Bill Text: TX HB1568 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the placement and use of video recording equipment in certain child-care facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-12-10 - Filed [HB1568 Detail]
Download: Texas-2025-HB1568-Introduced.html
| 89R5525 DNC-D | ||
| By: Hernandez | H.B. No. 1568 | |
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| 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, 2026. | ||
| SECTION 3. This Act takes effect September 1, 2025. | ||
