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A BILL TO BE ENTITLED
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AN ACT
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relating to the placement and use of video recording equipment in |
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certain child-care facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.0429 to read as follows: |
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Sec. 42.0429. VIDEO SURVEILLANCE OF DAY-CARE CENTER. (a) |
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This section applies only to a day-care center that provides care |
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for children who are two years of age or younger. |
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(b) Each day-care center shall: |
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(1) place video recording equipment in each area of |
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the center occupied by children who are two years of age or younger; |
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and |
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(2) record each area described by Subdivision (1) any |
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time children who are two years of age or younger are present in the |
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area. |
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(c) If a day-care center is inside of or connected to a |
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school, office building, or other facility, the day-care center is |
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only required to record areas used by the center as classrooms. |
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(d) A day-care center is not required to operate video |
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recording equipment required by this section when children are not |
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present in the day-care center. |
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(e) Except as provided by Subsections (f) and (g), video |
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recording equipment required by this section must visually monitor |
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and record video in all areas of the day-care center occupied by |
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children who are two years of age or younger. |
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(f) The inside of a bathroom or any area in the day-care |
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center other than the main instructional area of a classroom in |
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which a child's clothes or diapers are changed may not be visually |
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monitored, except for incidental coverage of a minor portion of a |
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bathroom or changing area because of the layout of the center. |
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(g) A day-care center may temporarily turn off video |
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recording equipment that is visually monitoring the main |
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instructional area of a classroom while that area is used by |
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children to change clothes or by staff to change a child's clothes |
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or diaper. The day-care center shall resume recording the main |
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instructional area once the area is no longer used for those |
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purposes. |
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(h) Except as provided by Subsection (i), a day-care center |
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shall retain video recorded from video recording equipment required |
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by this section for at least 30 days after the date the video is |
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recorded. |
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(i) If a person described by Subsection (j) requests to view |
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video recorded from video recording equipment required by this |
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section, a day-care center shall retain the video from the date the |
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request is received until the person views the video and a |
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determination is made as to whether the video documents an alleged |
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incident. If the video documents an alleged incident, the center |
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shall retain the video until the alleged incident is resolved, |
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including the exhaustion of all appeals. |
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(j) A video of a child recorded from video recording |
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equipment required by this section is confidential and may not be |
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released or viewed except as provided by this subsection or |
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Subsection (k). A day-care center shall release a video for viewing |
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by: |
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(1) an employee who is involved in an alleged incident |
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that is documented by the video and has been reported to the |
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commission; |
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(2) a parent of a child who is involved in an alleged |
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incident that is documented by the video and has been reported to |
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the commission, on request of the parent; or |
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(3) appropriate commission, department, or law |
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enforcement personnel as part of: |
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(A) an investigation of a report of alleged or |
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suspected abuse or neglect of a child or of a violation of a |
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licensing standard; or |
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(B) a monitoring inspection. |
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(k) A contractor or employee performing job duties relating |
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to the installation, operation, or maintenance of video recording |
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equipment or the retention of recorded videos who incidentally |
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views a video is not in violation of Subsection (j). |
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(l) The executive commissioner may adopt rules to implement |
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and administer this section. |
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SECTION 2. Notwithstanding Section 42.0429, Human |
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Resources Code, as added by this Act, a day-care center is not |
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required to be equipped with video recording equipment as required |
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by that section before January 1, 2020. |
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SECTION 3. This Act takes effect September 1, 2019. |