Tex. Human Resources Code Section 42.072
License, Listing, or Registration Denial, Suspension, or Revocation


(a)

The commission may suspend, deny, revoke, or refuse to renew the license, listing, registration, or certification of approval of a facility or family home that does not comply with the requirements of this chapter, commission standards and rules, or the specific terms of the license, listing, registration, or certification. The commission may revoke the probation of a person whose license, listing, or registration is suspended if the person violates a term of the conditions of probation.

(b)

If the commission proposes to take an action under Subsection (a), 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 (Administrative Procedure), Government Code. An action under this section, including a revocation of a person’s license, is a contested case as defined by Chapter 2001 (Administrative Procedure), Government Code, and is subject to judicial review under the substantial evidence rule in accordance with that chapter. Rules of practice adopted by the executive commissioner under Section 2001.004 (Requirement to Adopt Rules of Practice and Index Rules, Orders, and Decisions), Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings.

(c)

The commission may not issue a license, listing, registration, or certification to a person whose license, listing, registration, or certification is revoked or not renewed, whose application for a license, listing, registration, or certification is denied for a substantive reason under this chapter, or who in lieu of disciplinary action voluntarily closed a facility or family home or relinquished the person’s license, listing, registration, or certification before the fifth anniversary of the date on which:

(1)

the revocation or nonrenewal takes effect by commission or court order;

(2)

the decision to deny the application is final;

(3)

the facility or family home is closed; or

(4)

the license, listing, registration, or certification is relinquished.

(c-1)

A person described by Subsection (c) may not be a controlling person in any facility or family home during the five-year period in which the person is ineligible to receive a license, listing, registration, or certification.

(d)

The executive commissioner by rule may provide for denial of an application or renewal for a licensed facility or for listing or registering a family home or may revoke a facility’s license or a family home’s listing or registration based on findings of background or criminal history as a result of a background or criminal history check.

(d-1)

A person may not operate a facility or family home during an appeal of a suspension or denial of a license, certification, registration, or listing.

(e)

A person may continue to operate a facility or family home during an appeal of a revocation or refusal to renew a license, certification, or registration unless the operation of the facility or family home poses a risk to the health or safety of children. The executive commissioner shall by rule establish the criteria for determining whether the operation of a facility or family home poses a risk to the health or safety of children. The commission shall notify the facility or family home of the criteria the commission used to determine that the operation of the facility or family home poses a risk to health or safety and that the facility or family home may not operate. A person who has been notified by the commission that the facility or home may not operate under this section may seek injunctive relief from a district court in Travis County or in the county in which the facility or home is located to allow operation during the pendency of an appeal. The court may grant injunctive relief against the commission’s action only if the court finds that the child-care operation does not pose a health or safety risk to children. A court granting injunctive relief under this subsection shall have no other jurisdiction over an appeal of final commission action unless conferred by Chapter 2001 (Administrative Procedure), Government Code.

(f)

The commission shall deny an application or renewal for listing or registering a family home or shall revoke a family home’s listing or registration if the results of a background or criminal history check conducted by the commission under Section 42.056 (Required Background and Criminal History Checks; Criminal Penalties) show that a person has been convicted of an offense under Title 5 or 6, Penal Code, or Chapter 43 (Public Indecency), Penal Code.

(g)

Notwithstanding Subsection (c), the commission may refuse to issue a license, listing, registration, or certification to:

(1)

a person whose license, listing, registration, or certification for a facility or family home was revoked by the commission or by court order;

(2)

a person who was a controlling person of a facility or family home at the time conduct occurred that resulted in the revocation of the license, listing, registration, or certification of the facility or family home;

(3)

a person who voluntarily closed a facility or family home or relinquished the person’s license, listing, registration, or certification after:

(A)

the commission took an action under Subsection (a) in relation to the facility, family home, or person; or

(B)

the person received notice that the commission intended to take an action under Subsection (a) in relation to the facility, family home, or person; or

(4)

a person who was a controlling person of a facility or family home at the time conduct occurred that resulted in the closure of the facility or family home or relinquishment of the license, listing, registration, or certification in the manner described by Subdivision (3).
Acts 1979, 66th Leg., p. 2365, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 111, ch. 23, Sec. 2, eff. Aug. 29, 1983; Acts 1993, 73rd Leg., ch. 977, Sec. 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1022, Sec. 37, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1217, Sec. 13, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 218, Sec. 11, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.107, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 526 (H.B. 877), Sec. 3, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 13, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 8, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.237, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), Sec. 8, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 588 (S.B. 568), Sec. 8, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 372 (S.B. 764), Sec. 1, eff. September 1, 2021.

Source: Section 42.072 — License, Listing, or Registration Denial, Suspension, or Revocation, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­42.­htm#42.­072 (accessed Apr. 20, 2024).

42.001
Purpose
42.002
Definitions
42.003
Reference to Child-care Institution
42.004
Confidentiality of Investigation Information
42.021
Division Designated
42.023
Annual Report
42.024
Administrative Procedure
42.025
Searchable Database
42.026
Access to Database
42.027
Independent Assessment
42.0031
Reference to Part of Continuum-of-care Operation
42.041
Required License
42.042
Rules and Standards
42.043
Rules for Immunizations
42.044
Inspections
42.045
Records
42.046
Application for License, Listing, or Registration
42.047
Consultations
42.048
Licensing
42.049
Liability Insurance Required
42.050
License Renewal
42.051
Initial License
42.052
Certification, Listing, and Registration
42.053
Agency Foster Homes
42.054
Fees
42.055
Sign Posting
42.056
Required Background and Criminal History Checks
42.057
Drug Testing
42.058
Competitive Bidding or Advertising Rules
42.059
Required Affidavit for Applicants for Employment with Facility or Registered Family Home
42.060
Carbon Monoxide Detectors
42.062
Certain Employment and Service Prohibited
42.063
Reporting of Incidents and Violations
42.064
Information Regarding Gang-free Zones
42.065
Administering Medication
42.066
Required Submission of Information Requested by Court
42.067
Epinephrine Auto-injectors
42.068
Required Posting of No Trespassing Notice
42.071
Suspension or Probation of License or Registration
42.072
License, Listing, or Registration Denial, Suspension, or Revocation
42.073
Emergency Suspension and Closure of a Facility or Family Home
42.074
Injunctive Relief
42.075
Civil Penalty
42.076
Criminal Penalties
42.077
Notice of Action Against Facility or Family Home
42.078
Administrative Penalty
42.079
Cease and Desist Order
42.080
Disciplinary Action Prohibited
42.151
Definitions
42.152
Permit Required
42.153
Application
42.154
Conversion of License
42.155
Parent or Guardian Within Immediate Vicinity
42.156
Caregiver-to-child Ratio
42.157
Minimum Standards
42.158
Caregiver Qualifications
42.159
Background and Criminal History Checks Required
42.160
Applicability of Other Law
42.161
Reporting of Incidents and Violations
42.162
Authority to Conduct Limited Inspections
42.163
Suspension, Denial, or Revocation
42.201
Definitions
42.202
Permit Required
42.203
Application
42.204
Conversion of License
42.205
Caregiver Qualifications and Training
42.206
Background and Criminal History Checks Required
42.207
Applicability of Other Law
42.208
Reporting of Incidents and Violations
42.209
Authority to Conduct Limited Inspections
42.210
Suspension, Denial, or Revocation
42.0211
Safety Specialists, Risk Analysts, and Performance Management
42.251
Applicability
42.252
Proposed Operational Plan
42.253
Confidentiality of Information Relating to Services for Human Trafficking Victims
42.254
Duties Relating to Education of Children in General Residential Operation
42.255
Hearing Before Renewal of License
42.256
Treatment Model
42.257
Evaluation of Placements
42.258
Limit on Placements for New Facility
42.259
Transition Plans
42.260
Telehealth Pilot Program
42.0412
Collection of Licensed Day-care Center Data
42.0421
Minimum Training Standards
42.0422
Restraint and Seclusion
42.0423
Children’s Product Safety for Certain Nonresidential Child-care Facilities
42.0424
Child Safety Alarms in Vehicles
42.0425
Assessment Services
42.0426
Training of Personnel
42.0427
Parental Visitation
42.0428
Policies Addressing Sexual Abuse and Other Maltreatment of Children
42.0429
Safe Sleeping Standards
42.0431
Enforcement of Screening Requirements Relating to Vision, Hearing, and Other Special Senses and Communication Disorders
42.0432
Health Screening Requirements for Child Placed with Child-placing Agency
42.0433
Suicide Prevention, Intervention, and Postvention Plan
42.0441
Inspection Results for Certain Nonresidential Child-care Facilities
42.0442
Coordination of Inspections
42.0443
Coordination of Fire Safety and Sanitation Inspections
42.0445
Required Background Search of Central Registry of Reported Cases of Child Abuse or Neglect
42.0446
Removal of Certain Investigation Information from Internet Website
42.0447
False Report
42.0448
Notification of Family Violence Calls
42.0449
Required Actions After Notice of Family Violence Call
42.0451
Database of Agency Foster Homes
42.0452
Foster Parent Rights and Responsibilities Statement
42.0461
Public Notice and Hearing: Residential Child Care
42.0462
Waiver of Notice and Hearing Requirements
42.0463
Expansion of Capacity
42.0495
Liability Insurance Required for Listed Family Homes
42.0521
Deposit of Fees
42.0522
Public Advertising of Family Homes
42.0523
Listing of Relative Child-care Providers
42.0531
Secure Agency Foster Homes
42.0535
Required Information for Verification
42.0536
Transfer of Agency Foster Home
42.0537
Caregiver Training Requirement
42.0538
Provisional License for Kinship Provider
42.0551
Posting of Employee List
42.0561
Information Relating to Family Violence Reports
42.0562
Information Regarding Certain Group Day-care Home and Family Home Employees
42.0563
Pre-employment Affidavit
42.0583
Identifying At-risk Providers
42.0704
Enforcement Policy
42.0705
Range of Penalties
42.0715
Costs Charged to Facility or Family Home
42.0761
Criminal Penalty for Operating Day-care Center Without Qualified Director
42.2541
Improving Education Services for Children
42.04201
Interim Director
42.04215
Safety Training Account
42.04261
Other Training of Personnel: Child-placing Agencies and Day-care Centers
42.04271
Rights of Parent or Guardian with Child in Certain Child-care Facilities
42.04291
Supervision Standards for Infant During Time Spent on Stomach
42.04305
Vaccine-preventable Disease Policy Required
42.04411
Inspection Results and Exit Conference for Residential Child-care Facilities
42.04412
Interference with Inspection
42.04425
Inspection Information Database
42.04431
Enforcement of State Law by County or Municipality

Accessed:
Apr. 20, 2024

§ 42.072’s source at texas​.gov