Untitled Texas Attorney General Opinion ( 1974 )

AUSTIN. TEXAS 78711
December 18, 1974
The Honorable Raymond Vowel1 Opinion No. H- 480
Commissioner
State Dept. of Public Welfare Re: Licensing requiremt:nt for
John H. Reagan Bldg. administrators of publicly owned
Austin, Texas 78701 and operated chi,ld-care institu-
tions.
Dear Commissio~ner Vowell:
You ask whether administrators of publicly owned and operated
child-caring institutions must be licensed under article 695a-1, section 2,
V. T. C. S., which provides:
Beginning January 1, 1974, no person may serve as a
child care administrator of a child-caring institution
unless he holds a child care administrator’s license
issued by the State Department of Public Welfare
pursuant to this Act.
“Child-caring institution” is defined in section 1 of article 695a-1 so as
to specifically include public institutions. Thus, article 695a-1 plainly
requires a child care administrator --the person who exercises adminis-
trative control and supervision and is responsible for programming and
personnel,-- of a public child-caring institution to obtain a license from
the Department of Public Welfare.
Article 695c, section 8(a), V. T. C. S., requires owners of child-
caring institutions to obtain a license to operate. State owned and
operated institutions~are exempted from this requirement. V. T. C. S.
art. 695c, $10. But the exemption of slate owned institutions from the
licensing requirements of article 695~ does not affect the licensing
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I.
The Honorable Raymond Vowel1 page 2 (H-480)
requirements for the administrators of all child-caring institutions
established by article 695a-1. These two provisions operate
independently of each other, and both can be effectuated at the same
time. Under article 695a-1, then, administrators of publicly owned
child-caring institutions must obtain a license from the Department
of Public Welfare.
SUMMARY
Administrators of publicly owned and
operated child-caring institutions must obtain
a license from the State Department of Public
Welfare. V. T. C. S. art. 695a-1, § 2.
Very truly yours,
Attorney General of Texas
=:&
DAVID M. KENDALL, First Assistant
l?!iiiMd
C. ROBERT HEATH, Chairman
Opinion Committee
lg
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