DIVISION 2. EXEMPTIONS FROM REGULATION

26 TAC §745.117

The Texas Health and Human Services Commission (HHSC) adopts an amendment to §745.117, concerning Exemptions for Programs of Limited Duration.

The amendment to §745.117 is adopted with changes to the proposed text as published in the October 25, 2024, issue of the Texas Register (49 TexReg 8542). This rule will be republished.

BACKGROUND AND JUSTIFICATION

The amendment is necessary to implement Section 115 of House Bill (H.B.) 4559, 88th Legislature, Regular Session, 2023. This section of H.B. 4559 amended a requirement in Texas Human Resources Code (HRC) §42.041, which identifies certain programs that meet the definition of "child-care facility" in HRC §42.002(3) that are exempt from requiring a license under HRC Chapter 42. HRC §42.041(b)(3) includes an exemption for a program that provides short-term child care that meets certain requirements in connection with a shopping center, business or other activity. In turn, HRC §42.041(g) limits the number of hours a week that a certain type of program that meets this exemption language may operate. H.B. 4559 amended the requirements in HRC Section 42.041(g). Prior to the effective date of H.B. 4559, HRC Section 42.041(g) limited a program exempt under HRC Section 42.041(b)(3) to providing a maximum of 15 hours per week of childcare to an individual child if the program (1) provides child-care so that a person may attend an educational class provided by a nonprofit entity and (2) is located in a county that has a population of 800,000 and on an international border. H.B. 4559 amended the population requirement so that the limits in subsection (g) apply if the program is located in a county with a municipality with a population of at least 500,000. Accordingly, HHSC Child Care Regulation (CCR) is adopting amended §745.117 to reflect the amended statutory language.

COMMENTS

The 31-day comment period ended November 25, 2024. During this period, HHSC received one comment regarding the proposed rule from one commenter representing a licensed child-care center, Tomorrow's Promise Montessori Schools. A summary of the comment relating to the rule and the response from HHSC follows.

Comment: Regarding §745.117, one commenter stated the Boys and Girls Clubs, public schools, and charter schools that offer after-school programs and summer camps, and Mother's Day Out programs should be held to the same standards as licensed child-care programs. The commenter specifically mentioned standards related to screen time, supervision, background checks, and health and safety.

Response: HHSC appreciates the comment but declines to revise the rule. This comment is unrelated to the subject of the amendment that HHSC proposed in this packet, which is to make rule language consistent with statutory language that relates specifically to the exemption codified in HRC §42.041(b)(3). The program types referenced in this comment are either subject to regulation (for example, an after-school program at a public school is subject to regulation under Chapter 744, Minimum Standards for School-Age and Before or After-School Programs) or relate to a different exemption in HRC §42.041(b).

In addition, HHSC made minor editorial changes to the rule title at §745.117 to replace the question format with a statement and clarify wording.

STATUTORY AUTHORITY

The amendment is adopted under Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Government Code §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out the duties of HHSC under Chapter 531 of Texas Government Code. In addition, HRC §42.042(a) requires HHSC to adopt rules to carry out the requirements of Chapter 42 of HRC.

§ 745.117. Programs of Limited Duration Exempt from Regulation by Child Care Regulation (CCR).

The following programs of limited-duration are exempt from CCR regulation:

Figure: 26 TAC §745.117 (.pdf)

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 18, 2025.

TRD-202500589

Karen Ray

Chief Counsel

Health and Human Services Commission

Effective date: March 10, 2025

Proposal publication date: October 25, 2024

For further information, please call: (512) 438-3269

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