Texas 2019 - 86th Regular

Texas Senate Bill SB707 Compare Versions

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

Old	New	Differences
1	1	86R6392 MCK-D
2	2	By: Watson S.B. No. 707
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	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. (a)
13	13	Each day-care center shall:
14	14	(1) place video recording equipment in each area of
15	15	the center occupied by children; and
16	16	(2) record each area described by Subdivision (1) any
17	17	time children are present in the area.
18	18	(b) A day-care center is not required to operate video
19	19	recording equipment required by this section when children are not
20	20	present in the day-care center.
21	21	(c) Except as provided by Subsection (d), video recording
22	22	equipment required by this section must:
23	23	(1) visually monitor all areas of the day-care center
24	24	occupied by children; and
25	25	(2) record video and audio from all areas of the
26	26	day-care center occupied by children.
27	27	(d) The inside of a bathroom or any area in the day-care
28	28	center in which a child's clothes are changed may not be visually
29	29	monitored, except for incidental coverage of a minor portion of a
30	30	bathroom or changing area because of the layout of the center.
31	31	(e) Except as provided by Subsection (f), a day-care center
32	32	shall retain video recorded from video recording equipment required
33	33	by this section for at least three months after the date the video
34	34	is recorded.
35	35	(f) If a person described by Subsection (g) requests to view
36	36	video recorded from video recording equipment required by this
37	37	section, a day-care center shall retain the video from the date of
38	38	receipt of the request until the person has viewed the video and a
39	39	determination has been made as to whether the video documents an
40	40	alleged incident. If the video documents an alleged incident, the
41	41	center shall retain the video until the alleged incident has been
42	42	resolved, including the exhaustion of all appeals.
43	43	(g) A video of a child recorded from video recording
44	44	equipment required by this section is confidential and may not be
45	45	released or viewed except as provided by this subsection or
46	46	Subsection (h). A day-care center shall release a video for viewing
47	47	by:
48	48	(1) an employee who is involved in an alleged incident
49	49	that is documented by the video and has been reported to the
50	50	commission;
51	51	(2) a parent of a child who is involved in an alleged
52	52	incident that is documented by the video and has been reported to
53	53	the commission, on request of the parent; or
54	54	(3) appropriate commission, department, or law
55	55	enforcement personnel as part of an investigation of a report of
56	56	alleged or suspected abuse or neglect of a child.
57	57	(h) A contractor or employee performing job duties relating
58	58	to the installation, operation, or maintenance of video recording
59	59	equipment or the retention of recorded videos who incidentally
60	60	views a video is not in violation of Subsection (g).
61	61	(i) The executive commissioner may adopt rules to implement
62	62	and administer this section.
63	63	SECTION 2. Notwithstanding Section 42.0429, Human
64	64	Resources Code, as added by this Act, a day-care center is not
65	65	required to be equipped with video recording equipment as required
66	66	by that section before January 1, 2020.
67	67	SECTION 3. This Act takes effect September 1, 2019.