HUMAN RESOURCES CODE
CHAPTER 43. REGULATION OF CHILD-CARE ADMINISTRATORS
§ 43.001. DEFINITIONS. In this chapter:
(1) "Child-care institution" means a profit or
nonprofit children's home, orphanage, institution, or other place
that receives and provides 24-hour-a-day care for more than six
children who are dependent, neglected, handicapped, delinquent, in
danger of becoming delinquent, or in need of group care.
(2) "Child-care administrator" means a person who
supervises and exercises direct administrative control over a
child-care institution and who is responsible for its program and
personnel, whether or not the person has an ownership interest in
the institution or shares duties with other persons.
Acts 1979, 66th Leg., p. 2368, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 43.003. LICENSE REQUIRED. (a) Except as provided by
Subsection (b) of this section, a person may not serve as a
child-care administrator of a child-care institution without a
license issued by the department under this chapter.
(b) A person who is not licensed under this chapter may
serve as the child-care administrator of an emergency shelter
located in a county with a population of less than 40,000 if the
governing body of the shelter by resolution adopted by a majority
vote of the membership of the governing body certifies that the
shelter has made a reasonable effort to hire a licensed child-care
administrator but is unable to hire a licensed child-care
administrator.
(c) Repealed by Acts 1997, 75th Leg., ch. 664, § 9
Acts 1979, 66th Leg., p. 2368, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1987, 70th Leg., ch. 1052, § 4.10, eff.
Sept. 1, 1987; Acts 1997, 75th Leg., ch. 664, § 6, eff. Sept. 1,
1997.
§ 43.004. QUALIFICATIONS FOR LICENSE. To be eligible
for a child-care administrator's license a person must:
(1) present evidence in writing of good moral
character, ethical commitment, and sound physical and emotional
health;
(2) pass an examination devised and administered by
the department that demonstrates competence in the field of
child-care administration;
(3) have one year of experience in management or
supervision of child-care personnel and programs; and
(4) have one of the following educational and
experience qualifications:
(A) a master's or doctor of philosophy degree in
social work or other area of study;
(B) a bachelor's degree and two years' experience
in child care or a closely related field;
(C) an associate degree from a junior college and
four years' experience in child care or a closely related field; or
(D) a high school diploma or its equivalent and
six years' experience in child care or a closely related field.
Acts 1979, 66th Leg., p. 2368, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 43.0041. EXAMINATION RESULTS. (a) Not later than
the 30th day after the date on which a licensing examination is
administered under this chapter, the department shall notify each
examinee of the results of the examination. However, if an
examination is graded or reviewed by a national testing service,
the department shall notify examinees of the results of the
examination not later than the 14th day after the date on which the
department receives the results from the testing service. If the
notice of examination results graded or reviewed by a national
testing service will be delayed for longer than 90 days after the
examination date, the department shall notify the examinee of the
reason for the delay before that 90th day.
(b) If requested in writing by a person who fails a
licensing examination administered under this chapter, the
department shall furnish the person with an analysis of the
person's performance on the examination.
Added by Acts 1987, 70th Leg., ch. 1052, § 4.11, eff. Sept. 1,
1987.
§ 43.0042. RECOGNITION OF LICENSE ISSUED BY ANOTHER
STATE. (a) The department may waive any prerequisite to
obtaining a license for an applicant:
(1) after reviewing the applicant's credentials and
determining that the applicant holds a valid license from another
state that has license requirements substantially equivalent to
those of this state; or
(2) after determining the applicant has a valid
license from another state with which this state has a reciprocity
agreement.
(b) The department may enter into an agreement with another
state to permit licensing by reciprocity.
Added by Acts 1997, 75th Leg., ch. 1022, § 44, eff. Sept. 1,
1997.
§ 43.005. RULES. The board may make rules to administer
the provisions of this chapter.
Acts 1979, 66th Leg., p. 2368, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 43.0055. COMPETITIVE BIDDING OR ADVERTISING
RULES. (a) The department may not adopt rules restricting
competitive bidding or advertising by a license holder except to
prohibit false, misleading, or deceptive practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the department may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a license holder's personal
appearance or voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the license holder; or
(4) restricts the license holder's advertisement under
a trade name.
Added by Acts 1997, 75th Leg., ch. 1022, § 45, eff. Sept. 1,
1997.
§ 43.006. FEES. The board may set and charge fees for
administering an examination and issuing an initial license,
renewal license, or provisional license in amounts necessary to
cover the costs of administering this chapter.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 386, ch. 81, § 13(a),
eff. Sept. 1, 1983; Acts 1997, 75th Leg., ch. 1022, § 46, eff.
Sept. 1, 1997.
§ 43.007. LICENSE APPLICATION. (a) A person who has
the education and experience required by Section 43.004 of this
code may apply to the department for a license.
(b) The applicant shall send the appropriate license fee
with the application.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 386, ch. 81, § 13(b),
eff. Sept. 1, 1983.
§ 43.008. LICENSING. (a) The department shall issue a
license to a person who has satisfied all the licensing
requirements.
(b) The license is valid for a period of two years from the
date issued.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 43.0081. PROVISIONAL LICENSE. (a) The department
may issue a provisional license to an applicant licensed in another
state who applies for a license in this state. An applicant for a
provisional license under this section must:
(1) be licensed in good standing as a child-care
administrator for at least two years in another state, the District
of Columbia, a foreign country, or a territory of the United States
that has licensing requirements that are substantially equivalent
to the requirements of this chapter;
(2) have passed a national or other examination
recognized by the department that demonstrates competence in the
field of child-care administration; and
(3) be sponsored by a person licensed by the
department under this chapter with whom the provisional license
holder may practice under this section.
(b) The department may waive the requirement of Subsection
(a)(3) for an applicant if the department determines that
compliance with that subsection constitutes a hardship to the
applicant.
(c) A provisional license is valid until the date the
department approves or denies the provisional license holder's
application for a license. The department shall issue a license
under this chapter to the provisional license holder if:
(1) the provisional license holder passes the
examination required by Section 43.004;
(2) the department verifies that the provisional
license holder has the academic and experience requirements for a
license under this chapter; and
(3) the provisional license holder satisfies any other
license requirements under this chapter.
(d) The department must complete the processing of a
provisional license holder's application for a license not later
than the 180th day after the date the provisional license is issued.
The department may extend the 180-day limit if the results of the
license holder's examination have not been received by the
department.
Added by Acts 1997, 75th Leg., ch. 1022, § 47, eff. Sept. 1,
1997.
§ 43.009. LICENSE RENEWAL. (a) To be eligible for
license renewal, a license holder shall present evidence to the
department of participation in a program of continuing education
approximating 15 actual hours of formal study during the two-year
period before the renewal.
(b) The board shall recognize, prepare, or administer
continuing education programs for license holders. The continuing
education requirement may be fulfilled by studies in the areas of
legal aspects of child care, concepts related to the field of social
work, or other subjects approved by the department.
(c) A person who is otherwise eligible to renew a license
may renew an unexpired license by paying to the department before
the expiration date of the license the required renewal fee. A
person whose license has expired may not engage in the activities
that require a license until the license has been renewed under the
provisions of this section.
(d) If a person's license has been expired for 90 days or
less, the person may renew the license by paying to the department
one and one-half times the required renewal fee.
(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 two times the required renewal fee.
(f) If a person's license has been expired for one year or
longer, the person may not renew the license. The person may obtain
a new license by submitting to reexamination and complying with the
requirements and procedures for obtaining an original license. If
the person was licensed in this state, moved to another state, and
is currently licensed and has been in practice in the other state
for the two years preceding application, the person may renew an
expired license without reexamination. The person must pay to the
department a fee that is equal to two times the required renewal fee
for the license.
(g) At least 30 days before the expiration of a person's
license, the department shall send written notice of the impending
license expiration to the person at the licensee's last known
address according to the records of the department.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 386, ch. 81, § 13(c),
eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 1052, § 4.12, eff.
Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1022, § 48, eff. Sept.
1, 1997.
§ 43.010. LICENSE REVOCATION, SUSPENSION, OR REFUSAL;
REPRIMAND OR PROBATION. (a) The department shall revoke,
suspend, or refuse to renew a license, place on probation a person
whose license has been suspended, or reprimand a license holder for
a violation by the license holder of this chapter or a rule of the
board.
(b) The department may revoke a license if the license
holder is:
(1) convicted of a felony;
(2) convicted of a misdemeanor involving fraud or
deceit;
(3) addicted to a dangerous drug or intemperate in the
use of alcohol; or
(4) grossly negligent in performing duties as a
child-care administrator.
(c) The department shall suspend a license, place on
probation a person whose license has been suspended, or reprimand a
license holder for a violation of this chapter or a rule of the
board.
(d) If a license suspension is probated, the department may
require the license holder:
(1) to report regularly to the department on the
conditions of the probation;
(2) to limit practice to the areas prescribed by the
department; or
(3) to continue or renew professional education until
the practitioner attains a degree of skill satisfactory to the
department in those areas in which improvement is a condition of the
probation.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1987, 70th Leg., ch. 1052, § 4.13, eff.
Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1022, § 49, eff. Sept.
1, 1997.
§ 43.0105. REVOCATION OF PROBATION. The department may
revoke the probation of a license holder whose license is suspended
if the license holder violates a term of the conditions of
probation.
Added by Acts 1997, 75th Leg., ch. 1022, § 50, eff. Sept. 1,
1997.
§ 43.0106. DISCIPLINARY HEARING. If the department
proposes to suspend, revoke, or refuse to renew a person's license,
the person is entitled to a hearing conducted by the State Office of
Administrative Hearings. Proceedings for a disciplinary action are
governed by the administrative procedure law, Chapter 2001,
Government Code. Rules of practice adopted by the board under
Section 2001.004, Government Code, applicable to the proceedings
for a disciplinary action may not conflict with rules adopted by the
State Office of Administrative Hearings.
Added by Acts 1997, 75th Leg., ch. 1022, § 50, eff. Sept. 1,
1997.
§ 43.011. APPEALS. (a) A person whose license
application is denied or whose license is revoked is entitled to
written notice of the reasons and may request that the department
provide a hearing.
(b) The hearing shall be held within 30 days after the date
the department receives the request.
(c) If the hearing results in the department upholding the
license denial or revocation, the person may challenge the
department's decision by filing suit in a district court in the
county where the person resides within 30 days after the date the
person receives notice of the department's final decision.
(d) The trial shall be de novo.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 43.012. PENALTY. A person who serves as a child-care
administrator without the license required by this chapter commits
a Class C misdemeanor.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1997, 75th Leg., ch. 1063, § 8, eff. Sept.
1, 1997.
