By: Frank H.B. No. 2789       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of child welfare, including licensure,   community-based care contractors, family homes, and child-care   facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 42, Human Resources Code,   is amended by adding Section 42.0413 to read as follows:          Sec. 42.0413.  EXEMPTION FOR SINGLE SOURCE CONTINUUM   CONTRACTORS.  (a) In this section, "contractor" means a "single   source continuum contractor," which is contracted by the department   to provide community-based care, including the management and   oversight of foster care and other child welfare services,   consistent with the plan described by Section 264.153, Family Code.          (b)  Notwithstanding any other provision of this chapter, a   contractor is not required to obtain a child-placing agency license   for the purpose of fulfilling its contractual obligations to the   department.          (c)  The exemption under Subsection (b) does not relieve a   contractor from compliance with other applicable laws, rules, or   regulations governing the provision of foster care, adoption   services, or other child welfare services, including requirements   to ensure the health, safety, and well-being of children in its   care.          (d)  Nothing in this section may be construed to exempt any   subcontractor or child-placing agency working under a contractor   from the applicable licensing requirements under this chapter.          (e)  A contractor may choose to obtain a child-placing agency   license under this chapter if it determines that obtaining such a   license would facilitate the performance of its contractual   obligations or provide additional operational flexibility.   Obtaining a license is not a requirement for a contractor to fulfill   its duties under this section.          SECTION 2.  Section 42.043(b), Human Resources Code, is   amended to read as follows:          (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.          SECTION 3.  Section 42.049(a), Human Resources Code, is   amended to read as follows:          (a)  A license or registration holder under this chapter   shall maintain liability insurance coverage in the amount of   $100,000 [$300,000] for each occurrence of negligence.  An   insurance policy or contract required under this section must cover   injury to a child that occurs while the child is on the premises of   or in the care of the holder.          SECTION 4.  Section 42.0495, Human Resources Code, is   amended to read as follows:          Sec. 42.0495.  LIABILITY INSURANCE REQUIRED FOR LISTED   FAMILY HOMES. (a) A listed family home shall maintain liability   insurance coverage in the amount of $100,000 [$300,000] for each   occurrence of negligence.  An insurance policy or contract required   under this section must cover injury to a child that occurs while   the child is on the premises of or in the care of the listed family   home.          (b)  [A listed family home shall annually file with the   commission a certificate or other evidence of coverage from an   insurance company demonstrating that the listed family home has an   unexpired and uncanceled insurance policy or contract that meets   the requirements of this section.          [(c)]  If a listed family home is unable to secure a policy or   contract required under this section for financial reasons or for   lack of availability of an underwriter willing to issue a policy or   contract or the home's policy or contract limits are exhausted, the   home shall timely provide written notice to the parent or guardian   of each child attending the home that the liability coverage is not   provided.          (c) [(d)]  A listed family home described by Subsection (b)   [(c)] shall timely provide written notice to the commission that   the home is unable to secure liability insurance and the reason the   insurance could not be secured.          (d) [(e)]  If a listed family home complies with the notice   requirements under this section, the commission may not assess an   administrative penalty or suspend or revoke the family home's   listing for violating Subsection (a). This subsection may not be   construed to indemnify a family home for damages due to negligence.          SECTION 5.  Section 42.051(b), Human Resources Code, is   amended to read as follows:          (b)  An initial license is valid for 12 [six] months from the   date it is issued and may be renewed for an additional six months.          SECTION 6.  Section 42.068, Human Resources Code, is amended   to read as follows:          Sec. 42.068.  REQUIRED POSTING OF NO TRESPASSING NOTICE;   CRIMINAL PENALTY.  (a)  Each general residential operation   operating as a residential treatment center shall post "No   Trespassing" notices on the grounds of the general residential   operation [in the following locations:                [(1)  parallel to and along the exterior boundaries of   the general residential operation's grounds;                [(2)  at each roadway or other way of access to the   grounds;                [(3)  for grounds not fenced, at least every five   hundred feet along the exterior boundaries of the grounds;                [(4)  at each entrance to the grounds; and                [(5)  at conspicuous places reasonably likely to be   viewed by intruders].          (b)  [Each "No Trespassing" notice posted on the grounds of a   general residential operation operating as a residential treatment   center must:                [(1)  state that entry to the property is forbidden;                [(2)  include a description of the provisions of   Section 30.05, Penal Code, including the penalties for violating   Section 30.05, Penal Code;                [(3)  include the name and address of the person under   whose authority the notice is posted;                [(4)  be written in English and Spanish; and                [(5)  be at least 8-1/2 by 11 inches in size.          [(c)]  The executive commissioner by rule shall determine   and prescribe the requirements regarding the placement,   installation, design, size, wording, and maintenance procedures   for the "No Trespassing" notices.          (c) [(d)]  The commission shall provide without charge to   each general residential operation operating as a residential   treatment center the number of "No Trespassing" notices required to   comply with this section and rules adopted under this section.          (d) [(e)]  A person who operates a general residential   operation operating as a residential treatment center commits an   offense if the commission provides "No Trespassing" notices to the   facility and the person fails to display the "No Trespassing"   notices on the operation's grounds as required by this section   before the end of the 30th business day after the date the operation   receives the notices. An offense under this subsection is a Class C   misdemeanor.          SECTION 7.  Sections 43.004(a) and (b), Human Resources   Code, are amended to read as follows:          (a)  To be eligible for a child-care administrator's license   a person must:                (1)  provide information for the department's use in   conducting a criminal history and background check under Subsection   (c), including a complete set of the person's fingerprints;                (2)  satisfy the minimum requirements under department   rules relating to criminal history and background checks;                (3)  pass an examination developed and administered by   the department that demonstrates competence in the field of   child-care administration; and                (4)  have an experiential or educational equivalent to   that of a bachelor's degree in social work, child development, or a   similar [one year of full-time experience in management or   supervision of child-care personnel and programs; and                [(5)  have one of the following educational and   experience qualifications:                      [(A)  a master's or doctoral degree in social work   or other area of study; or                      [(B)  a bachelor's degree and two years' full-time   experience in child care or a closely related] field.          (b)  To be eligible for a child-placing agency   administrator's license a person must:                (1)  provide information for the department's use in   conducting a criminal history and background check under Subsection   (c), including a complete set of the person's fingerprints;                (2)  satisfy the minimum requirements under department   rules relating to criminal history and background checks;                (3)  pass an examination developed and administered by   the department that demonstrates competence in the field of placing   children in residential settings or adoptive homes; and                (4)  have an experiential or educational equivalent to   that of a bachelor's degree in social work, child development, or a   similar [one year of full-time experience in management or   supervision of child-placing personnel and programs; and                [(5)  have one of the following educational and   experience qualifications:                      [(A)  a master's or doctoral degree in social work   or other area of study; or                      [(B)  a bachelor's degree and two years' full-time   experience in the field of placing children in residential settings   or adoptive homes or a closely related] field.          SECTION 8.  Section 43.009(e), Human Resources Code, is   amended to read as follows:          (e)  If a person's license has been expired for longer than   90 days but less than one year, the person may renew the license by   paying to the department one and one-half [two] times the required   renewal fee.          SECTION 9.  Section 42.0431(b), Human Resources Code, is   repealed.          SECTION 10.  (a)  The commissioner of the Department of   Family and Protective Services shall adopt rules necessary to   implement the changes in law made by this Act not later than   December 1, 2025.          (b)  The rules adopted to implement Section 42.0413, Human   Resources Code, as added by this Act, must ensure that single source   continuum contractors operate in a manner that continues to   prioritize the safety and well-being of children in the foster care   system.          SECTION 11.  (a)  Sections 3 and 4 of this Act take effect   January 1, 2026.          (b)  Except as provided by Subsection (a) of this section,   this Act takes effect September 1, 2025.