86R905 MCK-D
 
  By: Hernandez H.B. No. 459
 
 
 
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 42.0429 to read as follows:
         Sec. 42.0429.  VIDEO SURVEILLANCE OF DAY-CARE CENTER. (a)
  Each day-care center shall:
               (1)  place video recording equipment in each area of
  the center occupied by children; and
               (2)  record each area described by Subdivision (1) any
  time children are present in the area.
         (b)  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.
         (c)  Except as provided by Subsection (d), video recording
  equipment required by this section must:
               (1)  visually monitor all areas of the day-care center
  occupied by children; and
               (2)  record video and audio from all areas of the
  day-care center occupied by children.
         (d)  The inside of a bathroom or any area in the day-care
  center in which a child's clothes 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.
         (e)  Except as provided by Subsection (f), a day-care center
  shall retain video recorded from video recording equipment required
  by this section for at least three months after the date the video
  is recorded.
         (f)  If a person described by Subsection (g) requests to view
  video recorded from video recording equipment required by this
  section, a day-care center shall retain the video from the date of
  receipt of the request until the person has viewed the video and a
  determination has been made as to whether the video documents an
  alleged incident. If the video documents an alleged incident, the
  center shall retain the video until the alleged incident has been
  resolved, including the exhaustion of all appeals.
         (g)  A video of a child recorded from video recording
  equipment required by this section is confidential and may not be
  released or viewed except as provided by this subsection or
  Subsection (h). 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
  department;
               (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 department, on request of the parent; or
               (3)  appropriate department personnel as part of an
  investigation of a report of alleged or suspected abuse or neglect
  of a child.
         (h)  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 (g).
         (i)  The executive commissioner may adopt rules to implement
  and administer this section.
         SECTION 2.  Notwithstanding Section 42.0429, Human
  Resources Code, as added by this Act, a day-care center is not
  required to be equipped with video recording equipment as required
  by that section before January 1, 2020.
         SECTION 3.  This Act takes effect September 1, 2019.