88R6322 BDP-D
By: Hernandez H.B. No. 1727
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 42.04292 to read as follows:
Sec. 42.04292. VIDEO RECORDING EQUIPMENT IN DAY-CARE
CENTERS. (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 subject to this section 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) A day-care center inside of or connected to a school,
office building, or other facility 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 stop video recording
in 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 in
the area once the area is no longer used for those purposes.
(h) Except as provided by Subsection (i), a day-care center
shall retain recorded video 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
recorded video required by this section, a day-care center shall
retain the video from the date of the request until the person views
the video and a determination is made on whether the video documents
an alleged incident. The center shall retain a video that documents
an alleged incident until the alleged incident is resolved,
including the exhaustion of all appeals.
(j) A recorded video 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 42.04292, Human
Resources Code, as added by this Act, a day-care center is not
required to be equipped with and operate video recording equipment
as required by that section before January 1, 2024.
SECTION 3. This Act takes effect September 1, 2023.