Relating to public hearing requirements for issuing a license for or expanding certain residential child-care facilities.

Contracts

• Real Estate Leases/Purchase Agreements: You must amend standard Letters of Intent (LOI) and Purchase/Lease agreements for sites in affected counties.
• Required Clause: Insert a contingency stating that the lease commencement or closing is subject to "successful completion of public hearing requirements and subsequent licensure under Tex. Hum. Res. Code § 42.0461." Do not lock into a property until the public hearing is concluded.
• Legal Retainers: Review engagement letters with outside counsel to ensure scope includes representation at public hearings if community opposition arises.

Hiring/Training

• Public Relations Training: Facility Directors and Administrators must be trained on public speaking and conflict de-escalation. These hearings can become contentious community forums.
• No New Certifications: No new professional certifications are required.

Reporting & Record-Keeping

• Proof of Publication: You must obtain and file an affidavit of publication and an original tear sheet from the newspaper where the notice ran.
• Hearing Documentation: Create a "Public Hearing File" for HHSC inspection containing:
• Copy of the notice sent to HHSC.
• Sign-in sheets from the hearing.
• Minutes or a recording of the proceedings.
• Copies of all materials presented to the public.

Fees & Costs

• Venue Costs: The applicant bears the full cost of renting a venue "in the community" (e.g., community center, hotel conference room).
• Advertising Costs: The applicant bears the full cost of purchasing ad space in a newspaper of general circulation.
• State Fees: No change to state licensing fees.