Texas Statutes
Subchapter C. Regulation of Certain Facilities, Homes, and Agencies
Section 42.048. Licensing

Sec. 42.048. LICENSING. (a) The commission shall issue a license after determining that an applicant has satisfied all requirements.
(a-1) The commission shall associate a license issued under this chapter for a group day-care home with the applicant's name as stated in the applicant's license application.
(b) When issuing a license, the commission may impose restrictions on a facility, including the number of children to be served and the type of children to be served.
(c) The commission may grant a variance of an individual standard set forth in the applicable standards for good and just cause.
(d) A license holder must display a license issued under this chapter in a prominent place at the facility.
Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 37 (S.B. 863), Sec. 1
(e) A license issued under this chapter is not transferable and applies only to the operator and facility location stated in the license application. Except as provided by Subsections (e-1), (e-2), (e-3), and (e-4), a change in location or ownership automatically revokes a license.
Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 547 (S.B. 225), Sec. 5
(e) A license issued under this chapter is not transferable and applies only to the operator stated in the license application. A change in ownership automatically revokes a license.
(e-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 547 (S.B. 225), Sec. 9, eff. September 1, 2021.
(e-2) Repealed by Acts 2021, 87th Leg., R.S., Ch. 547 (S.B. 225), Sec. 9, eff. September 1, 2021.
(e-3) A licensed child-care facility that changes location:
(1) must inform the commission regarding the new location before changing location; and
(2) may not operate at the new location unless the commission approves the new location after the licensed child-care facility meets all requirements related to the new location.
(e-4) To the extent necessary to comply with a state or local order during a declared state of disaster under Chapter 418, Government Code, the commission may authorize a residential child-care facility to temporarily:
(1) relocate to a new location that is not stated in the facility's license application; or
(2) provide care to one or more children at an additional location that is not stated in the facility's license application.
(f) A license must be issued if the commission determines that a facility meets all requirements. The evaluation shall be based on one or more visits to the facility and a review of required forms and records. A license is valid until the license expires, is revoked, or is surrendered.
Acts 1979, 66th Leg., p. 2364, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg., ch. 1081, Sec. 1, eff. Sept. 1, 1987. Renumbered from Human Resources Code Sec. 42.049 and amended by Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 35, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.225, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 77, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 60, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1318 (H.B. 4090), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 37 (S.B. 863), Sec. 1, eff. May 15, 2021.
Acts 2021, 87th Leg., R.S., Ch. 547 (S.B. 225), Sec. 5, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 547 (S.B. 225), Sec. 9, eff. September 1, 2021.

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