Bill Text: TX SB707 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the placement and use of video recording equipment in certain child-care facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-01 - Referred to Health & Human Services [SB707 Detail]
Download: Texas-2019-SB707-Introduced.html
86R6392 MCK-D | ||
By: Watson | S.B. No. 707 |
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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 | ||
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. | ||
(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. |