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.
Sponsorship: Partisan Bill (Democrat 1)
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. | ||
