TX
Texas House Bill HB459

Texas 2019 - 86th Regular

Texas House Bill HB459 Compare Versions

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1-86R20148 MCK-D
1+86R905 MCK-D
22 By: Hernandez H.B. No. 459
3- Substitute the following for H.B. No. 459:
4- By: Hinojosa C.S.H.B. No. 459
53
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75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to the placement and use of video recording equipment in
108 certain child-care facilities.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1210 SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
1311 is amended by adding Section 42.0429 to read as follows:
1412 Sec. 42.0429. VIDEO SURVEILLANCE OF DAY-CARE CENTER. (a)
15- This section applies only to a day-care center that provides care
16- for children who are two years of age or younger.
17- (b) Each day-care center shall:
13+ Each day-care center shall:
1814 (1) place video recording equipment in each area of
19- the center occupied by children who are two years of age or younger;
20- and
15+ the center occupied by children; and
2116 (2) record each area described by Subdivision (1) any
22- time children who are two years of age or younger are present in the
23- area.
24- (c) If a day-care center is inside of or connected to a
25- school, office building, or other facility, the day-care center is
26- only required to record areas used by the center as classrooms.
27- (d) A day-care center is not required to operate video
17+ time children are present in the area.
18+ (b) A day-care center is not required to operate video
2819 recording equipment required by this section when children are not
2920 present in the day-care center.
30- (e) Except as provided by Subsections (f) and (g), video
31- recording equipment required by this section must visually monitor
32- and record video in all areas of the day-care center occupied by
33- children who are two years of age or younger.
34- (f) The inside of a bathroom or any area in the day-care
35- center other than the main instructional area of a classroom in
36- which a child's clothes or diapers are changed may not be visually
21+ (c) Except as provided by Subsection (d), video recording
22+ equipment required by this section must:
23+ (1) visually monitor all areas of the day-care center
24+ occupied by children; and
25+ (2) record video and audio from all areas of the
26+ day-care center occupied by children.
27+ (d) The inside of a bathroom or any area in the day-care
28+ center in which a child's clothes are changed may not be visually
3729 monitored, except for incidental coverage of a minor portion of a
3830 bathroom or changing area because of the layout of the center.
39- (g) A day-care center may temporarily turn off video
40- recording equipment that is visually monitoring the main
41- instructional area of a classroom while that area is used by
42- children to change clothes or by staff to change a child's clothes
43- or diaper. The day-care center shall resume recording the main
44- instructional area once the area is no longer used for those
45- purposes.
46- (h) Except as provided by Subsection (i), a day-care center
31+ (e) Except as provided by Subsection (f), a day-care center
4732 shall retain video recorded from video recording equipment required
48- by this section for at least 30 days after the date the video is
49- recorded.
50- (i) If a person described by Subsection (j) requests to view
33+ by this section for at least three months after the date the video
34+ is recorded.
35+ (f) If a person described by Subsection (g) requests to view
5136 video recorded from video recording equipment required by this
52- section, a day-care center shall retain the video from the date the
53- request is received until the person views the video and a
54- determination is made as to whether the video documents an alleged
55- incident. If the video documents an alleged incident, the center
56- shall retain the video until the alleged incident is resolved,
57- including the exhaustion of all appeals.
58- (j) A video of a child recorded from video recording
37+ section, a day-care center shall retain the video from the date of
38+ receipt of the request until the person has viewed the video and a
39+ determination has been made as to whether the video documents an
40+ alleged incident. If the video documents an alleged incident, the
41+ center shall retain the video until the alleged incident has been
42+ resolved, including the exhaustion of all appeals.
43+ (g) A video of a child recorded from video recording
5944 equipment required by this section is confidential and may not be
6045 released or viewed except as provided by this subsection or
61- Subsection (k). A day-care center shall release a video for viewing
46+ Subsection (h). A day-care center shall release a video for viewing
6247 by:
6348 (1) an employee who is involved in an alleged incident
6449 that is documented by the video and has been reported to the
65- commission;
50+ department;
6651 (2) a parent of a child who is involved in an alleged
6752 incident that is documented by the video and has been reported to
68- the commission, on request of the parent; or
69- (3) appropriate commission, department, or law
70- enforcement personnel as part of:
71- (A) an investigation of a report of alleged or
72- suspected abuse or neglect of a child or of a violation of a
73- licensing standard; or
74- (B) a monitoring inspection.
75- (k) A contractor or employee performing job duties relating
53+ the department, on request of the parent; or
54+ (3) appropriate department personnel as part of an
55+ investigation of a report of alleged or suspected abuse or neglect
56+ of a child.
57+ (h) A contractor or employee performing job duties relating
7658 to the installation, operation, or maintenance of video recording
7759 equipment or the retention of recorded videos who incidentally
78- views a video is not in violation of Subsection (j).
79- (l) The executive commissioner may adopt rules to implement
60+ views a video is not in violation of Subsection (g).
61+ (i) The executive commissioner may adopt rules to implement
8062 and administer this section.
8163 SECTION 2. Notwithstanding Section 42.0429, Human
8264 Resources Code, as added by this Act, a day-care center is not
8365 required to be equipped with video recording equipment as required
8466 by that section before January 1, 2020.
8567 SECTION 3. This Act takes effect September 1, 2019.