Texas 2019 - 86th Regular

Texas House Bill HB3381 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11913 MM-F
2	2	By: Johnson of Harris H.B. No. 3381
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the placement and use of video recording equipment in
8	8	vehicles used by certain child-care facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
11	11	is amended by adding Section 42.0429 to read as follows:
12	12	Sec. 42.0429. VIDEO SURVEILLANCE OF DAY-CARE CENTER
13	13	VEHICLES. (a) Each day-care center shall:
14	14	(1) place video recording equipment in each vehicle
15	15	used by the center to transport more than two children who are under
16	16	seven years of age; and
17	17	(2) record the inside of each vehicle described by
18	18	Subdivision (1) during any time the vehicle is used to transport
19	19	children.
20	20	(b) A day-care center is not required to operate video
21	21	recording equipment required by this section when children are not
22	22	present in a vehicle used by the day-care center.
23	23	(c) Video recording equipment required by this section
24	24	must:
25	25	(1) visually monitor all areas of a vehicle used by the
26	26	day-care center; and
27	27	(2) record video and audio from all areas of a vehicle
28	28	used by the day-care center.
29	29	(d) Except as provided by Subsection (e), a day-care center
30	30	shall retain video recorded from video recording equipment required
31	31	by this section for at least 90 days after the date the video is
32	32	recorded.
33	33	(e) If a person described by Subsection (f) requests to view
34	34	video recorded from video recording equipment required by this
35	35	section, a day-care center shall retain the video from the date of
36	36	receipt of the request until the person has viewed the video and a
37	37	determination has been made as to whether the video documents an
38	38	alleged incident. If the video documents an alleged incident, the
39	39	center shall retain the video until the alleged incident has been
40	40	resolved, including the exhaustion of all appeals.
41	41	(f) A video of a child recorded from video recording
42	42	equipment required by this section is confidential and may not be
43	43	released or viewed except as provided by this subsection or
44	44	Subsection (g). A day-care center shall release a video for viewing
45	45	by:
46	46	(1) an employee who is involved in an alleged incident
47	47	that is documented by the video and has been reported to the
48	48	commission;
49	49	(2) a parent of a child who is involved in an alleged
50	50	incident that is documented by the video and has been reported to
51	51	the commission, on request of the parent; or
52	52	(3) appropriate commission, department, or law
53	53	enforcement personnel as part of an investigation of a report of
54	54	alleged or suspected abuse or neglect of a child.
55	55	(g) A contractor or employee performing job duties relating
56	56	to the installation, operation, or maintenance of video recording
57	57	equipment or the retention of recorded videos who incidentally
58	58	views a video is not in violation of Subsection (f).
59	59	(h) The executive commissioner may adopt rules to implement
60	60	and administer this section.
61	61	SECTION 2. Notwithstanding Section 42.0429, Human
62	62	Resources Code, as added by this Act, a day-care center is not
63	63	required to be equipped with video recording equipment as required
64	64	by that section before January 1, 2020.
65	65	SECTION 3. This Act takes effect September 1, 2019.