87R2858 MCK-D     By: Hernandez H.B. No. 1073       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 42.04291 to read as follows:          Sec. 42.04291.  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 42.04291, 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, 2022.          SECTION 3.  This Act takes effect September 1, 2021.