more than six children under 14
years of age, excluding children who are related to the
caretaker, and that provides care after school hours for not more
than six additional elementary school children, but the total
number of children, including children who are related to the
caretaker, does not exceed 12 at any given time. The term does
not include a home that provides care exclusively for any number
of children who are related to the caretaker.
(10) "Agency foster group home" means a facility that provides
care for seven to 12 children for 24 hours a day, is used only by
a licensed child-placing agency, and meets department standards.
(11) "Agency foster home" means a facility that provides care
for not more than six children for 24 hours a day, is used only
by a licensed child-placing agency, and meets department
standards.
(12) "Child-placing agency" means a person, including an
organization, other than the natural parents or guardian of a
child who plans for the placement of or places a child in a
child-care facility, agency foster home, agency foster group
home, or adoptive home.
(13) "Facilities" includes child-care facilities and
child-placing agencies.
(14) "State of Texas" or "state" does not include political
subdivisions of the state.
(15) "Religious organization" means a church, synagogue, or
other religious institution whose purpose is to support and serve
the propagation of truly held religious beliefs.
(16) "Children who are related to the caretaker" means children
who are the children, grandchildren, siblings,
great-grandchildren, first cousins, nieces, or nephews of the
caretaker, whether by affinity or consanguinity or as the result
of a relationship created by court decree.
(17) "Regular care" means care that is provided at least:
(A) four hours a day, three or more days a week, for three or
more consecutive weeks; or
(B) four hours a day for 40 or more days in a period of 12
months.
(18) "Controlling person" means a person who, either alone or in
connection with others, has the ability to directly or indirectly
influence or direct the management, expenditures, or policies of
a residential child-care facility.
(19) "Residential child-care facility" means a facility licensed
or certified by the department that operates for all of the
24-hour day. The term includes general residential operations,
child-placing agencies, foster group homes, foster homes, agency
foster group homes, and agency foster homes.
Text of subdivision as added by Acts 2009, 81st Leg., R.S., Ch.
46, Sec. 1
(20) "Children's product" means a product that is designed or
intended to be used by a child under 13 years of age or used by a
caregiver during the care of a child under 13 years of age. The
term does not include:
(A) an item that is not designed or intended to be used solely
or primarily by a child under 13 years of age or in the care of a
child under 13 years of age;
(B) a medication, a drug, food, or another item that is intended
to be ingested; or
(C) clothing.
Text of subdivision as added by Acts 2009, 81st Leg., R.S., Ch.
720, Sec. 2
(20) "Before-school or after-school program" means a child-care
facility that provides care before or after, or before and after,
the customary school day and during school holidays, for at least
two hours a day, three days a week, to children who attend
prekindergarten through grade six.
(21) "School-age program" means a child-care facility that
provides supervision, along with recreation or skills instruction
or training, and may provide transportation, before or after the
customary school day, for at least two hours a day, three days a
week, to children attending prekindergarten through grade six. A
school-age program may also operate during school holidays, the
summer period, or any other time when school is not in session.
Acts 1979, 66th Leg., p. 2359, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2812, ch. 759,
Sec. 1, eff. Aug. 31, 1981; Acts 1987, 70th Leg., ch. 1052, Sec.
4.01, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 984, Sec. 1,
eff. June 15, 1989; Acts 1997, 75th Leg., ch. 1022, Sec. 23, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1063, Sec. 3, eff. Sept.
1, 1997; Acts 1997, 75th Leg., ch. 1217, Sec. 1, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 218, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.90, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
46, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
720, Sec. 2, eff. September 1, 2009.
Sec. 42.003. REFERENCE TO CHILD-CARE INSTITUTION. A reference
in law to a "child-care institution" means a general residential
operation.
Added by Acts 2009, 81st Leg., R.S., Ch.
720, Sec. 3, eff. September 1, 2009.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 42.021. DIVISION DESIGNATED. (a) The department may
designate a division within the department to carry out
responsibilities the department may delegate or assign under this
chapter. The department shall ensure the independence of the
division from the child protective services division.
(b) The commissioner shall appoint as director of a division
designated under Subsection (a) a person who meets the
qualifications set by the executive commissioner. The
commissioner shall ensure the director's independence from the
child protective services division and may not terminate the
director without the approval of the executive commissioner.
(c) The department shall employ sufficient personnel and provide
training for the personnel to carry out the provisions of this
chapter.
(d) The commissioner may divide the state into regions for the
purpose of administering this chapter.
Acts 1979, 66th Leg., p. 2360, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
8.020, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1063, Sec.
4, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.91, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1406, Sec. 28, eff. September 1, 2007.
Sec. 42.0211. SAFETY SPECIALISTS, RISK ANALYSTS, AND PERFORMANCE
MANAGEMENT. (a) The division shall employ at least one
specially trained investigation safety specialist, whose duties
include the duty to:
(1) review and evaluate the intake of reports that include
allegations associated with a higher risk of harm to the child;
and
(2) consult with the assigned investigator to provide
specialized guidance and resources to assist the investigation.
(b) The division shall employ at least one risk analyst, whose
duties include the duty to:
(1) identify facilities, including child-placing agencies, whose
compliance histories indicate the potential for a higher risk of
harm to children in the care of the facility;
(2) review the monitoring and inspection reports for any
facilities described by Subdivision (1) to assess the quality of
the investigation or monitoring; and
(3) identify any additional monitoring or enforcement action
that may be appropriate to ensure the safety of a child in the
care of the facility.
(c) The division must include a performance management unit with
duties that include:
(1) conducting quality assurance reviews of randomly selected
monitoring and investigative reports to ensure compliance with
all relevant laws, rules, and agency policies; and
(2) making recommendations to improve the quality and
consistency of monitoring and investigations.
Added by Acts 2007, 80th Leg., R.S., Ch.
1406, Sec. 29(a), eff. September 1, 2007.
Sec. 42.0221. COMMITTEE ON LICENSING STANDARDS. (a) The
committee on licensing standards is composed of seven members
appointed by the governor as follows:
(1) one member who operates a residential child-care facility
licensed by the department;
(2) one member who operates a child-placing agency licensed by
the department;
(3) one member who operates a licensed child-care facility that
provides care for children for less than 24 hours a day;
(4) one member who is a parent, guardian, or custodian of a
child who uses a facility licensed by the department;
(5) one member who is an expert in the field of child care and
child development; and
(6) two members employed by the department who work with
facilities licensed by the department.
(b) Members of the committee serve two-year terms, with the
terms of three or four members, as appropriate, expiring February
1 of each year.
(c) The governor shall designate a member of the committee to
serve as the presiding officer.
(d) The committee shall meet twice a year at the call of the
presiding officer.
(e) The committee shall review and analyze the information
provided by the department and committee members and shall make
recommendations for policy and statutory changes relating to
licensing standards and facility inspections. The review and
analysis by the committee shall include the analysis of:
(1) the deaths of children who are in substitute care, including
reports and findings of child fatality review teams under
Subchapter F, Chapter 264, Family Code;
(2) the types of licensing violations for each weighted risk and
region;
(3) the details of administrative reviews and appeals; and
(4) the type of technical assistance provided and the
qualifications of those providing technical assistance.
(f) The committee shall report its findings and recommendations
to the department and the legislature not later than December 1
of each year.
Added by Acts 2007, 80th Leg., R.S., Ch.
1406, Sec. 30, eff. September 1, 2007.
Sec. 42.023. ANNUAL REPORT. (a) The department shall prepare
an annual written report regarding the department's activities
under this chapter.
(b) The annual report shall include:
(1) a report by regions of applications for licensure or
certification, of initial licenses issued, denied, or revoked, of
licenses issued, denied, suspended or revoked, of emergency
closures and injunctions, and of the compliance of state-operated
agencies, if such agencies exist, with certification
requirements;
(2) a summary of the training programs required by the
department and their effectiveness;
(3) a summary of training and other professional development
opportunities offered to facilities' staffs;
(4) a report of new administrative procedures, of the number of
staff and staff changes, and of plans for the coming year; and
(5) a report of trends in licensing violations on a statewide
and regional basis and the department's plans to address those
trends through the provision of technical assistance.
(c) Copies of the annual report shall be available to any state
citizen on request.
Acts 1979, 66th Leg., p. 2360, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 18, Sec. 2,
eff. April 3, 1985; Acts 1995, 74th Leg., ch. 76, Sec. 8.022,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1063, Sec. 6, eff.
Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.92, eff. September 1, 2005.
Sec. 42.024. ADMINISTRATIVE PROCEDURE. Chapter 2001, Government
Code applies to all procedures under this chapter except where it
is contrary to or inconsistent with the provisions of this
chapter.
Acts 1979, 66th Leg., p. 2361, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
5.95(49), eff. Sept. 1, 1995.
SUBCHAPTER C. REGULATION OF CERTAIN FACILITIES, HOMES, AND
AGENCIES
Sec. 42.041. REQUIRED LICENSE. (a) No person may operate a
child-care facility or child-placing agency without a license
issued by the department.
(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, 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 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, a juvenile correctional facility certified
under Section 51.125, Family Code, 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;
(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 before the child or
sibling group was placed with the caretaker; or
(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.
(b-1) Repealed by Acts 2009, 81st Leg., R.S., Ch. 720, Sec.
19(1), eff. September 1, 2009.
(c) A single license that lists addresses and the appropriate
facilities may be issued to a general residential operation that
operates noncontiguous facilities that are across the street
from, in the same city block as, or on the same property as one
another and that are demonstrably a single operation as indicated
by patterns of staffing, finance, administrative supervision, and
programs.
(d) A facility exempt from the provisions of Subsection (a) of
this section that desires to receive or participate in federal or
state funding shall be required to comply with all other
provisions of this chapter and with all regulations promulgated
under this chapter.
(e) The exemptions provided by Subsection (b) of this section do
not affect the authority of local, regional, or state health
department officials, the state fire marshal, or local fire
prevention officials to inspect child-care facilities.
Acts 1979, 66th Leg., p. 2361, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2812, ch. 759,
Sec. 2, 3, eff. Aug. 31, 1981; Acts 1987, 70th Leg., ch. 1052,
Sec. 4.03, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1115,
Sec. 2, eff. June 19, 1987; Acts 1995, 74th Leg., ch. 262, Sec.
54, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 847, Sec. 1,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 7.46,
eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 664, Sec. 3, 4,
eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1217, Sec. 2, eff. Sept.
1, 1997; Acts 2001, 77th Leg., ch. 218, Sec. 3, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.93(a), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 25, eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1037, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1414, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
720, Sec. 4, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
720, Sec. 5, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
720, Sec. 19(1), eff. September 1, 2009.
Sec. 42.042. RULES AND STANDARDS. (a) The department shall
make rules to carry out the provisions of this chapter.
(b) The department shall conduct a comprehensive review of all
rules and standards at least every six years. For purposes of
this subsection, the six-year period begins on the latest of the
date of:
(1) the conclusion of the review of the rules and standards;
(2) a decision by the department not to revise the rules and
standards;
(3) a decision by the board not to revise the rules and
standards; or
(4) board action adopting new standards.
(c) The department shall provide a standard procedure for
receiving and recording complaints. The executive commissioner
shall adopt rules regarding the receipt of anonymous complaints
made regarding child-care facilities and family homes to limit
the number of anonymous complaints investigated by the
department.
(d) The department shall provide standard forms for applications
and inspection reports.
(e) The department shall promulgate minimum standards that apply
to licensed child-care facilities and to registered family homes
covered by this chapter and that will:
(1) promote the health, safety, and welfare of children
attending a facility or registered family home;
(2) promote safe, comfortable, and healthy physical facilities
and registered family homes for children;
(3) ensure adequate supervision of children by capable,
qualified, and healthy personnel;
(4) ensure adequate and healthy food service where food service
is offered;
(5) prohibit racial discrimination by child-care facilities and
registered family homes;
(6) require procedures for parental and guardian consultation in
the formulation of children's educational and therapeutic
programs; and
(7) prevent the breakdown of foster care and adoptive placement.
(e-1) The department may not prohibit possession of lawfully
permitted firearms and ammunition in a foster home of any type,
including a foster group home, a foster home, an agency foster
group home, and an agency foster home. Minimum standards may be
adopted under this section relating to safety and proper storage
of firearms and ammunition, including standards requiring
firearms and ammunition to be stored separately in locked
locations.
(f) In promulgating minimum standards for the provision of
child-care services, the department shall recognize the various
categories of services, including services for specialized care,
the various categories of children and their particular needs,
and the differences in the organization and operation of
child-care facilities and general residential operations.
Standards for general residential operations must require an
intake study before a child is placed in an operation. The
intake study may be conducted at a community mental health and
mental retardation center.
(g) In promulgating minimum standards the department may
recognize and treat differently the types of services provided by
the following:
(1) registered family homes;
(2) child-care facilities, including general residential
operations, foster group homes, foster homes, group day-care
homes, and day-care centers;
(3) child-placing agencies;
(4) agency foster homes;
(5) agency foster group homes;
(6) before-school or after-school programs; and
(7) school-age programs.
(g-1) In determining and enforcing minimum standards for a
school-age program, the department shall consider commonly
accepted training methods for the development of a skill, talent,
ability, expertise, or proficiency that are implemented with the
consent of the parent or guardian of the participant and that are
fundamental to the core purpose of the program.
(g-2) The executive commissioner shall adopt specific rules and
minimum standards, including standards relating to background
check information, for a child-care facility that is located in a
temporary shelter, including a family violence shelter or
homeless shelter, in which an adult, accompanied by a child
related to the adult or a child for whom the adult is the
managing conservator, may temporarily reside and that provides
care for less than 24 hours a day for a child accompanying an
adult temporarily residing in the shelter while the adult is not
present at the shelter. In adopting the rules and minimum
standards under this subsection, the executive commissioner
shall:
(1) consider the special circumstances and needs of families
that seek temporary shelter;
(2) consider the role of the shelter in assisting and supporting
families in crisis; and
(3) distinguish between a child-care facility that provides care
only for children temporarily residing in the shelter and a
child-care facility that also provides care for children who are
not temporarily residing in the shelter.
(h) The department shall promulgate minimum standards for
child-placing agencies.
(h-1) The executive commissioner shall adopt rules governing:
(1) the placement and care of children by a child-placing
agency, as necessary to ensure the health and safety of those
children;
(2) the verification and monitoring of agency foster homes,
agency foster group homes, and adoptive homes by a child-placing
agency; and
(3) if appropriate, child-placing agency staffing levels, office
locations, and administration.
(i) Before adopting minimum standards, the department shall:
(1) convene a temporary work group to advise the department
regarding the proposed standards, composed of at least six
members who represent the diverse geographic regions of this
state, including:
(A) a department official designated by the commissioner to
facilitate the work group's activities;
(B) a person with demonstrated expertise or knowledge regarding
the different types and classifications of child-care facilities,
homes, agencies, or programs that will be covered by the proposed
standards;
(C) a parent with experience related to one of the different
types or classifications of child-care facilities, homes,
agencies, or programs that will be covered by the proposed
standards; and
(D) a representative of a nonprofit entity licensed under this
chapter; and
(2) send a copy of the proposed standards to each licensee
covered by the proposed standards at least 60 days before the
standards take effect to provide the licensee an opportunity to
review and to send written suggestions to the department.
(j) The department may waive compliance with a minimum standard
in a specific instance if it determines that the economic impact
of compliance is sufficiently great to make compliance
impractical.
(k) The department may not regulate or attempt to regulate or
control the content or method of any instruction or curriculum of
a school sponsored by a religious organization.
(l) In promulgating minimum standards for the regulation of
family homes that register with the department, the department
must address the minimum qualifications, education, and training
required of a person who operates a family home registered with
the department.
(m) In determining minimum standards relating to staff-to-child
ratios, group sizes, or square footage requirements applicable to
nonresidential child-care facilities that provide care for less
than 24 hours a day, the department shall, within available
appropriations, conduct a comprehensive cost-benefit analysis and
economic impact study that includes families and licensed
child-care providers.
(n) Not later than the 60th day before the date the board adopts
a revision to the minimum standards for child-care facilities,
the department shall present the revision to the appropriate
legislative oversight committees that have jurisdiction over
child-care facilities for review and comment.
(p) The department by rule shall prescribe minimum training
standards for an employee of a regulated child-care facility,
including the time required for completing the training. The
department may not require an employee to repeat required
training if the employee has completed the training within the
time prescribed by department rule. The department's local
offices shall make available at the local office locations a copy
of the rules regarding minimum training standards, information
enabling the owner or operator of a regulated facility to apply
for training funds from other agencies to lower facility costs,
and any other materials the department may develop to assist the
owner or operator or other entity in providing the training.
(q) Each residential child-care facility shall notify the
department and the appropriate local law enforcement agency
immediately on determining that a child is missing from the
facility.
(r) A residential child-care facility that provides emergency
services may temporarily exceed the facility's capacity for not
more than 48 hours to provide temporary care for a child in an
emergency. The facility shall notify the department within 24
hours of the placement that the facility temporarily exceeded the
facility's capacity.
Acts 1979, 66th Leg., p. 2362, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1987, 70th Leg., ch. 1052, Sec.
4.04, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 920, Sec. 10,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1022, Sec. 24, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept.
1, 1997; Acts 1997, 75th Leg., ch. 1121, Sec. 1, eff. June 19,
1997; Acts 1997, 75th Leg., ch. 1217, Sec. 3, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 1129, Sec. 1, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 218, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.94(a), eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
526, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
366, Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1406, Sec. 31, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
720, Sec. 6, eff. September 1, 2009.
Sec. 42.0421. MINIMUM TRAINING STANDARDS. (a) The minimum
training standards prescribed by the department under Section
42.042(p) for an employee of a day-care center or group day-care
home must include:
(1) eight hours of initial training for an employee of a
day-care center who has no previous training or employment
experience in a regulated child-care facility, to be completed
before the employee is given responsibility for a group of
children;
(2) 15 hours of annual training for each employee of a day-care
center or group day-care home, excluding the director, which must
include at least six hours of training in one or more of the
following areas:
(A) child growth and development;
(B) guidance and discipline;
(C) age-appropriate curriculum; and
(D) teacher-child interaction; and
(3) 20 hours of annual training for each director of a day-care
center or group day-care home, which must include at least six
hours of training in one or more of the following areas:
(A) child growth and development;
(B) guidance and discipline;
(C) age-appropriate curriculum; and
(D) teacher-child interaction.
(b) The minimum training standards prescribed by the department
under Section 42.042(p) must require an employee of a licensed
day-care center or group day-care home who provides care for
children younger than 24 months of age to receive special
training regarding the care of those children. The special
training must be included as a component of the initial training
required by Subsection (a)(1) and as a one-hour component of the
annual training required by Subsections (a)(2) and (a)(3). The
special training must include information on:
(1) recognizing and preventing shaken baby syndrome;
(2) preventing sudden infant death syndrome; and
(3) understanding early childhood brain development.
(c) The department by rule shall require an operator of a
registered family home who provides care for a child younger than
24 months of age to complete one hour of annual training on:
(1) recognizing and preventing shaken baby syndrome;
(2) preventing sudden infant death syndrome; and
(3) understanding early childhood brain development.
(d) Section 42.042(m) does not apply to the minimum training
standards required by this section.
(e) In addition to other training required by this section, the
department by rule shall require an owner, operator, or employee
of a day-care center, group day-care home, registered family
home, child-care institution, foster group home, or agency foster
group home who transports a child under the care of the facility
whose chronological or developmental age is younger than nine
years of age to complete at least two hours of annual training on
transportation safety.
Added by Acts 1999, 76th Leg., ch. 1211, Sec. 1, eff. Jan. 1,
2000. Amended by Acts 2001, 77th Leg., ch. 169, Sec. 1, eff.
Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
748, Sec. 2, eff. September 1, 2009.
Sec. 42.0422. RESTRAINT AND SECLUSION. A person providing
services to a resident of a general residential operation,
including a state-operated facility that is a residential
treatment center or a general residential operation serving
children with mental retardation, shall comply with Chapter 322,
Health and Safety Code, and the rules adopted under that chapter.
Added by Acts 2005, 79th Leg., Ch.
698, Sec. 7, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
720, Sec. 7, eff. September 1, 2009.
Sec. 42.0423. CHILDREN'S PRODUCT SAFETY FOR CERTAIN
NONRESIDENTIAL CHILD-CARE FACILITIES. (a) This section applies
only to a licensed day-care center, licensed group day-care home,
or registered family home.
(b) A children's product is presumed to be unsafe for purposes
of this section if it has been recalled for any reason by the
United States Consumer Product Safety Commission and the recall
has not been rescinded.
(c) A children's product that has been recalled for any reason
by the United States Consumer Product Safety Commission is not
presumed to be unsafe if the product has been remanufactured or
retrofitted so that the product is safe.
(d) The department shall include on its public Internet website
a link to the United States Consumer Product Safety Commission's
Internet website.
(e) A child-care facility subject to this section may not use an
unsafe children's product or have an unsafe children's product on
the premises of the child-care facility unless:
(1) the product is an antique or collectible children's product
and is not used by, or accessible to, any child in the child-care
facility; or
(2) the unsafe children's product is being retrofitted to make
it safe and the product is not used by, or accessible to, any
child in the child-care facility.
(f) The department shall notify a child-care facility subject to
this section of the provisions of this section in plain,
nontechnical language that will enable the child-care facility to
effectively inspect the children's products at the facility and
identify unsafe children's products. The department shall
provide the notice required by this subsection:
(1) during the department's pre-application interview for a
license, registration, or certification; and
(2) during an inspection.
(g) At least annually, each child-care facility subject to this
section shall certify in writing that the facility has reviewed
each of the bulletins and notices issued by the United States
Consumer Product Safety Commission regarding unsafe children's
products and that there are no unsafe products in the facility
except products described by Subsection (e). The facility shall
retain the certification form completed by each facility in the
facility's licensing file.
(h) The executive commissioner of the Health and Human Services
Commission shall adopt rules and forms necessary to implement
this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
46, Sec. 2, eff. September 1, 2009.
Sec. 42.0425. ASSESSMENT SERVICES. (a) The department by rule
shall regulate assessment services provided by child-care
facilities or child-placing agencies. A child-care facility or
child-placing agency may not provide assessment services unless
specifically authorized by the department.
(b) The department by rule shall establish minimum standards for
assessment services. The standards must provide that
consideration is given to the individual needs of a child, the
appropriate place for provision of services, and the factors
listed in Section 42.042(e).
(c) In this section, "assessment services" means the
determination of the placement needs of a child who requires
substitute care.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 25, eff. Sept. 1,
1997.
Sec. 42.0426. TRAINING OF PERSONNEL. (a) A licensed facility
shall provide training for staff members in:
(1) the recognition of symptoms of child abuse, neglect, and
sexual molestation and the responsibility and procedure of
reporting suspected occurrences of child abuse, neglect, and
sexual molestation to the department or other appropriate entity;
(2) the application of first aid; and
(3) the prevention and spread of communicable diseases.
(b) A residential child-care facility shall implement a behavior
intervention program approved by the department for the benefit
of a child served by the facility who needs assistance in
managing the child's conduct. The program must include:
(1) behavior intervention instruction for staff members who work
directly with children served by the facility; and
(2) training for all employees regarding the risks associated
with the use of prone restraints.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 25, eff. Sept. 1,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.95, eff. September 1, 2005.
Sec. 42.0427. PARENTAL VISITATION. All areas of a licensed
facility must be accessible to a parent of a child who is
receiving care at the facility if the parent visits the child
during the facility's hours of operation.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 25, eff. Sept. 1,
1997.
Sec. 42.043. RULES FOR IMMUNIZATIONS. (a) The department shall
make rules for the immunization of children in facilities
regulated under this chapter.
(b) The department shall require that each child at an
appropriate age have a test for tuberculosis and be immunized
against diphtheria, tetanus, poliomyelitis, mumps, rubella,
rubeola, invasive pneumococcal disease, and hepatitis A and
against any other communicable disease as recommended by the
Department of State Health Services. The immunization must be
effective on the date of first entry into the facility. However,
a child may be provisionally admitted if the required
immunizations have begun and are completed as rapidly as
medically feasible.
(c) The Texas Department of Health shall make rules for the
provisional admission of children to facilities regulated under
this chapter and may modify or delete any of the immunizations
listed in Subsection (b) of this section or require additional
immunizations as a requirement for admission to a facility.
(d) No immunization may be required for admission to a facility
regulated under this chapter if a person applying for a child's
admission submits one of the following affidavits:
(1) an affidavit signed by a licensed physician stating that the
immunization poses a significant risk to the health and
well-being of the child or a member of the child's family or
household; or
(2) an affidavit signed by the child's parent or guardian
stating that the applicant declines immunization for reasons of
conscience, including a religious belief.
(d-1) An affidavit submitted under Section (d)(2) must be on a
form described by Section 161.0041, Health and Safety Code, and
must be submitted not later than the 90th day after the date the
affidavit is notarized.
(e) Each regulated facility shall keep an individual
immunization record for each child admitted, and the records
shall be open for inspection by the department at all reasonable
times.
(f) The Texas Department of Health shall provide the
immunizations required by this section to children in areas where
there is no local provision of these services.
Acts 1979, 66th Leg., p. 2362, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch. 43, Sec. 5,
eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 198, Sec. 2.164, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
563, Sec. 1, eff. September 1, 2005.
Sec. 42.0431. ENFORCEMENT OF SCREENING REQUIREMENTS RELATING TO
VISION, HEARING, AND OTHER SPECIAL SENSES AND COMMUNICATION
DISORDERS. (a) The department, after consultation with the
Texas Department of Health, shall adopt rules necessary to ensure
that children receiving care at a day-care center or group
day-care home licensed under this chapter are screened for
vision, hearing, and any other special senses or communication
disorders in compliance with rules adopted by the Texas Board of
Health under Section 36.004, Health and Safety Code.
(b) Each day-care center or group day-care home licensed under
this chapter shall maintain individual screening records for
children attending the facility who are required to be screened,
and the department may inspect those records at any reasonable
time. The department shall coordinate the monitoring inspections
in compliance with protocol agreements adopted between the
department and the Texas Department of Health pursuant to Section
42.0442.
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 720, Sec. 19(2),
eff. September 1, 2009.
Added by Acts 1999, 76th Leg., ch. 712, Sec. 1, eff. June 18,
1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
720, Sec. 19(2), eff. September 1, 2009.
Sec. 42.044. INSPECTIONS. (a) An authorized representative of
the department may visit a facility regulated under this chapter
or a registered family home during operating hours to
investigate, inspect, and evaluate.
(b) The department shall inspect all licensed or certified
facilities at least once a year and may inspect other facilities
or registered family homes as necessary. The department shall
investigate a listed family home when the department receives a
complaint of abuse or neglect of a child, as defined by Section
261.401, Family Code. At least one of the annual visits must be
unannounced and all may be unannounced.
(b-1) At least one of the unannounced, annual inspections of a
residential child-care facility must be conducted by a team of at
least two residential child-care monitoring staff, and, if
feasible, members of the inspection team must be from different
residential child-care monitoring units.
(b-2) Except as otherwise provided by this subsection, during an
unannounced annual inspection of a day-care center, the
department shall meet with the director designated by the
day-care center as having daily, on-site responsibility for the
operation of the day-care center to assess whether the director
meets the qualifications of a director specified by this chapter
and department rules. If the director is not present during the
unannounced annual inspection, the department shall schedule a
subsequent meeting with the director for that purpose and shall
conduct that meeting at the day-care center.
(c) The department must investigate a facility regulated under
this chapter or a registered family home when a complaint is
received. The representative of the department must notify the
operator of a registered family home or the director or
authorized representative of a regulated facility when a
complaint is being investigated and report in writing the results
of the investigation to the family home's operator or to the
regulated facility's director or the director's authorized
representative.
(d) The department may call on political subdivisions and
governmental agencies for assistance within their authorized
fields.
(e) In addition to the department's responsibility to
investigate an agency foster home or agency foster group home
under Subsection (c), the department shall:
(1) periodically conduct inspections of a random sample of
agency foster homes and agency foster group homes;
(2) investigate any report of a serious incident in an agency
foster home or agency foster group home that pertains to a child
under the age of six;
(3) investigate any alleged violation of a minimum standard by
an agency foster home or agency foster group home that poses a
high degree of risk to a child in the care of the home who is
under the age of six; and
(4) conduct at least one annual enforcement team conference for
each child-placing agency to thoroughly review the investigations
or inspections of the child-placing agency and all of its agency
homes to monitor and enforce compliance by a child-placing agency
with rules and standards established under Section 42.042.
(f) The department shall use an inspection checklist that
includes a list of all required items for inspection in
conducting a monitoring inspection under this section.
Acts 1979, 66th Leg., p. 2363, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1997, 75th Leg., ch. 1063, Sec. 7,
eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1022, Sec. 27, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1217, Sec. 4, eff. Sept.
1, 1997; Acts 2001, 77th Leg., ch. 218, Sec. 5, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.96, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1406, Sec. 32(a), eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
720, Sec. 8, eff. September 1, 2009.
Sec. 42.0441. INSPECTION RESULTS FOR CERTAIN NONRESIDENTIAL
CHILD-CARE FACILITIES. Immediately after completing a monitoring
inspection of a licensed day-care center, licensed group day-care
home, or registered family home under Section 42.044, the
authorized representative of the department shall review the
results of the monitoring inspection with a representative of the
facility and give the facility an opportunity to respond to the
inspection results.
Added by Acts 1997, 75th Leg., ch. 253, Sec. 1, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1022, Sec. 28, eff. Sept. 1,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.97, eff. September 1, 2005.
Sec. 42.04411. INSPECTION RESULTS AND EXIT CONFERENCE FOR
RESIDENTIAL CHILD-CARE FACILITIES. (a) On completion of an
inspection of a residential child-care facility under Section
42.044, the inspector shall hold an exit conference with a
representative of the inspected facility. The inspector shall
provide to the representative a copy of the inspection checklist
used by the inspector.
(b) The inspector shall provide the representative an
opportunity to communicate regarding potential violations.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 1.98, eff. September 1, 2005.
Sec. 42.04412. INTERFERENCE WITH INSPECTION; COURT ORDER. (a)
A person may not interfere with an investigation or inspection of
a facility or family home conducted by the department under this
chapter.
(b) During an investigation or inspection of a facility or
family home under this chapter, the facility or family home shall
cooperate with the department and allow the department to:
(1) access the records of the facility or family home;
(2) access any part of the premises of the facility or family
home; and
(3) interview any child, employee, or other person who is
present at the facility or family home and who may have
information relevant to the investigation or inspection.
(c) If access to the records or premises of the facility or
family home cannot be obtained, a district court in Travis County
or in the county in which the facility or family home is located,
for good cause shown and without prior notice or a hearing, shall
issue an order granting the department access to the records or
premises in order to conduct the inspection, investigation, or
interview.
(d) To assist the department in investigating whether a person
is operating a facility or family home without a required
license, certification, registration, or listing, a district
court in Travis County or in the county in which the suspected
facility or family home is located may, for good cause shown and
without prior notice or a hearing, issue an order allowing the
department to enter the suspected facility or family home at a
time when the department's evidence shows that the suspected
facility or family home may be providing child care subject to
regulation under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
720, Sec. 9, eff. September 1, 2009.
Sec. 42.0442. COORDINATION OF INSPECTIONS; ELIMINATION OF
DUPLICATIVE INSPECTIONS. (a) The department shall coordinate
monitoring inspections of licensed day-care centers, licensed
group day-care homes, and registered family homes performed by
another state agency to eliminate redundant inspections.
(b) The department shall form an interagency task force with the
Texas Department of Health, the Texas Department of Human
Services, and the Texas Workforce Commission to develop an
inspection protocol that will coordinate inspections by those
agencies. The protocol must assign the required items for
inspection by each agency and facilitate the sharing of
inspection data and compliance history.
(c) The interagency task force shall establish an inspection
checklist based on the inspection protocol developed under
Subsection (b). Each state agency that inspects a facility listed
in Subsection (a) shall use the inspection checklist in
performing an inspection. A state agency shall make a copy of the
completed inspection checklist available to the facility at the
facility's request to assist the facility in maintaining records.
(d) The department shall provide to facilities listed in
Subsection (a) information regarding inspections, including who
may inspect a facility and the purpose of each type of
inspection.
Added by Acts 1997, 75th Leg., ch. 253, Sec. 1, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1022, Sec. 28, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 169, Sec. 2, eff.
Sept. 1, 2001.
Text of section as added by Acts 1997, 75th Leg., ch. 253, Sec. 1
Sec. 42.0443. INSPECTION INFORMATION DATABASE. (a) If feasible
using available information systems, the department shall
establish a computerized database containing relevant inspection
information on licensed day-care centers, licensed group day-care
homes, and registered family homes from other state agencies and
political subdivisions of the state.
(b) The department shall make the data collected by the
department available to another state agency or political
subdivision of the state for the purpose of administering
programs or enforcing laws within the jurisdiction of that agency
or subdivision. If feasible using available information systems,
the department shall make the data directly available to the
Texas Department of Health, the Texas Department of Human
Services, and the Texas Workforce Commission through electronic
information systems. The department, the Texas Department of
Health, the Texas Department of Human Services, and the Texas
Workforce Commission shall jointly plan the development of
child-care inspection databases that, to the extent feasible, are
similar in their design and architecture to promote the sharing
of data.
(c) The department may provide inspection data on licensed
day-care centers, licensed group day-care homes, or registered
family homes to the public if the department determines that
providing inspection data enhances consumer choice with respect
to those facilities.
Added by Acts 1997, 75th Leg., ch. 253, Sec. 1, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1022, Sec. 28, eff. Sept. 1,
1997.
Text of section as added by Acts 2003, 78th Leg., ch. 709, Sec.
1.
Sec. 42.0443. COORDINATION OF FIRE SAFETY AND SANITATION
INSPECTIONS. (a) The department may not inspect a licensed
day-care center, licensed group day-care home, or registered
family home for compliance with the department's fire safety or
sanitation standards if the facility, at the time of the
department's inspection, provides the department with
documentation relating to a current fire safety or sanitation
inspection, as applicable, performed by a political subdivision
of this state that indicates that the facility is in compliance
with the applicable standards of the political subdivision.
(b) If the documentation provided under Subsection (a) indicates
that the facility was required to take corrective action or that
the political subdivision imposed a restriction or condition on
the facility, the department shall determine whether the facility
took the required corrective action or complied with the
restriction or condition.
(c) The department may inspect a facility subject to this
section for compliance with the department's fire safety or
sanitation standards if:
(1) the facility does not provide the documentation described by
Subsection (a); or
(2) the department determines that the facility did not take a
corrective action or compl