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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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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; and |
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(2) record each area described by Subdivision (1) any |
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time children are present in the area. |
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(b) 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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(c) Except as provided by Subsection (d), video recording |
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equipment required by this section must: |
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(1) visually monitor all areas of the day-care center |
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occupied by children; and |
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(2) record video and audio from all areas of the |
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day-care center occupied by children. |
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(d) The inside of a bathroom or any area in the day-care |
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center in which a child's clothes 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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(e) Except as provided by Subsection (f), 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 three months after the date the video |
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is recorded. |
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(f) If a person described by Subsection (g) 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 of |
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receipt of the request until the person has viewed the video and a |
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determination has been made as to whether the video documents an |
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alleged incident. If the video documents an alleged incident, the |
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center shall retain the video until the alleged incident has been |
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resolved, including the exhaustion of all appeals. |
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(g) 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 (h). 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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department; |
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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 department, on request of the parent; or |
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(3) appropriate department personnel as part of an |
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investigation of a report of alleged or suspected abuse or neglect |
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of a child. |
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(h) 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 (g). |
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(i) 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. |