86R11913 MM-F

By: Johnson of Harris H.B. No. 3381

A BILL TO BE ENTITLED

AN ACT

relating to the placement and use of video recording equipment in vehicles used by 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 VEHICLES. (a) Each day-care center shall:

(1) place video recording equipment in each vehicle used by the center to transport more than two children who are under seven years of age; and

(2) record the inside of each vehicle described by Subdivision (1) during any time the vehicle is used to transport children.

(b) A day-care center is not required to operate video recording equipment required by this section when children are not present in a vehicle used by the day-care center.

(c) Video recording equipment required by this section must:

(1) visually monitor all areas of a vehicle used by the day-care center; and

(2) record video and audio from all areas of a vehicle used by the day-care center.

(d) Except as provided by Subsection (e), a day-care center shall retain video recorded from video recording equipment required by this section for at least 90 days after the date the video is recorded.

(e) If a person described by Subsection (f) 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.

(f) 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 (g). 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 an investigation of a report of alleged or suspected abuse or neglect of a child.

(g) 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 (f).

(h) 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.