| 1 | 1 | | 88R6322 BDP-D |
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| 2 | 2 | | By: Hernandez H.B. No. 1727 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the placement and use of video recording equipment in |
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| 8 | 8 | | certain child-care facilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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| 11 | 11 | | is amended by adding Section 42.04292 to read as follows: |
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| 12 | 12 | | Sec. 42.04292. VIDEO RECORDING EQUIPMENT IN DAY-CARE |
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| 13 | 13 | | CENTERS. (a) This section applies only to a day-care center that |
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| 14 | 14 | | provides care for children who are two years of age or younger. |
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| 15 | 15 | | (b) Each day-care center subject to this section shall: |
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| 16 | 16 | | (1) place video recording equipment in each area of |
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| 17 | 17 | | the center occupied by children who are two years of age or younger; |
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| 18 | 18 | | and |
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| 19 | 19 | | (2) record each area described by Subdivision (1) any |
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| 20 | 20 | | time children who are two years of age or younger are present in the |
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| 21 | 21 | | area. |
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| 22 | 22 | | (c) A day-care center inside of or connected to a school, |
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| 23 | 23 | | office building, or other facility is only required to record areas |
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| 24 | 24 | | used by the center as classrooms. |
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| 25 | 25 | | (d) A day-care center is not required to operate video |
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| 26 | 26 | | recording equipment required by this section when children are not |
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| 27 | 27 | | present in the day-care center. |
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| 28 | 28 | | (e) Except as provided by Subsections (f) and (g), video |
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| 29 | 29 | | recording equipment required by this section must visually monitor |
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| 30 | 30 | | and record video in all areas of the day-care center occupied by |
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| 31 | 31 | | children who are two years of age or younger. |
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| 32 | 32 | | (f) The inside of a bathroom or any area in the day-care |
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| 33 | 33 | | center, other than the main instructional area of a classroom, in |
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| 34 | 34 | | which a child's clothes or diapers are changed may not be visually |
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| 35 | 35 | | monitored, except for incidental coverage of a minor portion of a |
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| 36 | 36 | | bathroom or changing area because of the layout of the center. |
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| 37 | 37 | | (g) A day-care center may temporarily stop video recording |
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| 38 | 38 | | in the main instructional area of a classroom while that area is |
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| 39 | 39 | | used by children to change clothes or by staff to change a child's |
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| 40 | 40 | | clothes or diaper. The day-care center shall resume recording in |
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| 41 | 41 | | the area once the area is no longer used for those purposes. |
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| 42 | 42 | | (h) Except as provided by Subsection (i), a day-care center |
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| 43 | 43 | | shall retain recorded video required by this section for at least 30 |
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| 44 | 44 | | days after the date the video is recorded. |
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| 45 | 45 | | (i) If a person described by Subsection (j) requests to view |
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| 46 | 46 | | recorded video required by this section, a day-care center shall |
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| 47 | 47 | | retain the video from the date of the request until the person views |
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| 48 | 48 | | the video and a determination is made on whether the video documents |
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| 49 | 49 | | an alleged incident. The center shall retain a video that documents |
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| 50 | 50 | | an alleged incident until the alleged incident is resolved, |
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| 51 | 51 | | including the exhaustion of all appeals. |
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| 52 | 52 | | (j) A recorded video required by this section is |
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| 53 | 53 | | confidential and may not be released or viewed except as provided by |
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| 54 | 54 | | this subsection or Subsection (k). A day-care center shall release |
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| 55 | 55 | | a video for viewing by: |
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| 56 | 56 | | (1) an employee who is involved in an alleged incident |
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| 57 | 57 | | that is documented by the video and has been reported to the |
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| 58 | 58 | | commission; |
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| 59 | 59 | | (2) a parent of a child who is involved in an alleged |
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| 60 | 60 | | incident that is documented by the video and has been reported to |
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| 61 | 61 | | the commission, on request of the parent; or |
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| 62 | 62 | | (3) appropriate commission, department, or law |
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| 63 | 63 | | enforcement personnel as part of: |
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| 64 | 64 | | (A) an investigation of a report of alleged or |
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| 65 | 65 | | suspected abuse or neglect of a child or of a violation of a |
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| 66 | 66 | | licensing standard; or |
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| 67 | 67 | | (B) a monitoring inspection. |
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| 68 | 68 | | (k) A contractor or employee performing job duties relating |
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| 69 | 69 | | to the installation, operation, or maintenance of video recording |
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| 70 | 70 | | equipment or the retention of recorded videos who incidentally |
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| 71 | 71 | | views a video is not in violation of Subsection (j). |
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| 72 | 72 | | (l) The executive commissioner may adopt rules to implement |
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| 73 | 73 | | and administer this section. |
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| 74 | 74 | | SECTION 2. Notwithstanding Section 42.04292, Human |
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| 75 | 75 | | Resources Code, as added by this Act, a day-care center is not |
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| 76 | 76 | | required to be equipped with and operate video recording equipment |
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| 77 | 77 | | as required by that section before January 1, 2024. |
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| 78 | 78 | | SECTION 3. This Act takes effect September 1, 2023. |
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