Texas Human Resources Code

§ 42.041 — REQUIRED LICENSE

HR § 42.041Title 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL · Part D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD WELFARE AND PROTECTIVE SERVICES · Ch. 42. REGULATION OF CERTAIN FACILITIES, HOMES, AND AGENCIES THAT PROVIDE CHILD-CARE SERVICES · Art. C. REGULATION OF CERTAIN FACILITIES, HOMES, AND AGENCIES

Statute text

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(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;

(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;

…

Legislative history

Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.93(a), eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 25, eff. June 8, 2007. Acts 2007, 80th Leg., R.S., Ch. 1037 (H.B. 1786), Sec. 1, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1414 (H.B. 1385), Sec. 1, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 4, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 5, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 19(1), eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 343 (H.B. 3051), Sec. 1, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 2, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(30), eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 192 (S.B. 353), Sec. 1, eff. May 25, 2013. Acts 2013, 83rd Leg., R.S., Ch. 746 (S.B. 427), Sec. 1, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.211, eff. April 2, 2015. Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 12, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 46, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 10.003, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 13, eff. June 14, 2019. Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 115, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 461 (H.B. 4529), Sec. 1, eff. September 1, 2025.