SECTION 745.273. Which residential child-care operations must meet the public notice and hearing requirements?

(a) Except as specified in subsection (c) of this section, a general residential operation located in a county with a population of less than 300,000 must meet the public notice and hearing requirements when applying for a license.

(b) Except as specified in subsection (c) of this section, a general residential operation requesting to amend its permit must meet the public notice and hearing requirements if it is:

(1) An operation located in a county with a population of less than 300,000 requesting to increase capacity;

(2) An operation requesting to relocate permanently to a location in:

(A) a county with a population of less than 300,000 where the operation did not meet the public notice and hearing requirements with respect to its current location; or

(B) the same county with a population of less than 300,000 if the location is in a different community or is served by a different school district; or

(3) An operation located in a county with a population of less than 300,000 that does not currently provide treatment services to children with emotional disorders but is requesting to amend its permit to begin providing treatment services to children with emotional disorders.

(c) A general residential operation that applies to provide services under Chapter 748 of this title, Subchapter V (relating to Additional Requirements for Operations that Provide Trafficking Victim Services) is exempt from any public notice and hearing requirements in subsection (a) of this section, unless the general residential operation intends to provide or provides treatment services to children with emotional disorders.

(d) Notwithstanding the exemption provided in subsection (c) of this section, if the operation never provides or ceases to provide trafficking victim services, then the operation must meet the public notice and hearing requirements. To meet public notice and hearing requirements, the operation may need to surrender its permit or withdraw its application, as applicable, and reapply.

Source Note: The provisions of this §745.273 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333; amended to be effective December 1, 2012, 37 TexReg 9127; amended to be effective March 1, 2016, 41 TexReg 1123; amended to be effective July 29, 2018, 43 TexReg 4472; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963; amended to be effective April 25, 2021, 46 TexReg 2437; amended to be effective November23, 2022, 47 TexReg 7725