86R6392 MCK-D
By: Watson S.B. No. 707
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)
Each day-care center shall:
(1) place video recording equipment in each area of
the center occupied by children; and
(2) record each area described by Subdivision (1) any
time children are present in the area.
(b) 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.
(c) Except as provided by Subsection (d), video recording
equipment required by this section must:
(1) visually monitor all areas of the day-care center
occupied by children; and
(2) record video and audio from all areas of the
day-care center occupied by children.
(d) The inside of a bathroom or any area in the day-care
center in which a child's clothes 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.
(e) Except as provided by Subsection (f), a day-care center
shall retain video recorded from video recording equipment required
by this section for at least three months after the date the video
is recorded.
(f) If a person described by Subsection (g) requests to view
video recorded from video recording equipment required by this
section, a day-care center shall retain the video from the date of
receipt of the request until the person has viewed the video and a
determination has been 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 has been
resolved, including the exhaustion of all appeals.
(g) 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 (h). 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 an investigation of a report of
alleged or suspected abuse or neglect of a child.
(h) 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 (g).
(i) 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.