86R20148 MCK-D
By: Hernandez H.B. No. 459
Substitute the following for H.B. No. 459:
By: Hinojosa C.S.H.B. No. 459
A BILL TO BE ENTITLED
AN ACT
relating to the placement and use of video recording equipment in
certain child-care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.0429 to read as follows:
Sec. 42.0429. VIDEO SURVEILLANCE OF DAY-CARE CENTER. (a)
This section applies only to a day-care center that provides care
for children who are two years of age or younger.
(b) Each day-care center shall:
(1) place video recording equipment in each area of
the center occupied by children who are two years of age or younger;
and
(2) record each area described by Subdivision (1) any
time children who are two years of age or younger are present in the
area.
(c) If a day-care center is inside of or connected to a
school, office building, or other facility, the day-care center is
only required to record areas used by the center as classrooms.
(d) A day-care center is not required to operate video
recording equipment required by this section when children are not
present in the day-care center.
(e) Except as provided by Subsections (f) and (g), video
recording equipment required by this section must visually monitor
and record video in all areas of the day-care center occupied by
children who are two years of age or younger.
(f) The inside of a bathroom or any area in the day-care
center other than the main instructional area of a classroom in
which a child's clothes or diapers are changed may not be visually
monitored, except for incidental coverage of a minor portion of a
bathroom or changing area because of the layout of the center.
(g) A day-care center may temporarily turn off video
recording equipment that is visually monitoring the main
instructional area of a classroom while that area is used by
children to change clothes or by staff to change a child's clothes
or diaper. The day-care center shall resume recording the main
instructional area once the area is no longer used for those
purposes.
(h) Except as provided by Subsection (i), a day-care center
shall retain video recorded from video recording equipment required
by this section for at least 30 days after the date the video is
recorded.
(i) If a person described by Subsection (j) requests to view
video recorded from video recording equipment required by this
section, a day-care center shall retain the video from the date the
request is received until the person views the video and a
determination is made as to whether the video documents an alleged
incident. If the video documents an alleged incident, the center
shall retain the video until the alleged incident is resolved,
including the exhaustion of all appeals.
(j) A video of a child recorded from video recording
equipment required by this section is confidential and may not be
released or viewed except as provided by this subsection or
Subsection (k). A day-care center shall release a video for viewing
by:
(1) an employee who is involved in an alleged incident
that is documented by the video and has been reported to the
commission;
(2) a parent of a child who is involved in an alleged
incident that is documented by the video and has been reported to
the commission, on request of the parent; or
(3) appropriate commission, department, or law
enforcement personnel as part of:
(A) an investigation of a report of alleged or
suspected abuse or neglect of a child or of a violation of a
licensing standard; or
(B) a monitoring inspection.
(k) A contractor or employee performing job duties relating
to the installation, operation, or maintenance of video recording
equipment or the retention of recorded videos who incidentally
views a video is not in violation of Subsection (j).
(l) The executive commissioner may adopt rules to implement
and administer this section.
SECTION 2. Notwithstanding Section 42.0429, Human
Resources Code, as added by this Act, a day-care center is not
required to be equipped with video recording equipment as required
by that section before January 1, 2020.
SECTION 3. This Act takes effect September 1, 2019.