Texas 2023 - 88th Regular

Texas Senate Bill SB1098 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1098
2	2
3	3
4	4	AN ACT
5	5	relating to the rights of a parent or guardian with a child in
6	6	certain child-care facilities.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. This Act may be cited as the Kairo and the Kids'
9	9	Law.
10	10	SECTION 2. Subchapter C, Chapter 42, Human Resources Code,
11	11	is amended by adding Section 42.04271 to read as follows:
12	12	Sec. 42.04271. RIGHTS OF PARENT OR GUARDIAN WITH CHILD IN
13	13	CERTAIN CHILD-CARE FACILITIES. (a) This section applies only to a
14	14	day-care center, group day-care home, before-school program,
15	15	after-school program, school-age program, or registered family
16	16	home.
17	17	(b) A parent or guardian of a child at a child-care facility
18	18	has the right to:
19	19	(1) enter and examine the child-care facility during
20	20	the facility's hours of operation without advance notice;
21	21	(2) file a complaint against the child-care facility;
22	22	(3) review the child-care facility's publicly
23	23	accessible records;
24	24	(4) review the child-care facility's written records
25	25	concerning the parent's or guardian's child;
26	26	(5) receive from the child-care facility the
27	27	commission's inspection reports for the child-care facility and
28	28	information about how to access the child-care facility's
29	29	compliance history online;
30	30	(6) have the child-care facility comply with a court
31	31	order preventing another parent or guardian from visiting or
32	32	removing the parent's or guardian's child;
33	33	(7) be provided the contact information for the
34	34	division responsible for regulating the child-care facility,
35	35	including the division's name, address, and phone number;
36	36	(8) inspect any video recordings of an alleged
37	37	incident of abuse or neglect involving the parent's or guardian's
38	38	child, provided that:
39	39	(A) video recordings of the alleged incident are
40	40	available;
41	41	(B) the parent or guardian of the child is not
42	42	allowed to retain any part of the video recording depicting a child
43	43	who is not the parent's or guardian's child; and
44	44	(C) the parent or guardian of any other child
45	45	captured in the video recording receives notice from the facility
46	46	under Subsection (c);
47	47	(9) obtain a copy of the child-care facility's
48	48	policies and procedures;
49	49	(10) review, on the request of the parent or guardian,
50	50	the facility's:
51	51	(A) staff training records; and
52	52	(B) any in-house staff training curriculum used
53	53	by the facility; and
54	54	(11) be free from any retaliatory action by the
55	55	child-care facility for exercising any of the parent's or
56	56	guardian's rights.
57	57	(c) Before allowing a parent or guardian to inspect a video
58	58	recording under Subsection (b)(8), a child-care facility must
59	59	provide written notice to the parent or guardian of any other child
60	60	captured in the video recording.
61	61	(d) This section does not affect the ability of a law
62	62	enforcement agency or the department to access a video recording as
63	63	part of an investigation of an incident depicted in the video
64	64	recording.
65	65	(e) A child-care facility shall provide the parent or
66	66	guardian of the child with a written copy of the rights listed in
67	67	Subsection (b) not later than the child's first day at the facility.
68	68	SECTION 3. Not later than September 30, 2023, a child-care
69	69	facility shall provide the information required by Section
70	70	42.04271, Human Resources Code, as added by this Act, to the parent
71	71	or guardian of each child enrolled at the facility on the effective
72	72	date of this Act.
73	73	SECTION 4. This Act takes effect September 1, 2023.
74	74	______________________________ ______________________________
75	75	President of the Senate Speaker of the House
76	76	I hereby certify that S.B. No. 1098 passed the Senate on
77	77	April 27, 2023, by the following vote: Yeas 30, Nays 1; and that
78	78	the Senate concurred in House amendment on May 27, 2023, by the
79	79	following vote: Yeas 30, Nays 1.
80	80	______________________________
81	81	Secretary of the Senate
82	82	I hereby certify that S.B. No. 1098 passed the House, with
83	83	amendment, on May 24, 2023, by the following vote: Yeas 137,
84	84	Nays 1, one present not voting.
85	85	______________________________
86	86	Chief Clerk of the House
87	87	Approved:
88	88	______________________________
89	89	Date
90	90	______________________________
91	91	Governor