Bill Text: TX HB3381 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the placement and use of video recording equipment in vehicles used by certain child-care facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-16 - Left pending in committee [HB3381 Detail]

Download: Texas-2019-HB3381-Introduced.html
  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.
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