Texas daycare rules, explained

Texas daycares follow “minimum standards” in Title 26 of the Texas Administrative Code. These are the 150 rule sections cited most often statewide in the state’s records; together they make up 89% of daycare citations in Texas and 15,989 of the 18,154 citations at Houston daycares between Oct 20, 2021 and Oct 20, 2026.

Each summary says what the rule requires, written from the rule text; it does not say anything about any particular daycare. Rule numbers in records include sub-items, such as 746.1205(a)(4); this page groups them by section.

Jump to: Background checks · Building, equipment, and products · Child-to-caregiver ratios and group sizes · Daily activities and screen time · Diapering · Discipline and guidance · Emergency drills and plans · Enrollment and attendance records · Fire inspections and fire equipment · Handwashing and sanitation · Immunizations and health statements · Incident reports and notices to the state · Infant and toddler care · Licensing, postings, and management · Meals and food allergies · Medication and first aid · Playgrounds and play equipment · Policies and communication with parents · Sleep and nap time · Staff files and required records · Staff qualifications · Staff training and certifications · Supervision and caregiver duties · Transportation · Other rules cited in Houston

Background checks

RuleWhat it requiresHouston
745.641
#6 statewide
Background check clearance before a person can be present
An operation must get notice from the state's background check unit that a person is eligible, eligible with conditions, or provisionally eligible with conditions before letting that person be at the operation. While waiting, the person may attend orientation or pre-service training only if they have no contact with children in care. Official rule text
Most-cited item: 745.641 (2,623 times statewide)
352
745.621
#46 statewide
When background checks must be requested
An operation must request a background check when it applies for a permit, hires someone, contracts with someone who needs a check, has a resident age 14 or older move in or a resident who is about to turn or has just turned 14, or learns of anyone else who needs a check. Checks must be renewed within five years for fingerprint-based checks or two years for name-based checks, and also when the person moves to another state or takes a role that requires fingerprints. Official rule text
Most-cited item: 745.621(a)(2) (263 times statewide)
81
745.651
#61 statewide
Updating the background check list when people leave
When a person with a background check stops being associated with the operation, the operation must mark them inactive within seven days. It must also confirm its current list of people with background checks every three months, or once a year for licensed and registered child-care homes and listed family homes. Official rule text
Most-cited item: 745.651(1) (245 times statewide)
60
745.635
#74 statewide
Acting on background check results
If the state's background check unit finds a person ineligible, the operation must immediately remove that person from the operation and confirm it received the notice. If the person is eligible or provisionally eligible with conditions, the operation must limit the person's duties to follow those conditions. Official rule text
Most-cited item: 745.635(3) (314 times statewide)
46

Building, equipment, and products

RuleWhat it requiresHouston
746.3407
#2 statewide
Cleaning and upkeep of the building, grounds, and equipment
The center must clean, repair, and maintain its building, grounds, and equipment to protect children's health. This includes sanitizing toys that children put in their mouths, keeping garbage out of children's reach, keeping floors, walls, and ceilings clean and in good repair, and labeling cleaning supplies and storing them away from food and out of children's reach. Official rule text · Last revised September 2016
Most-cited item: 746.3407 (1,785 times statewide)
602
746.3701
#12 statewide
Keeping children's areas free of hazards
All areas children can reach must be free of hazards. The rule lists examples such as childproof covers on outlets for children under five, heaters and fans mounted out of reach or guarded, poisonous plants kept out of reach, pools, buckets, and other water kept away from children, and TVs anchored so they cannot tip over. Official rule text · Last revised September 2024
Most-cited item: 746.3701 (1,253 times statewide)
332
747.3501
#34 statewide
Keeping children's areas free of hazards (child-care homes)
All areas children can reach in the home must be free of hazards. The rule lists examples such as childproof covers on outlets for children under five, heaters and fans mounted out of reach or guarded, poisonous plants kept out of reach, and pools, buckets, and other water kept away from children. Official rule text · Last revised September 2024
Most-cited item: 747.3501 (547 times statewide)
226
746.4135
#40 statewide
Recalled children's products
The center must check the U.S. Consumer Product Safety Commission recall list and keep recalled children's products out of the center, except antiques or items being repaired that children cannot use or reach. Each year it must certify in writing on a state form that it has done this, and it must post a notice telling parents and staff how to find the recall list. Official rule text · Last revised March 2010
Most-cited item: 746.4135(b) (684 times statewide)
89
747.3203
#50 statewide
Cleaning and upkeep of the home, grounds, and equipment
The child-care home must clean, repair, and maintain the home, grounds, and equipment to protect children's health. This includes sanitizing toys that children put in their mouths, keeping garbage out of children's reach, keeping floors, walls, and ceilings clean and in good repair, and labeling cleaning supplies and storing them away from food and out of children's reach. Official rule text · Last revised April 2017
Most-cited item: 747.3203 (255 times statewide)
89
747.3935
#57 statewide
Recalled children's products (child-care homes)
The child-care home must check the U.S. Consumer Product Safety Commission recall list and keep recalled children's products out of the home, except antiques or items being repaired that children cannot use or reach. Each year it must certify in writing on a state form that it has done this, and it must post a notice telling parents and staff how to find the recall list. Official rule text · Last revised March 2010
Most-cited item: 747.3935(b) (416 times statewide)
90
746.4501
#106 statewide
Tables and chairs for children
The rule requires tables and chairs used by children to be "safe," easy to clean, and the right height and size for each age group. If the manufacturer requires straps on a chair, they must be fastened whenever a child uses it. Official rule text · Last revised April 2017
Most-cited item: 746.4501(b) (233 times statewide)
43

Child-to-caregiver ratios and group sizes

RuleWhat it requiresHouston
746.1601
#20 statewide
How many children one caregiver may supervise
In centers licensed for 13 or more children, one caregiver may supervise at most 4 infants under 12 months, 5 children 12 to 17 months, 9 children 18 to 23 months, 11 two-year-olds, 15 three-year-olds, 18 four-year-olds, 22 five-year-olds, or 26 children ages 6 to 13. The limit is based on the group's specified age as the rules define it. Official rule text (single-rule page) · Last revised September 2003
Most-cited item: 746.1601 (1,491 times statewide)
187
746.1605
#51 statewide
Grouping infants with older children
In a center with 13 or more children in care, infants may be grouped with older children only if the oldest child in the group is no more than 18 months older than the youngest. Centers with 12 or fewer children in care may combine ages under a separate rule. Official rule text · Last revised March 2023
Most-cited item: 746.1605(1) (403 times statewide)
72
746.1613
#102 statewide
Reduced caregiver ratio at naptime
When 13 or more children are in care, the center may reduce the naptime child-to-caregiver ratio by 50% for children 18 months and older, but only if those groups nap together in one central location and the caregivers stay in the napping room or area. Extra employees must be in the building (at least one when one caregiver supervises the nap group, or one for every two nap caregivers, rounded up, when more are needed), and the caregivers must be able to call them without leaving the room. Official rule text · Last revised September 2003
Most-cited item: 746.1613(a) (108 times statewide)
21
746.1609
#134 statewide
Maximum group size
When 13 or more children are in care, a group, even with two or more caregivers, may have at most 10 infants under 12 months, 13 children 12 to 17 months, 18 children 18 to 23 months, 22 two-year-olds, 30 three-year-olds, or 35 children ages four through 13. The limit is based on the group's specified age. Official rule text (single-rule page) · Last revised September 2003
Most-cited item: 746.1609 (153 times statewide)
22
747.1701
#138 statewide
How many children a registered home may care for
Not counting children five or older in care after school hours, a registered child-care home may care for no more than six children at a time, at most four of them under 18 months; adding those after-school children, the total may reach 12, counting children related to the caregiver. The total cap falls as the number under 18 months rises: 10 with one, 8 with two, 7 with three, and 6 with four. Official rule text (single-rule page) · Last revised September 2003
Most-cited item: 747.1701 (144 times statewide)
16

Daily activities and screen time

RuleWhat it requiresHouston
746.2207
#30 statewide
Screen time limits
Centers may not use screen time for children under two. For older children, screen time may only add to other activities, not replace them, and it must be tied to planned learning goals, age-appropriate, no more than one hour a day, free of ads and violence, and not used during meals, snacks, naps, or rest times. Official rule text · Last revised March 2021
Most-cited item: 746.2207(a) (479 times statewide)
147
747.2105
#91 statewide
Screen time limits (child-care homes)
Child-care homes may not use screen time for children under two. For older children, screen time may only add to other activities, not replace them, and it must be tied to planned learning goals, age-appropriate, no more than one hour a day, free of ads and violence, and not used during meals, snacks, naps, or rest times. Official rule text · Last revised March 2021
Most-cited item: 747.2105(a) (226 times statewide)
53
746.2203
#113 statewide
Written activity plans
The center, the director, or each caregiver must write an activity plan that meets the state's content requirements, and the caregivers for each group must follow it. The plan must include every child in the group, including children with special care needs. Official rule text · Last revised March 2021
Most-cited item: 746.2203(a) (136 times statewide)
19
747.2102
#131 statewide
Written activity plans (child-care homes)
The child-care home must write and follow an activity plan that meets the state's content requirements. The plan must include every child in the group, including children with special care needs. Official rule text · Last revised December 2010
Most-cited item: 747.2102(a) (159 times statewide)
19
746.2205
#132 statewide
What a written activity plan must include
A written activity plan must name the group and the dates it covers and outline the specific daily activities. It must give children enough time to progress at their own pace and avoid long waits or long stretches of sitting or standing, and any screen time in the plan must come with other choices for children who do not want to take part. Official rule text · Last revised March 2021
Most-cited item: 746.2205(a)(1) (81 times statewide)
12
746.2206
#148 statewide
Activities required in the daily plan
The daily activity plan must include at least two chances for outdoor play each day when weather permits, with at least 60 minutes outdoors in total for infants 13 months and older, toddlers, and pre-K children (younger infants as tolerated), plus at least 60 minutes of active play for toddlers and 90 minutes for pre-K children. It must also include child-chosen and caregiver-led activities, regular meals and snacks, and supervised nap or rest time. Official rule text · Last revised March 2021
Most-cited item: 746.2206(1) (69 times statewide)
12
746.2209
#150 statewide
Posting the activity plan
The center must post each group's activity plan in a prominent place where parents and others can see it. Official rule text · Last revised September 2003
Most-cited item: 746.2209 (121 times statewide)
16

Diapering

RuleWhat it requiresHouston
746.3503
#59 statewide
Diaper-changing equipment
The center must have a smooth, non-absorbent, easy-to-clean diaper-changing surface and a hand-washing sink in the diapering area, and may not change diapers where children play or eat. When a child is on a raised changing surface, the caregiver must use a guard such as raised sides, keep a hand on the child, or stay facing the child within arm's reach. Official rule text · Last revised April 2017
Most-cited item: 746.3503(a) (378 times statewide)
82
746.3505
#71 statewide
Hygiene steps when diapering
Caregivers must wash their own hands, wash the child's hands after each diaper change, throw away disposable gloves after each change, and sanitize the changing surface after each use (or use a disposable paper liner between back-to-back changes). Soiled diapers must go in covered or sealed containers, soiled clothing must go home in a sealed plastic bag, and caregivers with open wounds or casts or bandages that get in the way of handwashing may not change diapers. Official rule text · Last revised September 2016
Most-cited item: 746.3505(e) (185 times statewide)
54
746.3501
#98 statewide
Steps for changing diapers
Caregivers must change wet or soiled diapers and clothing promptly, clean and dry the child with individual cloths or disposable towels, and keep diapering supplies out of children's reach. Powders, creams, ointments, or lotions may only be used with the parent's written permission (or when the parent supplies them) and must be labeled with the child's name. Official rule text · Last revised April 2017
Most-cited item: 746.3501(1) (123 times statewide)
32

Discipline and guidance

RuleWhat it requiresHouston
746.2805
#5 statewide
Prohibited punishments
No child may be treated in a harsh, cruel, or unusual way. Banned methods include physical punishment or threats of it, punishment tied to food, naps, or toilet training, grabbing or pulling a child, yelling at or humiliating a child, and putting a child in a locked or dark room. Official rule text · Last revised March 2023
Most-cited item: 746.2805(3) (781 times statewide)
235
746.2803
#76 statewide
Allowed methods of discipline
Discipline must fit each child, be consistent and suited to the child's understanding, and aim to teach acceptable behavior and self-control through positive methods such as praise, clear daily reminders of expectations, and redirection. A brief supervised time out may be used when it suits the child's age and development, but for no more than one minute per year of the child's age. Official rule text · Last revised April 2017
Most-cited item: 746.2803(4) (144 times statewide)
20

Emergency drills and plans

RuleWhat it requiresHouston
746.5205
#19 statewide
Fire, weather, and lock-down drills
The center must hold a fire drill every month, and the children must be able to get out of the building within three minutes. It must also hold a severe-weather sheltering drill and a lock-down drill at least four times a year each, and record the date, time, and length of every drill. Official rule text · Last revised September 2016
Most-cited item: 746.5205(1) (789 times statewide)
173
747.5005
#37 statewide
Fire, weather, and lock-down drills (child-care homes)
The child-care home must hold a fire drill every month, and the children must be able to get out of the home within three minutes. It must also hold a severe-weather sheltering drill and a lock-down drill at least four times a year each. Official rule text · Last revised September 2016
Most-cited item: 747.5005(1) (580 times statewide)
203
746.5202
#67 statewide
What the emergency plan must include
The center's written emergency plan must explain how staff will evacuate, relocate, or shelter and lock down children, including children under 24 months and those who need extra help, and how every child will be accounted for. It must also cover how the center will contact authorities and parents, bring each child's emergency contacts and medical authorization, keep caring for children until they are picked up, and reunite them with parents. Official rule text · Last revised September 2016
Most-cited item: 746.5202(1) (302 times statewide)
130
744.3559
#75 statewide
Fire, weather, and lock-down drills (school-age programs)
The program must hold a fire drill every month, and the children must be able to get out of the building within three minutes. It must also hold a severe-weather sheltering drill and a lock-down drill at least four times a year each, and record the date, time, and length of every drill. Official rule text · Last revised September 2016
Most-cited item: 744.3559(1) (207 times statewide)
37
747.5003
#90 statewide
What the emergency plan must include (child-care homes)
The home's written emergency plan must explain how children will be evacuated, relocated, or sheltered and locked down, including children under 24 months and those who need extra help, and how every child will be accounted for. It must also cover how the home will contact authorities and parents, bring each child's emergency contacts and medical authorization, keep caring for children until they are picked up, and reunite them with parents. Official rule text · Last revised September 2016
Most-cited item: 747.5003(1) (223 times statewide)
78
746.5207
#99 statewide
Emergency evacuation diagram
The center must keep an emergency diagram on file showing its floor plan, two exit paths from each room (unless the room opens straight outside at ground level), the outdoor meeting spot, and the indoor spot for sheltering from severe weather. A copy must be posted near the entrance or exit of every room children use, where children and staff can easily see it. Official rule text · Last revised September 2016
Most-cited item: 746.5207(b) (140 times statewide)
65

Enrollment and attendance records

RuleWhat it requiresHouston
746.603
#3 statewide
Records kept for each child
The center must keep a record for each enrolled child, including the enrollment agreement, admission information, a health statement from a health-care professional, and immunization records, plus items such as sign-in and sign-out records and medication records when they apply. These records must be kept at the center, available during operating hours, generally until three months after the child's last day. Official rule text · Last revised April 2017
Most-cited item: 746.603(a)(4) (1,344 times statewide)
490
746.605
#11 statewide
Admission information for each child
Before admitting a child, the center must collect set information, including the child's name and birth date, how to reach the parents, an emergency contact for when parents can't be reached, the people allowed to pick up the child, and permission to get emergency medical care. It must also record the child's special care needs, any allergies with a food allergy emergency plan if needed, and permission for transportation, field trips, or water activities if the center offers them. Official rule text · Last revised September 2024
Most-cited item: 746.605(6) (810 times statewide)
516
747.603
#18 statewide
Records kept for each child (child-care homes)
The child-care home must keep a record for each enrolled child, including the enrollment agreement, admission information, a health statement from a health-care professional, and immunization records, plus items such as medication records when they apply. These records must be kept at the home, available during operating hours, generally until three months after the child's last day. Official rule text · Last revised April 2017
Most-cited item: 747.603(a)(3) (584 times statewide)
387
747.605
#27 statewide
Admission information for each child (child-care homes)
Before admitting a child, the home must collect set information, including the child's name and birth date, how to reach the parents, an emergency contact for when parents can't be reached, the people allowed to pick up the child, and permission to get emergency medical care. It must also record the child's special care needs, any allergies with a food allergy emergency plan if needed, and permission for transportation, field trips, or water activities if the home offers them. Official rule text · Last revised September 2024
Most-cited item: 747.605(6) (306 times statewide)
295
744.605
#66 statewide
Admission information for each child (school-age programs)
Before admitting a child, the program must collect set information, including the child's name and birth date, how to reach the parents, an emergency contact, the people allowed to pick up the child, and permission to get emergency medical care. It must also record the child's special care needs, any allergies with a food allergy emergency plan if needed, the child's school, and permission for things like riding a bus, walking home, transportation, field trips, or water activities when they apply. Official rule text · Last revised September 2024
Most-cited item: 744.605(6) (145 times statewide)
65
746.631
#115 statewide
Sign-in and sign-out tracking
The center must have a system that tracks each child's arrival and departure every day, with the child's name, the date and times, and the initials or unique code of the employee or parent. All caregivers must be able to use it to see which children are in care during their shift, at caregiver changes, and during an evacuation. Official rule text · Last revised April 2017
Most-cited item: 746.631(a) (187 times statewide)
62
747.635
#123 statewide
Attendance records (child-care homes)
The child-care home must keep an attendance record for each child, such as a sign-in and sign-out log or an attendance chart. Records for the past three months must be kept and shown to the state on request. Official rule text · Last revised September 2003
Most-cited item: 747.635(a) (173 times statewide)
58

Fire inspections and fire equipment

RuleWhat it requiresHouston
746.5101
#7 statewide
Annual fire inspection
The center must have a fire inspection by a state or local fire marshal before its first permit is issued and at least once every 12 months. Centers in public school buildings run by the local school district are exempt, and if no inspection is available the center must get written proof of that from a fire marshal or county judge. Official rule text · Last revised December 2010
Most-cited item: 746.5101(a) (2,042 times statewide)
372
746.5307
#58 statewide
Monthly fire extinguisher checks
The director or a designee must inspect the fire extinguishers every month and record the date and the employee's name. Extinguishers must be serviced as the manufacturer or the fire marshal requires. Official rule text · Last revised September 2003
Most-cited item: 746.5307(b) (299 times statewide)
72
746.5401
#79 statewide
Gas leak inspection
A center that uses natural or LP gas must be inspected for gas leaks before its first permit and every two years after that, unless it is in a public school building run by the local school district. Official rule text · Last revised December 2010
Most-cited item: 746.5401 (389 times statewide)
41
746.5537
#93 statewide
Carbon monoxide detector checks
If the center uses electric or battery-operated carbon monoxide detectors, it must test them monthly, put in new batteries at least once a year, and record the dates and the name of the employee who did the work. If the detectors are tied into an alarm system, the monitoring company or fire marshal must test the system at least once a year, and the center must keep the latest report and make any fixes it calls for. Official rule text · Last revised January 2004
Most-cited item: 746.5537(a)(2) (194 times statewide)
43
747.5107
#101 statewide
Monthly fire extinguisher checks (child-care homes)
The child-care home must inspect all fire extinguishers every month, record the date, and keep that record at the home. Extinguishers must be serviced as needed and as the manufacturer or the fire marshal requires. Official rule text · Last revised April 2017
Most-cited item: 747.5107(b) (166 times statewide)
49
746.5103
#104 statewide
Keeping the fire inspection report
When a fire inspection is required, the center must keep a copy of the most recent fire inspection report, letter, or checklist at the center during operating hours. The report must show the inspection date and findings and include the inspector's name and phone number. Official rule text · Last revised December 2010
Most-cited item: 746.5103 (251 times statewide)
64
747.5105
#105 statewide
Mounting fire extinguishers (child-care homes)
Fire extinguishers must be mounted on the wall with a hanger or bracket, with the top no higher than five feet and the bottom at least four inches above the floor, unless the fire marshal or manufacturer gives different instructions. They must be readily available for immediate use by household members and caregivers. Official rule text · Last revised April 2017
Most-cited item: 747.5105 (248 times statewide)
71
746.5319
#129 statewide
Monthly smoke detector tests
The director or a designee must test all smoke detectors every month and record the date and the name of the employee who did the test. These records must be kept at the center for review during operating hours. Official rule text · Last revised September 2003
Most-cited item: 746.5319 (163 times statewide)
20
747.5103
#130 statewide
Fire extinguisher required (child-care homes)
The child-care home must have at least one 3A-40BC dry chemical fire extinguisher, or another extinguisher approved by a state or local fire marshal. Official rule text · Last revised April 2017
Most-cited item: 747.5103 (161 times statewide)
40
744.3501
#133 statewide
Annual fire inspection (school-age programs)
The program must have a fire inspection by a state or local fire marshal before its first permit is issued and at least once every 12 months. Programs in public school buildings run by the local school district are exempt, and if no inspection is available the program must get written proof of that from a fire marshal or county judge. Official rule text · Last revised September 2010
Most-cited item: 744.3501(a) (126 times statewide)
41
747.5111
#140 statewide
Smoke detection required (child-care homes)
The child-care home must have a working smoke-detection system, either an electronic alarm and smoke detection system or individual electric or battery-operated smoke detectors in each room children use. Official rule text · Last revised September 2003
Most-cited item: 747.5111 (142 times statewide)
46

Handwashing and sanitation

RuleWhat it requiresHouston
746.3401
#24 statewide
Annual sanitation inspection
The center must have a sanitation inspection by a local sanitation official before its first permit and at least once every 12 months, unless it is in a public school building run by the local school district. If no inspection is available, the center must get written proof of that from a sanitation official or county judge and keep it at the center. Official rule text · Last revised April 2017
Most-cited item: 746.3401(a) (1,218 times statewide)
167
746.3417
#41 statewide
When children must wash their hands
Children must wash their hands before eating and before water-table play, and after using the toilet or having a diaper changed, after outdoor activities, after playing in sand, and after feeding or touching animals. They must also wash any other time a caregiver has reason to believe they touched something that could harm them. Official rule text · Last revised September 2003
Most-cited item: 746.3417(3) (541 times statewide)
78
746.3415
#55 statewide
When employees must wash their hands
Employees must wash their hands at set times, including on arrival, before handling food or medication or feeding a child, after diapering or helping a child use the toilet, after their own toileting, and after wiping noses or handling other bodily fluids. They must also wash after outdoor activities, handling animals or raw food, eating or smoking, using cleaners or chemicals, and removing gloves. Official rule text · Last revised April 2017
Most-cited item: 746.3415(4) (341 times statewide)
54
747.3703
#62 statewide
Vaccination and health records for animals (child-care homes)
The child-care home must keep proof that its dogs and cats have the vaccinations Texas law requires. It must also have a statement of health from a local veterinarian for its animals, except small rodents such as guinea pigs, mice, and hamsters. Official rule text · Last revised December 2010
Most-cited item: 747.3703(a) (331 times statewide)
68

Immunizations and health statements

RuleWhat it requiresHouston
746.613
#26 statewide
Required immunizations
Each child from birth through age 14 must meet and keep meeting the state health department's immunization requirements, and the center must keep current immunization records, including any exemptions or exceptions. Required immunizations must be complete by the admission date, unless an exemption is verified by then or a homeless or foster child is admitted provisionally for up to 30 days. Official rule text · Last revised April 2017
Most-cited item: 746.613(b) (820 times statewide)
119
746.611
#45 statewide
Health statement for each child
For each child who does not attend pre-K or school away from the center, the center must have a health statement on file within one week of admission. This is usually a written statement from a health-care professional who examined the child in the past year saying the child can take part in the program; the rule also allows a parent's religious affidavit, or a parent's interim statement followed by the professional's statement within 12 months. Official rule text · Last revised March 2008
Most-cited item: 746.611(a)(1) (279 times statewide)
119
747.613
#80 statewide
Required immunizations (child-care homes)
Each child from birth through age 14 must meet and keep meeting the state health department's immunization requirements, and the home must keep current immunization records, including any exemptions or exceptions. Required immunizations must be complete by the admission date, unless an exemption is verified by then or a homeless or foster child is admitted provisionally for up to 30 days. Official rule text · Last revised April 2017
Most-cited item: 747.613(b) (248 times statewide)
43
747.611
#81 statewide
Health statement for each child (child-care homes)
For each child who does not attend pre-K or school away from the home, the child-care home must have a health statement within one week of admission. This is usually a written statement from a licensed health-care professional who examined the child in the past year saying the child can take part in the program; the rule also allows a parent's religious affidavit, or a parent's interim statement followed by the professional's statement within 12 months. Official rule text · Last revised September 2003
Most-cited item: 747.611(b) (193 times statewide)
76

Incident reports and notices to the state

RuleWhat it requiresHouston
746.305
#21 statewide
Events the center must report to the state
The center must tell the state licensing office as soon as possible, and within two days, about events such as a child injury that needs medical treatment or hospitalization, an illness that needs hospitalization, a reportable disease, the arrest or criminal charge of a person who needs a background check, or any unusual situation that puts a child at risk, such as a child left in a vehicle or wandering off. A child's death in care must be reported immediately. Official rule text · Last revised March 2023
Most-cited item: 746.305(a)(6) (791 times statewide)
140
746.303
#22 statewide
Reporting changes in leadership and staff turnover
The center must tell the state in writing within five days when its designee, the head of its governing body, their address, or its director changes. Each year by January 15, it must report online how many employees stopped working there during the previous year. Official rule text · Last revised December 2020
Most-cited item: 746.303(b) (1,309 times statewide)
288
746.701
#84 statewide
Incident and illness reports
The center must fill out the state's Incident/Illness Report form (or one with the same information) when a child has an injury needing medical treatment or hospitalization, an illness needing hospitalization, or an emergency allergic reaction that required a stock epinephrine auto-injector not prescribed to the child. It must also fill one out when a child or employee gets a reportable disease, or when any unusual situation put a child at risk, such as a child left in a vehicle or wandering off. Official rule text · Last revised March 2023
Most-cited item: 746.701(5) (271 times statewide)
46
746.301
#96 statewide
Changes the center must report before making them
The center must tell the state in writing before making certain changes, such as moving, adding or reducing indoor or outdoor space, adding a pool, changing the ages served or the hours of operation, or offering new services like transportation or field trips. Advance notice is also required for a planned closure of five or more days in a row (other than national holidays), going out of business, or a change in ownership. Official rule text · Last revised April 2017
Most-cited item: 746.301(2) (175 times statewide)
35
744.303
#116 statewide
Reporting changes in leadership (school-age programs)
The program must tell the state in writing within five days when its designee, the head of its governing body, their address, or a director changes. Official rule text · Last revised April 2017
Most-cited item: 744.303(4) (209 times statewide)
29
744.305
#145 statewide
Events the program must report to the state (school-age programs)
The program must tell the state licensing office as soon as possible, and within two days, about events such as a child injury that needs medical treatment or hospitalization, an illness that needs hospitalization, a reportable disease, the arrest or criminal charge of a person who needs a background check, a change in controlling persons, or any unusual situation that puts a child at risk. A child's death in care must be reported immediately. Official rule text · Last revised March 2023
Most-cited item: 744.305(a)(7) (48 times statewide)
12

Infant and toddler care

RuleWhat it requiresHouston
746.2421
#16 statewide
Written feeding instructions for infants
For an infant who is not yet eating table food, the center must get written feeding instructions signed and dated by a parent or health-care professional, and must follow them. The center must review and update the instructions with the parent every 30 days until the infant can eat table food. Official rule text · Last revised April 2017
Most-cited item: 746.2421(b) (1,214 times statewide)
211
746.2419
#36 statewide
Feeding infants
Caregivers must hold infants up to six months old, and older infants who cannot sit up on their own, while feeding them, and must never prop a bottle. Bottles and cups must be labeled with the infant's first name and last initial, infants may not walk around or sleep with a bottle or cup, the hand-washing sink and diaper-changing surface may not be used for food or bottle preparation, and high chair trays must be sanitized before each use. Official rule text · Last revised April 2017
Most-cited item: 746.2419(6) (375 times statewide)
149
746.2407
#68 statewide
Straps on infant equipment
High chairs, swings, strollers, infant carriers, bouncer seats, and similar equipment used for infants must have straps, and the straps must be fastened whenever an infant is in the equipment. Official rule text · Last revised April 2017
Most-cited item: 746.2407 (463 times statewide)
66
746.2401
#86 statewide
Basic care for infants
Infant care must include regular care by the same caregiver when possible, individual attention such as talking, playing, and holding, comforting infants who are upset, and prompt attention to feeding and diapering. The area must be kept free of objects infants or toddlers could choke on, and an infant may never be left unsupervised. Official rule text · Last revised April 2017
Most-cited item: 746.2401(6) (167 times statewide)
63
747.2321
#100 statewide
Written feeding instructions for infants (child-care homes)
For an infant who is not yet eating table food, the home must get written feeding instructions signed and dated by a parent or health-care professional, and must follow them. The home must review and update the instructions with the parent every 30 days until the infant can eat table food. Official rule text · Last revised April 2017
Most-cited item: 747.2321(a) (166 times statewide)
29
746.2417
#110 statewide
Daily activities for infants
Each infant's day must include outdoor play when the weather permits, time out of the crib, and no more than 15 minutes seated in a restrictive device unless the infant is eating or being transported. It must also include supervised tummy time and other chances to move, plus activities that engage sight, hearing, touch, and small and large muscles. Official rule text · Last revised March 2021
Most-cited item: 746.2417(2)(B) (175 times statewide)
24
746.2431
#112 statewide
Daily report for each infant
By the time an infant is picked up, the center must give the parent a written or electronic report for the day showing when the infant slept, when and how much the infant ate, when diapers were changed, the infant's general mood, and a short summary of activities. Official rule text · Last revised April 2017
Most-cited item: 746.2431 (121 times statewide)
30
746.2505
#117 statewide
Furnishings and bottles for toddlers
Toddler areas must have age-appropriate seats, tables, and nap equipment, enough popular toys that toddlers are not forced to compete for them, and low shelves or containers they can reach on their own. Bottles and training cups must be labeled or assigned to each toddler and cleaned and sanitized between uses, and toddlers may never sleep or walk around with them. Official rule text · Last revised April 2017
Most-cited item: 746.2505(4)(A) (72 times statewide)
41
746.2405
#124 statewide
Furnishings required in the infant area
The infant area must have an adult-size rocker or chair, an individual crib for each non-walking infant under 12 months, and an individual crib, cot, bed, or waterproof or washable mat for each walking infant or infant 12 months or older. It must also have a hand-washing sink in the diaper-changing area and enough toys to keep infants engaged. Official rule text · Last revised March 2023
Most-cited item: 746.2405(2) (79 times statewide)
28

Licensing, postings, and management

RuleWhat it requiresHouston
746.201
#33 statewide
Responsibilities of the permit holder
The permit holder must set and follow policies that meet the state minimum standards, name a qualified director who is responsible on site every day, make sure staff report suspected abuse directly to the state hotline, and keep the number of children in care within the licensed capacity. It must also let parents visit any time during operating hours without prior approval and follow the state child-care licensing law and rules. Official rule text · Last revised March 2023
Most-cited item: 746.201(1) (354 times statewide)
165
746.401
#42 statewide
Items the center must post
The center must keep certain items posted at all times, including its license, the letter or form from its most recent licensing inspection or investigation, its emergency evacuation diagram, each group's activity plan, the daily menu, and a list of current employees' first and last names. It must also post required state notices and phone numbers and a list of children's food allergies that need an emergency plan. Official rule text · Last revised September 2016
Most-cited item: 746.401(9) (188 times statewide)
106
746.1003
#54 statewide
Director's duties at the center
The director must make sure the center's daily operation and all employees follow the minimum standards, that staff assignments match their skills and training, and that employees are supervised. Caregivers may not be regularly scheduled for more than ten hours of direct child care in a 24-hour period, and qualified substitutes must be called in when needed to meet the standards. Official rule text · Last revised September 2003
Most-cited item: 746.1003(1) (358 times statewide)
70
747.207
#60 statewide
Responsibilities of the primary caregiver (child-care homes)
The primary caregiver of a child-care home must set and follow policies that meet the standards, make sure assistants, substitutes, and household members follow the rules that apply to them, start required background checks, and report suspected abuse directly to the state hotline. The caregiver must also let parents visit any time during operating hours without prior approval and never go over the home's licensed or registered capacity. Official rule text · Last revised March 2023
Most-cited item: 747.207(1) (341 times statewide)
121
747.401
#88 statewide
Items the home must post
The child-care home must post, where parents can easily see them during operating hours, its license or registration, the letter or form from its most recent licensing inspection or investigation, the state's Keeping Children Safe notice, required phone numbers, and a list of employees' first and last names. For food allergies that need an emergency plan, it must either post a list of those allergies or make sure everyone who prepares and serves food knows about them. Official rule text · Last revised April 2017
Most-cited item: 747.401(a)(2) (122 times statewide)
78
744.201
#95 statewide
Responsibilities of the permit holder (school-age programs)
The permit holder must set and follow policies that meet the state minimum standards, name a qualified director, make sure staff report suspected abuse directly to the state hotline, and keep the number of children in care within the licensed capacity. It must also let parents visit any time during operating hours without prior approval and follow the state child-care licensing law and rules. Official rule text · Last revised March 2023
Most-cited item: 744.201(4) (214 times statewide)
28
744.401
#97 statewide
Items the program must post (school-age programs)
The program must keep certain items posted at all times, including its license, the letter or form from its most recent licensing inspection or investigation, the state's Keeping Children Safe notice, its emergency evacuation diagram, and required phone numbers. It must also post each group's activity plan and the daily menu when they apply, and a list of children's food allergies that need an emergency plan. Official rule text · Last revised March 2023
Most-cited item: 744.401(2) (87 times statewide)
29
746.1013
#114 statewide
Who is in charge when the director is away
Whenever the director is away during operating hours, a qualified caregiver or director must be named to be in charge, and that person must know their duties and for how long, have the information needed to contact parents and authorities, and have authority to run the center. All employees must know who is in charge, and for a long absence the center must name someone who meets director qualifications and report that person to the state. Official rule text · Last revised September 2003
Most-cited item: 746.1013(a)(3) (70 times statewide)
51
745.8641
#121 statewide
Requirements during probation
An operation on probation must meet every condition of its corrective action plan, correct the deficiencies and reduce risk, and keep following all other standards, rules, and laws. Unless it is a foster family home, it must also post the probation notice near all public entrances. Official rule text
Most-cited item: 745.8641 (155 times statewide)
21
745.247
#141 statewide
Loss of corporate privileges over unpaid tax
A permit holder must immediately send the state a copy of any government notice saying its corporate privileges have been forfeited or may be forfeited. The state may suspend the permit of a governing body that loses those privileges, and may revoke it if the holder did not forward the notice. Official rule text
Most-cited item: 745.247 (141 times statewide)
23
746.203
#142 statewide
Liability insurance
Unless it has an acceptable reason not to, the center must carry liability insurance of $300,000 per occurrence of negligence, covering injury to a child on its premises or in its care. It must send proof of coverage to the state each year by the anniversary of its permit. Official rule text · Last revised April 2021
Most-cited item: 746.203(2) (115 times statewide)
23

Meals and food allergies

RuleWhat it requiresHouston
746.3819
#29 statewide
Food allergy emergency plan
For each child with a food allergy diagnosed by a health-care professional, the center must have a food allergy emergency plan signed and dated by the child's health-care professional and parent. A copy must be kept in the child's file. Official rule text · Last revised September 2016
Most-cited item: 746.3819 (1,012 times statewide)
138
746.3301
#69 statewide
Meals and snacks
The center must serve children who eat table food regular meals and morning and afternoon snacks that follow the USDA Child and Adult Care Food Program meal patterns, and a child may not go more than three hours without being offered food unless asleep. Drinking water must always be available, sugary drinks are only for special occasions unless the program allows them, food may not be used as a reward, and a child may not be served any food listed on their food allergy emergency plan. Official rule text · Last revised March 2023
Most-cited item: 746.3301(b) (122 times statewide)
26
744.2669
#85 statewide
Food allergy emergency plan (school-age programs)
For each child with a food allergy diagnosed by a health-care professional, the program must have a food allergy emergency plan signed and dated by the child's health-care professional and parent. A copy must be kept in the child's file. Official rule text · Last revised September 2016
Most-cited item: 744.2669 (357 times statewide)
23
746.3317
#89 statewide
Food preparation and service
Food and drinks must be stored, prepared, and served in sanitary conditions, including sanitizing dishes and utensils after each use, serving food on plates or other clean holders rather than a bare table, and covering food stored in the refrigerator. Caregivers with open wounds or casts may not prepare food, foods that infants and toddlers could choke on may not be served, and cleaning supplies and toxic materials may not be stored with food. Official rule text · Last revised September 2003
Most-cited item: 746.3317(6) (124 times statewide)
59

Medication and first aid

RuleWhat it requiresHouston
746.3805
#52 statewide
How medication must be given
Medication must be given as the label directs or as the child's health-care professional changes in writing, only to the child it is meant for, from the original container labeled with the child's full name and the date it was brought in, and never after it expires. Each dose must be recorded with the child's name, the medication, the date, time, and amount, and the employee's full name, and the records kept for at least three months. Official rule text · Last revised March 2012
Most-cited item: 746.3805(b)(1) (267 times statewide)
52
746.4003
#63 statewide
What a first-aid kit must contain
Each first-aid kit must hold a first-aid guide, adhesive tape, antiseptic, adhesive bandages, scissors, sterile gauze pads, a thermometer, tweezers, and waterproof disposable gloves. None of the supplies may be expired. Official rule text · Last revised March 2023
Most-cited item: 746.4003(a) (240 times statewide)
82
746.3809
#70 statewide
Medication that is no longer used
The center must throw away medication or return it to the parent when the child leaves the center, when the medication is out of date, or when the child no longer needs it. Official rule text · Last revised September 2003
Most-cited item: 746.3809 (434 times statewide)
64
747.3803
#109 statewide
What a first-aid kit must contain (child-care homes)
Each first-aid kit must hold a first-aid guide, adhesive tape, antiseptic, adhesive bandages, scissors, sterile gauze pads, a thermometer, tweezers, and waterproof disposable gloves. None of the supplies may be expired. Official rule text · Last revised March 2023
Most-cited item: 747.3803(a) (101 times statewide)
59
744.2753
#125 statewide
What a first-aid kit must contain (school-age programs)
Each first-aid kit must hold a first-aid guide, adhesive tape, antiseptic, adhesive bandages, scissors, sterile gauze pads, a thermometer, tweezers, and waterproof disposable gloves. None of the supplies may be expired. Official rule text · Last revised March 2023
Most-cited item: 744.2753(a) (102 times statewide)
21
746.3803
#143 statewide
Parent permission to give medication
Before giving a child medication, the center must get the parent's permission in writing (signed and dated), in an electronic format that can be viewed and saved, or by phone for a single dose. The permission expires after one year, a parent cannot authorize more than the label or the child's health-care professional directs, and no permission is needed to give medication as directed in a medical emergency to prevent death or serious injury. Official rule text · Last revised March 2012
Most-cited item: 746.3803(a)(1) (87 times statewide)
5

Playgrounds and play equipment

RuleWhat it requiresHouston
746.4907
#23 statewide
Depth of loose-fill playground surfacing
Loose-fill surfacing under play equipment must be kept at least six inches deep when the highest play surface is five feet or lower, and at least nine inches deep when it is higher. It may not be laid over concrete or asphalt or used indoors, and equipment posts must be marked to show the required depth. Official rule text · Last revised April 2017
Most-cited item: 746.4907(a)(1) (745 times statewide)
212
746.4751
#39 statewide
Daily and monthly checks of play areas
The director or a designee must check the active play space and equipment every day before play and do a fuller check at least monthly using a written checklist. Hazards or defects found must be removed or repaired promptly, children must be kept off the equipment until then, and inspection and repair records must be kept for at least three months. Official rule text · Last revised December 2010
Most-cited item: 746.4751(c) (342 times statewide)
164
746.4901
#82 statewide
Surfacing under play equipment
The area under and around climbing, rocking, spinning, bouncing, or moving equipment, slides, and swings must have loose-fill or unitary (one-piece) cushioning surface. How deep or thick that surface must be depends on the height of the highest play surface on the equipment. Official rule text · Last revised December 2010
Most-cited item: 746.4901(a) (361 times statewide)
71
746.4601
#83 statewide
Requirements for active play equipment
Indoor and outdoor play equipment must be arranged so caregivers can watch children at all times, used as the manufacturer directs, and anchored so it cannot tip or move. It may not have openings that can trap a child or catch clothing, or exposed pinch, crush, or shear points; climbing equipment and swings may not sit over bare asphalt or concrete, and raised platforms and steps need barriers or handrails as the rule specifies. Official rule text · Last revised April 2017
Most-cited item: 746.4601(7) (103 times statewide)
39
746.4803
#120 statewide
Clear zone around stationary play equipment
The use zone around stationary play equipment (other than slides and soft contained play equipment) must extend at least six feet in every direction from the equipment's edge, and it may not overlap other use zones. Official rule text · Last revised December 2010
Most-cited item: 746.4803 (189 times statewide)
47
746.4805
#128 statewide
Clear zone around slides
The use zone in front of the entry and along the sides of a slide must extend at least six feet. In front of the slide exit it must extend at least six feet for slides six feet high or less, and for taller slides it must equal the platform's height above the surfacing, up to eight feet, without overlapping other equipment's use zones. Official rule text · Last revised September 2003
Most-cited item: 746.4805(a) (86 times statewide)
38
746.4305
#137 statewide
Fence around the outdoor play space
The outdoor activity space must be enclosed by a fence or wall at least four feet high. Exceptions include programs that only offer after-school care in a public school classroom, programs that only offer alternate care or get-well care, and spaces used only by children five and older. Official rule text · Last revised September 2003
Most-cited item: 746.4305 (146 times statewide)
26

Policies and communication with parents

RuleWhat it requiresHouston
746.501
#15 statewide
Written operating policies
The center must have written policies on a long list of topics, including hours, how children are released, illness and exclusion, medication, medical emergencies, discipline, infant sleep, meals, immunizations, physical activity, parent rights, and its emergency plan. It must also tell parents that the area within 1,000 feet of the center is a gang-free zone. Official rule text · Last revised August 2024
Most-cited item: 746.501(a)(18) (553 times statewide)
299
747.501
#25 statewide
Written operating policies (child-care homes)
The child-care home must have written policies on set topics, including how children are released, illness and exclusion, medication, medical emergencies, discipline, infant sleep, physical activity, parent rights, and its emergency plan. The policies must also tell parents how to find the state minimum standards, the Texas Abuse and Neglect Hotline, and the HHSC website. Official rule text · Last revised August 2024
Most-cited item: 747.501(8) (389 times statewide)
219
746.307
#38 statewide
When the center must notify parents
The center must tell a parent immediately if there is an allegation that their child was abused or neglected in care, or after the child has an injury needing medical treatment, an illness needing hospitalization, an emergency allergic reaction that required a stock epinephrine auto-injector, a situation such as a fire, flood, or severe-weather damage at the center, or another unusual situation that put the child at risk. Minor injuries such as small cuts or bites must be reported at pickup; the parents of every child at the center must get written notice within 48 hours of a reportable disease in a child or employee, and the parents of a group must get written notice within 48 hours of a lice or other infestation outbreak in that group. Official rule text · Last revised March 2023
Most-cited item: 746.307(b)(4) (411 times statewide)
62
746.707
#78 statewide
Sharing incident reports with parents
When the center fills out an incident or illness report for a child, it must give the parent a copy and get the parent's signature showing they reviewed or received it within 48 hours of the incident. Official rule text · Last revised September 2003
Most-cited item: 746.707 (396 times statewide)
50

Sleep and nap time

RuleWhat it requiresHouston
746.2426
#44 statewide
Infants sleeping in restrictive devices
An infant may not sleep in a restrictive device unless the center has a completed Sleep Exception Form with a health-care professional's signed statement that it is medically necessary. Without that form, if an infant falls asleep in such a device, the caregiver must move the infant to a crib as soon as possible. Official rule text · Last revised March 2023
Most-cited item: 746.2426(a)(1) (308 times statewide)
93
746.2415
#49 statewide
Equipment not allowed for infants
Centers may not use baby walkers, doorway jumpers, accordion gates, toys small enough to swallow or choke on, or bean bags, waterbeds, or foam pads as sleeping equipment for infants. For an infant younger than 12 months, the crib or play yard must be bare except for a tight-fitting sheet and, if used, a thin, tight-fitting mattress cover made for that mattress. Official rule text · Last revised March 2023
Most-cited item: 746.2415(b) (500 times statewide)
76
746.2409
#64 statewide
Crib requirements
Each crib must have a firm, flat mattress made for that crib model that fits snugly with no added padding, snug-fitting sheets, secure hardware, slats no more than 2 3/8 inches apart, documentation that it meets federal crib standards, and a label with the infant's name (or a number with an assignment map). Cribs must be sanitized before another infant uses them, and an infant may never be left in a crib with the drop gate down. Official rule text · Last revised April 2017
Most-cited item: 746.2409(a)(2) (222 times statewide)
90
746.4503
#65 statewide
A cot, bed, or mat for each child
Each walking child through age four must have an individual waterproof or washable cot, bed, or mat to sleep or rest on, provided by the center or the parent. Each must be labeled with the child's name (or a number with an assignment map), and floor mats must be marked so the sleeping side can be told apart from the floor side. Official rule text · Last revised April 2017
Most-cited item: 746.4503(b) (343 times statewide)
90
746.2909
#94 statewide
Arranging nap cots and mats
Cots and mats must not block entrances or exits, must not be left out where they get in the way of other activities, and must leave enough room for caregivers to walk and work between them. Each child and caregiver must be able to reach a walkway without stepping on or over other children's cots or mats, and the setup must let the caregiver supervise every child in the group. Official rule text · Last revised March 2023
Most-cited item: 746.2909(1) (124 times statewide)
60
746.2911
#111 statewide
Lighting during naptime
Caregivers may dim the lights during naptime, but there must be enough light to see every child in the group at all times. The rule counts lighting as enough if a person entering the room can see without waiting for their eyes to adjust. Official rule text · Last revised April 2017
Most-cited item: 746.2911 (231 times statewide)
37
747.2315
#127 statewide
Equipment not allowed for infants (child-care homes)
Child-care homes may not use baby walkers, doorway jumpers, accordion gates, or bean bags, waterbeds, or foam pads as sleeping equipment for infants. For an infant younger than 12 months, the crib or play yard must be bare except for a tight-fitting sheet and, if used, a thin, tight-fitting mattress cover made for that mattress. Official rule text · Last revised March 2023
Most-cited item: 747.2315(b) (107 times statewide)
24
746.2428
#136 statewide
Swaddling infants for sleep
A swaddled infant may not be laid down to sleep or rest on any surface unless the center has a completed Sleep Exception Form with a health-care professional's signed statement that swaddling for sleep is medically necessary. Official rule text · Last revised April 2017
Most-cited item: 746.2428 (147 times statewide)
7
746.2905
#139 statewide
Children may not be forced to sleep
Children are not required to sleep at rest time. Caregivers may not force a child to sleep, put anything in or on a child's head or body to make the child rest or sleep, or confine a child in a restrictive device to make the child rest or sleep. Official rule text · Last revised April 2017
Most-cited item: 746.2905(1) (130 times statewide)
14
746.2411
#144 statewide
Requirements for play yards
Play yards (mesh or fabric-sided cribs) must be used as the manufacturer directs and must have a firm, flat, snug-fitting mattress made for that model with no added padding, snug-fitting sheets, secure hardware, sides that latch when raised, mesh openings of 1/4 inch or less, and a label with the infant's name or number. An infant may never be left in a play yard with a side folded down. Official rule text · Last revised April 2017
Most-cited item: 746.2411(2)(B) (60 times statewide)
16
747.4303
#147 statewide
A cot, bed, or mat for each child (child-care homes)
Each walking child through age four must have an individual waterproof or washable cot, bed, or mat to sleep or rest on, provided by the home or the parent. Each must be labeled with the child's name (or a number with an assignment map), and floor mats must be marked so the sleeping side can be told apart from the floor side. Official rule text · Last revised April 2017
Most-cited item: 747.4303(b) (71 times statewide)
32

Staff files and required records

RuleWhat it requiresHouston
746.901
#4 statewide
Personnel records for staff
The center must keep a file at the center for each employee, caregiver, substitute, and volunteer, available during operating hours. It must include items such as start and end dates, proof of age and education qualifications, the required state affidavit forms (Forms 2985 and 2912), training records, proof that background checks were requested, and a copy of a photo ID. Official rule text · Last revised August 2024
Most-cited item: 746.901 (655 times statewide)
393
746.801
#17 statewide
Records the center must keep on site
The center must keep certain records ready for state review during operating hours, including children's records, staff and training records, the director's certificate, staff time sheets, proof of liability insurance (or written notice to parents that it has none), playground checklists, and records of emergency drills, fire extinguishers, and smoke detectors. It must also keep its most recent fire, sanitation, and (if needed) gas inspection reports and its daily sign-in and sign-out system. Official rule text · Last revised October 2021
Most-cited item: 746.801(3) (404 times statewide)
210
747.801
#35 statewide
Records the home must keep on site
The child-care home must keep certain records ready for state review during operating hours, including children's records, staff and training records, menus, medication records, pet vaccination records, and records of emergency drills, fire extinguishers, and smoke detectors. It must also keep crib documentation, a signed form showing it reviewed federal product recall notices, and proof of liability insurance or written notice to parents that it has none. Official rule text · Last revised March 2023
Most-cited item: 747.801(7) (373 times statewide)
179
744.901
#56 statewide
Personnel records for staff (school-age programs)
The school-age program must keep a file at the operation for each employee, caregiver, substitute, and volunteer, available during operating hours. It must include items such as start and end dates, proof of age and education qualifications, the required state affidavit forms (Forms 2985 and 2912), training records, proof that background checks were requested, and a copy of a photo ID. Official rule text · Last revised August 2024
Most-cited item: 744.901 (139 times statewide)
63
747.901
#72 statewide
Personnel records for caregivers (child-care homes)
The child-care home must keep a file for each assistant and substitute caregiver with items such as start and end dates, proof of age and education qualifications, the required state affidavit forms (Forms 2985 and 2912), training records, proof that background checks were requested, and a copy of a photo ID. Official rule text · Last revised August 2024
Most-cited item: 747.901 (148 times statewide)
58
744.801
#87 statewide
Records the program must keep on site (school-age programs)
The program must keep certain records ready for state review during operating hours, including children's records, staff and training records, the director's certificate, staff time sheets, proof of liability insurance (or written notice to parents that it has none), playground checklists, and records of emergency drills, fire extinguishers, and smoke detectors. It must also keep its most recent fire and sanitation inspection reports, its gas inspection report if it applies, and its daily sign-in and sign-out system. Official rule text · Last revised April 2021
Most-cited item: 744.801(2) (135 times statewide)
62

Staff qualifications

RuleWhat it requiresHouston
746.1107
#107 statewide
Age and education requirements for caregivers
Each caregiver must be at least 18 years old and have a high school diploma, a high school equivalent, or a high school certificate of coursework completion, in addition to meeting the standards for all employees. Official rule text · Last revised October 2018
Most-cited item: 746.1107(2) (228 times statewide)
45
746.1105
#118 statewide
Basic qualifications for every employee
Each center employee must meet the background check rules, have a current tuberculosis exam record if the health department requires it, and complete two state affidavit forms (a notarized Form 2985 and Form 2912) before being hired. Official rule text · Last revised August 2024
Most-cited item: 746.1105(3) (82 times statewide)
29
747.1007
#149 statewide
Qualifications for the primary caregiver of a registered home
The primary caregiver of a registered child-care home must be at least 21, have a high school diploma or equivalent, have completed the state's pre-application course within the year before applying, meet the background check rules, and hold current pediatric first aid and CPR certificates. The caregiver must also show proof of training in set topics, including recognizing and reporting child abuse, shaken baby syndrome, infant sleep practices and SIDS, child development, emergency preparedness, and giving medication. Official rule text · Last revised October 2018
Most-cited item: 747.1007(5) (87 times statewide)
33

Staff training and certifications

RuleWhat it requiresHouston
746.1301
#9 statewide
Training requirements for employees, caregivers, and directors
New employees must complete orientation within seven days and before being alone with children, and caregivers must complete 24 hours of pre-service training (8 hours before being counted in the ratio and 16 more within 90 days) unless exempt. Caregivers and the director must complete pediatric first aid within 90 days and before being alone with children, and pediatric CPR within 90 days, keep both current, complete annual training every 12 months (24 hours for caregivers, 30 for the director), and take extra yearly training if they transport children under nine or take children to a pool. Official rule text (single-rule page) · Last revised September 2024
Most-cited item: 746.1301(a)(5)(A) (399 times statewide)
307
746.1309
#10 statewide
Topics required in caregivers' annual training
A caregiver's 24 hours of yearly training must fit the ages of the children in their care and cover set topics, including at least six hours on areas such as child development or guidance and discipline, and at least one hour on preventing, recognizing, and reporting child abuse and neglect. At least five of the hours must be instructor-led, and caregivers of children under 24 months must also have one hour on shaken baby syndrome, infant sleep practices and SIDS, and early brain development. Official rule text · Last revised September 2024
Most-cited item: 746.1309(e) (1,100 times statewide)
358
746.1315
#14 statewide
Pediatric first aid and CPR certification
Each caregiver and the center director must hold a current certificate in pediatric first aid (including rescue breathing and choking) and in pediatric CPR. A new caregiver may work with children before getting the CPR certificate, but at least one employee or caregiver with a current pediatric CPR certificate must be on the premises whenever children are in care. Official rule text · Last revised October 2018
Most-cited item: 746.1315(a) (903 times statewide)
355
747.1309
#28 statewide
Annual training for the primary caregiver (child-care homes)
The primary caregiver of a child-care home must complete at least 30 hours of training each year that fits the ages of the children in care, including at least six hours on topics such as child development or guidance and discipline, and three to six hours on management or staff supervision depending on experience. At least six hours must be instructor-led, and homes caring for children under 24 months must include one hour on shaken baby syndrome, infant sleep practices and SIDS, and early brain development. Official rule text · Last revised September 2024
Most-cited item: 747.1309(a) (591 times statewide)
258
746.1311
#31 statewide
Annual training for the center director
A center director must complete 30 hours of training each year that fits the ages of the children served, including at least six hours on topics such as child development or guidance and discipline, at least one hour on preventing, recognizing, and reporting child abuse and neglect, and three to six hours on management or staff supervision depending on experience. At least six of the hours must be instructor-led. Official rule text · Last revised March 2023
Most-cited item: 746.1311(a) (376 times statewide)
206
747.1303
#43 statewide
Training deadlines for caregivers (child-care homes)
Each caregiver must complete orientation within seven days and before being alone with children, and pediatric first aid and CPR on a set schedule (before the home is registered or licensed for the primary caregiver, before being counted in the ratio for substitutes, within 90 days for assistants), then stay current. Annual training is due within 12 months of starting and every 12 months after: 30 hours for the primary caregiver, and 15 hours (registered homes) or 24 hours (licensed homes) for assistants and substitutes counted in the ratio more than ten times a year, plus yearly transportation or pool training when it applies. Official rule text (single-rule page) · Last revised September 2024
Most-cited item: 747.1303(5)(A) (357 times statewide)
120
747.1313
#53 statewide
Pediatric first aid and CPR certification (child-care homes)
In a child-care home, the primary caregiver and every assistant and substitute caregiver must hold a current certificate in pediatric first aid (including rescue breathing and choking) and in pediatric CPR. The CPR course must follow American Heart Association layperson guidelines and include hands-on practice and testing with a manikin. Official rule text · Last revised October 2018
Most-cited item: 747.1313(a) (380 times statewide)
121
744.1301
#77 statewide
Training requirements for employees, caregivers, and directors (school-age programs)
New employees must complete orientation within seven days and before being alone with children, and caregivers must complete eight hours of pre-service training within 90 days and before being counted in the ratio, unless exempt. Caregivers and directors must complete pediatric first aid within 90 days and before being alone with children, and pediatric CPR within 90 days, keep both current, complete annual training every 12 months (15 hours for caregivers and site directors, 20 for program or operation directors), and take extra yearly training if they transport children under nine or take children to a pool. Official rule text (single-rule page) · Last revised September 2024
Most-cited item: 744.1301(a)(5)(A) (51 times statewide)
35
744.1315
#92 statewide
Pediatric first aid and CPR certification (school-age programs)
Each caregiver and each operation, program, and site director must hold a current certificate in pediatric first aid (including rescue breathing and choking) and in pediatric CPR. A new caregiver may work with children before getting the CPR certificate, but at least one employee or caregiver with a current pediatric CPR certificate must be on the premises whenever children are in care. Official rule text · Last revised October 2018
Most-cited item: 744.1315(a) (154 times statewide)
45
746.1329
#103 statewide
Proof of staff training
The center must keep the original certificate or letter for each employee's annual training in the employee's file, showing the person's name, the date, topic, trainer and trainer's qualifications, and length. Pediatric first aid and CPR certificates must also show an expiration or renewal date, and orientation and pre-service training need a signed, dated statement from the employee and the trainer or a certificate. Official rule text · Last revised October 2018
Most-cited item: 746.1329(a) (63 times statewide)
62
744.1309
#108 statewide
Topics required in annual training (school-age programs)
Caregivers and site directors in school-age programs must complete 15 hours of training each year that fits the ages of the children served, including at least six hours on topics such as child development or guidance and discipline, and at least one hour on preventing, recognizing, and reporting child abuse and neglect. At least three of the hours must be instructor-led. Official rule text · Last revised September 2024
Most-cited item: 744.1309(d) (96 times statewide)
26
747.1305
#126 statewide
Annual training for assistant and substitute caregivers (child-care homes)
In a child-care home, each assistant or substitute caregiver counted in the ratio on more than ten occasions in a training year must get annual training that fits the ages of the children, including at least six hours on topics such as child development or guidance and discipline. If the home cares for children under 24 months, one hour must cover shaken baby syndrome, infant sleep practices and SIDS, and early brain development, and the training must also cover topics such as emergency preparedness, medication, and allergic reactions. Official rule text · Last revised September 2024
Most-cited item: 747.1305(d) (84 times statewide)
24

Supervision and caregiver duties

RuleWhat it requiresHouston
746.1205
#1 statewide
How caregivers must supervise children
Each caregiver must know which children they are responsible for, how many there are, and each child's name and age. The caregiver must stay close enough to see or hear what each child is doing, as the situation calls for, and be able to step in when needed. Official rule text · Last revised March 2023
Most-cited item: 746.1205(a)(4) (2,997 times statewide)
468
746.1201
#8 statewide
General duties of all center employees
Every center employee, including staff not counted in the child-to-caregiver ratio, must show competency, good judgment, and self-control around children and treat them with courtesy, respect, and patience. Employees must make sure no child is abused, neglected, or exploited in care, and must report suspected abuse or neglect to the state. Official rule text · Last revised December 2010
Most-cited item: 746.1201(1) (1,846 times statewide)
237
746.1203
#13 statewide
Additional duties of caregivers
Caregivers must know and follow the state minimum standards and supervise children at all times. They must not be pulled away by tasks unrelated to caring for children, such as paperwork, janitorial work, or personal use of phones and other devices, and must pass along each child's information and parent instructions to the next shift. Official rule text · Last revised March 2023
Most-cited item: 746.1203(4) (470 times statewide)
305
744.1205
#73 statewide
How caregivers must supervise children (school-age programs)
Each caregiver must know which children they are responsible for, how many there are, and each child's name and age. The caregiver must stay close enough to see or hear what each child is doing, as the situation calls for, and be able to step in when needed. Official rule text · Last revised March 2023
Most-cited item: 744.1205(a)(4) (274 times statewide)
40
744.1203
#119 statewide
Additional duties of caregivers (school-age programs)
Caregivers must know and follow the state minimum standards and supervise children at all times. They must not be pulled away by tasks unrelated to caring for children, such as paperwork, janitorial work, or personal use of phones and other devices, and must pass along each child's information and parent instructions to the next shift. Official rule text · Last revised March 2023
Most-cited item: 744.1203(4) (85 times statewide)
35

Transportation

RuleWhat it requiresHouston
746.5617
#32 statewide
Items required in vehicles that carry children
Each vehicle used to transport children must carry a list of the children on board, their emergency medical authorization forms, parent and emergency phone numbers, the center's name and phone number, a fire extinguisher approved by a fire marshal, and a first-aid kit. The driver must have a current driver's license. Official rule text · Last revised September 2003
Most-cited item: 746.5617(a)(5) (286 times statewide)
207
746.5625
#47 statewide
Electronic child alarm in vehicles
A vehicle that seats eight or more, is used to transport children, and was bought or leased on or after December 31, 2013, must have an electronic child alarm that is installed and maintained per the maker's instructions and used on every trip with children. Before turning off the alarm at the rear of the vehicle, the driver or a designated employee must account for every child and walk through the vehicle to check that no child is left inside. Official rule text · Last revised March 2023
Most-cited item: 746.5625(a) (286 times statewide)
117
746.1316
#48 statewide
Transportation training for staff
If the center transports children younger than nine (by age or development), each employee must complete two hours of transportation training each year before transporting a child, and the director must complete it too. These two hours are separate from orientation, pre-service, and annual training hours. Official rule text · Last revised October 2018
Most-cited item: 746.1316(a) (614 times statewide)
114
746.5607
#122 statewide
Car seats and restraints when transporting children
Each child being transported must be secured in a car seat, booster seat, vest, harness, or seat belt that fits the child's age, height, and weight, meets federal crash-test standards, is installed per the maker's instructions, and has not expired, been damaged, or been in an accident. Children 12 and younger may not ride in the front seat. Official rule text · Last revised March 2023
Most-cited item: 746.5607(b) (82 times statewide)
47
746.5605
#135 statewide
Loading and unloading children from vehicles
Children must be loaded and unloaded at the curb or in a protected parking area or driveway, and a child may not cross a street without an adult. Staff must account for every child getting out before leaving the vehicle unattended, and a child may never be left alone in a vehicle. Official rule text · Last revised December 2010
Most-cited item: 746.5605(4) (93 times statewide)
31
746.5603
#146 statewide
Vehicles used to transport children
The state does not regulate which type of vehicle a center uses to transport children, but it sorts vehicles into general purpose vehicles, small school buses, and large school buses for its other transportation rules. Every vehicle must be kept in "safe operating condition" at all times, in the rule's words. Official rule text · Last revised December 2010
Most-cited item: 746.5603(c) (130 times statewide)
27

Other rules cited in Houston

359 more rule sections were cited at Houston daycares in the last five years, 2,165 times in all. They are listed with the state’s own title for the most-cited item.

RuleState title (most-cited item)Houston
747.5007747.5007 - Emergency Evacuation and Relocation Diagram- Must Be On File40
747.5331747.5331 - Registered or Licensed Child-Care Home Must be Equipped with a Working Carbon Monoxide (CO) Detection System, unless located in a School Facility37
746.1111746.1111 - Education Outside of U.S.35
747.5337747.5337(a)(2) - Electric or Battery Operated CO System-Test Monthly34
747.5115747.5115 - Smoke Detectors Testing32
746.3427746.3427 - Pest Extermination31
747.5417747.5417(a)(2) - Required Equipment in Vehicles - Emergency Medical Information29
747.4407747.4407(b) - Maintenance Procedures for Active Play Space - Hazards Removed or Repaired27
747.1314747.1314 - Transportation Safety Training-Primary Caregiver and Employee Transporting26
744.603744.603(a)(2) - Children's Records - Admission Information26
744.2501744.2501(a) - Annual Sanitation Inspection23
746.1305746.1305(b) - Pre-service Training for Caregivers of Children Under 24 Months21
747.2319747.2319(5) - Requirements for Feeding Infants - Label Bottles/Cups21
746.1011746.1011(a) - Director present-Minimum 75%20
747.601747.601(c) - Children's Records Accessible - to Licensing20
747.3303747.3303(a)(1) - Diaper Changing Equipment - Smooth, Non-absorbent, Easy to Clean Surface19
746.4603746.4603(5) - Prohibited Equipment - Multiple Occupancy Swings18
746.5209746.5209(c) - No Blocked or Locked Doors as Exits18
746.4813746.4813(a) - Measurement of Use Zone for Rotating and Rocking Equipment (Sitting)18
746.4505746.4505 - Storage for Individual Belongings18
747.4403747.4403(3) - Prohibited Equipment - Trampolines18
746.1317746.1317(c)(4) - Training Criteria - Certificate18
747.209747.209(2) - Liability Insurance Requirements - Provide Proof of Coverage Annually by Anniversary Date of Issuance18
744.1311744.1311(a) - Operation and Program Director Annual Training 20 Hours Required17
746.4307746.4307 - Fenced Outdoor Activity Space -Exits Required17
746.909746.909 - Access to Personnel Records17
747.3113747.3113(4) - Menus Available to Licensing17
746.2403746.2403(4) - Infant Care Area - Crib Placement17
747.1207747.1207(3) - Minimum Qualifications for Assistant Caregiver - Orientation17
746.601746.601(c) - Provide Access to Children's Records - Licensing17
HRC 42.041HRC42.041(a) - Illegal Operation - Not Licensed17
746.3313746.3313(1) - Daily Menus - Record Comparable Substitutions16
746.1045746.1045 - Education Outside of U.S.16
747.211747.211(b) - Liability Insurance Requirements - If No Insurance Then Must Provide Written Proof Annually by Anniversary Date of Issuance16
746.4913746.4913 - Required Documentation for Unitary Surfacing Materials16
746.3001746.3001(3) - Field Trips - Written List of Children15
HRC 42.054HRC42.054 - Required Fees15
744.1331744.1331(a) - Documentation of Training Requirements - Original Training Certification Card or Letter in each Employee's personnel record15
747.3213747.3213(3) - Children Handwashing After Toileting or Diapering15
747.1801747.1801 - Child/Caregiver Ratio - Licensed Child Care Home15
HRC 42.052HRC42.052(c) - AP Illegal Operation - Not Listed15
746.5531746.5531 - Child-Care Center Must be Equipped with a Working Carbon Monoxide (CO) Detection System14
746.1403746.1403(a)(1)(A) - Training requirements for substitutes, volunteers, and contractors-Orientation14
747.5335747.5335(a)(1) - Electric or Battery Operated CO Detection System- One for Each Level of Every Building14
744.1601744.1601 - Child/ Caregiver Ratio14
746.503746.503 - Provide Parents With Copy of Policies13
747.2311747.2311(2)(B) - Safety Requirements for Play Yards - Snug Fitting Sheets13
746.5105746.5105 - Corrections Made to Fire Inspection13
747.403747.403(a) - Required Posting of Emergency Telephone Numbers13
744.3553744.3553(1) - Emergency Preparedness Plan - Evacuation, Relocation, Sheltering/Lock-Down Procedures13
746.4309746.4309 - Fenced Outdoor Activity Space -Gates Locked13
744.1201744.1201(1) - Responsibilities of Employees and Caregivers - Demonstrate Competency, Good Judgment, Self-control12
746.2427746.2427 - AP Infants Sleep on Backs or Must Have Completed and Signed Sleep Exception Form for the Infant12
746.3419746.3419 - Handwashing Procedures12
744.2507744.2507(10) - Mark Cleaning Supplies, Toxic Materials; Keep Separate from Food and Inaccessible to Children12
746.4217746.4217(1) - Caring for Children Above or Below Ground Level-Written Approval12
747.2326747.2326(a)(1) - Infant May Not Sleep in a Restrictive Device12
747.301747.301(6) - Notification of Additional Services Offered12
746.3403746.3403 - Documentation of Annual Sanitation Inspection11
747.2305747.2305(1) - Infant Care Area Furnishings and Equipment -Non-walking11
747.5011747.5011(c) - No Blocked or Locked Doors as Exits11
747.1209747.1209(1) - Minimum Qualifications for Substitute Caregiver11
747.3619747.3619 - Food Allergy Emergency Plan Signed by Parents and Health Care Professional11
747.213747.213(a) - AP Parent Notification of Liability Insurance - If No Insurance Must Notify Parent in Writing at Enrollment11
744.3113744.3113(b) - Maintenance Procedures for Active Play - Monthly Maintenance Checklist11
747.3117747.3117(7) - Food Service and Preparation - Cover All Stored Food11
745.509745.509 - Licensed Operations Required Fees10
746.5015746.5015(c) - Safety Requirements for Sprinkler Play - Equipment and Water Hoses Kept Out of Child's Reach10
744.2659744.2659 - Medication No Longer Used10
746.1303746.1303(7) - Orientation-Prevention & responding to allergic reactions10
747.4105747.4105 - Fenced Outdoor Activity Space10
746.3807746.3807(1) - Storage of Medication - Inaccessible to Children10
746.4403746.4403(a) - Handwashing Sink in Diaper-Changing Area10
747.1327747.1327(a) - Documentation of Training Requirements-Original Training Certification Card or Letter in each Employee's Personnel record10
744.501744.501(1) - Written Operational Policies - Operating Times10
746.3425746.3425(1) - Caregivers Must Wear Gloves When Handling Blood or Bodily Fluids9
747.1503747.1503(a)(4) - Supervision ensures each child’s safety, well-being, including physical proximity and auditory or visual awareness of each child’s on going activity9
747.3607747.3607(1) - Storage of Medication - Inaccessible to Children9
746.403746.403(b) - Posting Requirements - Child's Food Allergy Plans9
747.5113747.5113 - Installation of Smoke Detectors9
746.4701746.4701(c) - Requirements for Swings - Not Attached to a Composite Structure9
744.503744.503 - Provide Parents With Copy of Policies9
746.5305746.5305 - Mounting of Fire Extinguishers9
744.3503744.3503 - Documentation of Fire Inspection9
747.5419747.5419 - Plan to Handle Transportation Emergencies9
747.2309747.2309(a)(2) - Safety Requirements for Cribs - Snug Fitting Sheets9
744.3817744.3817(a)(6) - Required Equipment in Vehicles - First-aid Kit9
744.301744.301(6) - Notification of Change in Hours, Days, Months of Operation9
747.905747.905(2) - Personnel Records for Household Members - Orientation9
746.1401746.1401(c) - Substitutes, volunteers, and contractors counted in ratio8
746.4807746.4807(b) - Measurement of Use Zone for Swings - No Overlap8
746.3420746.3420(1) - Hand Sanitizer - Only for Children 24 Months and Older8
744.2105744.2105(3) - Prohibited Punishments - Grabbing or pulling8
747.2405747.2405(1) - Furnishings and Equipment for Toddlers - Age-appropriate8
747.3307747.3307(d) - Diapering Procedures- Sanitizing the Diapering Area8
747.1501747.1501(c)(4) - Additional Responsibilities of Caregivers- Supervision of Children Adjusting Appropriately for Different Ages and Abilities8
744.1037744.1037(b)(2) - Documentation for Directors - Submit When New Director Designated8
746.521746.521(7) - Parent right to receive contact information for CCR8
747.3801747.3801 - First Aid Kit - Available in the Home, on Field Trips8
747.5101747.5101 - Fire- Extinguishing System8
746.4001746.4001 - First Aid Kit - Available in Each Building, on Field Trips, during Transportation7
746.1701746.1701 - Child/Caregiver Ratio - 12 or Fewer Children7
746.5613746.5613 - One Seat Belt Per Person7
746.5311746.5311(a) - Smoke-Detection System7
747.3701747.3701(2) - Animals - Do Not Create Unsafe or Unsanitary Conditions7
747.5015747.5015 - Emergency Lighting7
746.3607746.3607(2) - Critical Injury - Give First Aid or CPR7
746.5315746.5315 - Smoke-Detection System Tested7
744.1011744.1011 - Director Present During Operating Hours7
747.4015747.4015(1) - Caring for Children Above or Below Ground Level-Written Approval7
746.4103746.4103(b) - Policies for Release of Children - Record Identity of Person7
746.2501746.2501(5) - Care Requirements for Toddlers - Free from Choking Objects That May Cause Choking in Infants or Toddlers7
746.1015746.1015 - Director Qualifications - 13 or More Children7
746.5627746.5627 - Required Vehicle Documentation - date of lease or purchase for each vehicle6
746.5405746.5405 - Documentation of Gas Leak Inspection6
747.3211747.3211(4) - Caregiver Handwashing After Diapering a Child6
745.507745.507 - Registered Family Home Required Fees6
746.4101746.4101 - Release of Children6
746.3421746.3421(a) - Infant Handwashing - Individual Cloth6
747.4401747.4401(4) - Safety Requirements for Active Play Equipment - No Entanglement Protrusions or Openings6
744.1003744.1003(a) - Director - Multi-Site Operations6
746.1109746.1109(b)(1) - Caregiver Qualification Age Exemption Attends High School - Not in Charge of Group6
746.1319746.1319(b) - Block certification training include hours and topics6
746.3405746.3405 - Corrections Made to Annual Sanitation Inspection6
745.8311745.8311(b) - Waiver/Variance - Comply w/ each condition while in effect6
746.3901746.3901(2) - Animals - Do Not Create Unsafe or Unsanitary Conditions5
746.2429746.2429 - Covering Infant's Head or Crib5
746.609746.609(b) - Update Admission Information - Parent Sign and Date5
744.3651744.3651 - Requirement of Gas Leak Inspection5
747.2705747.2705(1) - Prohibited Punishments - Corporal Punishment5
747.4101747.4101 - Outdoor Space Requirements - 80 Sq. Feet Per Child5
746.5619746.5619 - Plan to Handle Transportation Emergencies5
744.1013744.1013(b)(1) - Director's Absence - Caregiver in Charge Knows in Charge5
747.2101747.2101 - Planned Activities - Designed to meet individual needs and developmental levels of children in the group5
746.3703746.3703(d) - No Smoking or Use of Tobacco Including E-Cigarettes or Vaporizers5
744.1319744.1319(c)(4) - Training Criteria - Certificate5
746.2605746.2605(3) - Furnishings and Equipment for Pre-Kindergarten Age - Enough Available to Prevent Competition5
746.405746.405(4) - Required posting of Emergency Telephone numbers- Local Licensing Office Phone Number5
747.4807747.4807(a) - Pool Inaccessible to Children by Wall, Fence or Other Barrier at Least 4' High5
746.4203746.4203 - Space Requirements - Under 18 Months of Age Separate from Older Children5
746.2507746.2507(1) - Activities for Toddlers - Outdoor Play5
746.705746.705 - Incident/Illness Report Form Signed5
746.2907746.2907(a) - Alternate Activity for Non-sleeping Children5
744.2007744.2007(b)(1) - Screen Time Activities - Related to Planned Activities5
745.8411745.8411(a) - Responsibilities - Not interfere with an inspection or investigation5
746.623746.623(1)(A) - Immunizations-Immunization record must include the child's name and birth date5
746.2202746.2202(3) - Planned activities designed to meet special care needs-Intervention or specialized services5
744.3255744.3255(a) - Installation and Maintenance of Loose-fill Surfacing - Nine Inches5
746.4313746.4313(3) - Additional Requirements For Outdoor Activity Space Not Connected To Center - Other Conditions Specified5
747.4301747.4301(b) - Chairs - Safety Straps Used if Required by Manufacturer4
746.1615746.1615 - Child/Caregiver Ratio - Opening/Closing4
746.615746.615(a) - Exemptions for Immunization Requirements Must Meet Criteria Specified by DSHS4
747.2317747.2317(2)(B) - Activities for Infants - Not in Restrictive Device for more than 15 Minutes4
746.907746.907(b) - Personnel Record Storage - Training Records4
747.4607747.4607(a) - Measurement of Use Zone for Swings - in Front and Rear4
747.4815747.4815(c) - Safety Requirements for Sprinkler Play - Equipment and Water Hoses Kept Out of Child's Reach4
747.2307747.2307 - Infant Care Area Furnishings and Equipment - Use of Safety Straps4
746.4915746.4915 - Additional Surfacing Requirements for Indoor Active Play Equipment4
745.903745.903(2) - Controlling Person - Submit Controlling Person Form to Licensing within two days after a person becomes a controlling person. See TAC 745.9014
744.601744.601(a) - Provide Access to Children's Records - During Hours of Operation4
744.627744.627(a) - Sign-in and Sign-out Tracking System4
HRC 42.04271HRC 42.04271 - Parent's Rights4
744.3805744.3805(4) - AP Safety Precautions for Loading and Unloading Children - No Child Unattended4
747.3603747.3603(a)(1) - Medication Authorization - Signed and Dated4
746.3903746.3903(b) - Animals at Center - Statement of Health from Veterinarian4
746.2425746.2425 - Crib Activities4
747.1107747.1107(7) - Primary Caregiver in Licensed Home Qualifications - Proof of Training (A-J)4
744.1005744.1005(a)(1) - Director Responsibilities - Operate in Compliance4
744.2601744.2601 - Safety - Areas Free From Hazards4
747.1315747.1315(c)(4) - Training Criteria - Certificate4
747.117747.117(a) - Permit holder responsibilities - Registered Homes4
744.3561744.3561(a)(4) - Emergency Evacuation and Relocation Diagram - Designated Location Inside4
746.4311746.4311 - Outdoor Activity Space Accessible By Safe Route or get required approval of plan4
746.3207746.3207(5) - Nighttime Requirements - Separate Sleeping and Dressing Areas for Over 6 Years of Age4
746.1057746.1057 - Director Certificate Not Renewed4
744.1017744.1017(a) - Site Director Qualifications4
746.1611746.1611(b) - Exceeding Maximum Group Size -Ratio Meet3
744.403744.403(a) - Posting Requirements-Prominent, Public, or Binder3
746.803746.803(a) - Required Records Storage3
746.5533746.5533 - 746.5533 carbon monoxide detection system installed3
747.2104747.2104(a)(1) - Written Activity Plan - Outdoor Play Opportunities3
746.3309746.3309(a)(1) - Parent Provided Meals/Snacks - Parent Choice3
746.2424746.2424 - Infants sleep in Designated Crib, Cot, Bed, or Mat3
747.303747.303(a)(2) - AP Report Child Injury Requiring Medical Treatment by a Health-Care Professional or Hospitalization3
747.3101747.3101(g) - Nutrition and Food Service - No Beverages with Added Sugar, unless allowed by CACFP3
747.2407747.2407(1) - Activities for Toddlers - Outdoor Play3
747.909747.909(2) - Records for Primary Caregiver - Training Hours3
747.5407747.5407(b) - Child Passenger Safety Seat System - Not expired or damaged in accident3
747.3505747.3505(a) - Weapons In Homes Kept in Locked Cabinet, Inaccessible to Children3
747.1301747.1301(15) - Orientation Requirements for Caregivers- Transportation Training3
747.609747.609(a) - Update Admission Information - Procedure3
747.2811747.2811 - Adequate Lighting During Naptime3
746.629746.629(b) - Required documentation for Vision and Hearing Screening Requirement3
744.707744.707 - Incident/Illness Report Form Shared with Parent3
747.4605747.4605(b) - Measurement of Use Zone for Slides- Six Feet High or Less3
747.4305747.4305 - Storage for Individual Belongings3
746.3003746.3003 - Field Trips - Notification to Parents3
746.1801746.1801(a) - Child/Caregiver Ratio for Field Trips - Areas Open to General Public3
746.2607746.2607(1) - Activities for Pre-Kindergarten Age - Outdoor Play3
746.3209746.3209(b)(2) - Nighttime Care - Screen Time Activities Not Used in Bed/Before Bedtime3
744.909744.909 - Access to Personnel Records3
746.1507746.1507(4) - Determining Child/Caregiver Ratios - All Children Included3
744.2051744.2051(4) - Space and Equipment - Workspace for Table-top Activities3
746.207746.207(a) - AP Parent Notification of Liability Insurance - If No Insurance Must Notify Parent in Writing at Enrollment3
742.307742.307(3)(A) - AP Additional Caregiver Responsibilities - Number of Unrelated Children Never Exceeds 33
742.403742.403(2) - Liability Insurance Requirements - Provide Proof of Coverage Annually by Anniversary Date of Listing3
744.521744.521(1) - Parent right to enter and examine operation without advance notice3
744.2517744.2517(1) - Children Handwashing Before Eating3
744.3101744.3101(a)(7) - Safety Requirements for Active Play Equipment - No Pinch, Crush, or Shear Points3
745.8605745.8605 - Recommend or impose an enforcement action2
747.205747.205 - Primary Caregiver Routinely Present During Operating Hours2
746.5303746.5303 - Fire Extinguishing System - Approval2
746.3905746.3905(a) - Animals at Center - No Contact with Chickens, Ducks, Reptiles2
746.311746.311(a) - AP Parental Notification of Deficiency as described in 746.309 within 5 Days2
747.3216747.3216(1) - Hand Sanitizer - Only for Children 24 Months and Older2
747.3301747.3301(2) - Diaper Changing Steps- Cleanse Child with Individual Cloths2
747.5301747.5301(a) - Heating Devices Safe - Gas Appliances2
747.903747.903 - Personnel Records for Household Members Used in Child/Caregiver Ratio2
747.627747.627 - Maintain Immunizations and Health records On Related Children2
746.3321746.3321(a)(1) - Toothbrushes - Labeled with Name2
747.503747.503 - Provide Parents With Copy of Policies2
746.2201746.2201(a) - Planned Activities Designed to Meet Individual Needs2
747.1401747.1401(a)(2) - Household Members Qualifications - Orientation2
744.1317744.1317(a) - Transportation Safety Training2
744.1303744.1303(1) - Orientation - Minimum Standards2
744.3757744.3757(a)(2) - Electronic or Battery-Operated Carbon Monoxide Detector- Director or Designee Check All Detectors Monthly2
744.1401744.1401(f) - Substitutes, Volunteers and Contractors - Unqualified Not Left Alone with Children2
744.1043744.1043 - Education Outside of U.S.2
744.2413744.2413(2) - Daily Menus - May Rotate if Keep Record of Dates Menus Used2
744.2005744.2005(b)(2) - Written Activity Plans - Outline Routines and Activities2
747.1311747.1311(a) - Time Period of Training - Primary Caregiver2
746.5013746.5013(a)(1) - Safety Requirements for Wading Pools - Stored Out of Children's Reach2
744.805744.805(3) - Electronic Records-Available During Business Hours2
746.5403746.5403(a) - Gas Leak Inspection - Natural Gas2
747.3705747.3705(a) - Animals at Home - No Contact with Chickens, Ducks, Reptiles2
747.2901747.2901(a)(2) - Field Trips - Emergency Medical Forms2
744.2751744.2751 - First Aid Kit - Available in Each Building, on Field Trips, during Transportation2
746.3605746.3605(b)(1) - Child Becomes Ill in Care and Requires Immediate Treatment or Hospitalization - Contact EMS or take to ER2
746.4405746.4405 - Location of Handwashing Sink2
746.2503746.2503(2) - Toddler Care Area - Allows for Proper Supervision2
747.4603747.4603 - Measurement of Use Zone for Stationary Equipment2
747.707747.707 - Incident/Illness Report Form Shared with Parent2
744.3807744.3807(e)(3)(A) - 4 through 7 years of age, outgrown weight or height limit of seat and less than 4 feet, 9 inches in height or cannot be properly secured2
747.305747.305(b)(4) - Parental Communication - Situation that Placed a Child at Risk2
744.623744.623(1) - Immunization Records - Signed Statement from Parent2
746.4215746.4215(a) - Share Indoor Activity Space With Written Plan2
747.3605747.3605(b)(1) - Administering Medication - Original Container with Child's Name, Date2
HRC 42.048HRC42.048(e) - Permit issued is not transferable - Revoked if change of owner or location2
747.5333747.5333(1) - CO Detection System Type-Individual (UL) Listed Plug In, Hardwire, Battery2
746.4607746.4607(b)(1) - Maximum Height - Under Age 22
747.4109747.4109 - Fenced Outdoor Activity Space -Exits Required2
747.2103747.2103(a)(2) - Written Activity Plan - Outline Daily Activities2
744.1103744.1103(3) - Minimum Qualifications Employees and Caregivers - Affidavit (Form 2985)2
747.1149747.1149 - Director Certificate Not Renewed2
747.2607747.2607(3) - Activities for School-age - Provides Thinking Skills and Sensory Development2
746.4971746.4971(1) - Inflatables - Enclosed Used According to Manufacturer's Instructions2
746.4605746.4605(b)(4) - Equipment Prohibited for Younger Than 4 Yrs - Over-head Rings2
747.623747.623(1) - Immunizations-Record must be on file with preK or school2
744.701744.701(5) - Licensing Incident/Illness Report Form - Situations Placing Children at Risk2
744.2803744.2803(c) - Policies for Release of Children Instruct Employees of Verification Plan2
746.205746.205(b) - Liability Insurance Requirements - If No Insurance Then Must Provide Written Notification to Licensing Annually by Anniversary Date of Issuance2
746.4315746.4315(a) - Share Outdoor Activity Space With Written Plan2
747.201747.201(a)(1) - The primary caregiver lives in the home where care is provided.2
746.607746.607 - Signed Admission Form2
744.2525744.2525 - Pest Extermination2
747.2505747.2505(1) - Furnishings and Equipment for Pre-Kindergarten Age - Age-appropriate2
745.405745.405 - Operating Prior to Issuance2
744.3105744.3105(a)(5) - Prohibited Equipment - Multiple Occupancy Swings1
746.2423746.2423 - Naptime for Infants1
746.4801746.4801 - Definition- What does Licensing mean by the term use zone?1
746.5001746.5001(4) - Swimming Pools - Chemicals and Pumps Inaccessible to Children1
746.4815746.4815(a)(1) - Use Zones - Licensed Before September 1, 2003 - Climbing Structures1
746.805746.805(3) - Electronic Records-Available During Business Hours1
744.203744.203(2) - Liability Insurance Requirements - Provide Proof of Coverage Annually by Anniversary Date of Issuance1
747.4201747.4201 - Handwashing Sinks and Toilets1
747.3223747.3223 - Pest Extermination1
746.3429746.3429(a) - Children Not Allowed in Areas with Pesticide Residue1
747.4813747.4813(a)(1) - Safety Requirements for Wading Pools - Stored Out of Children's Reach1
746.2703746.2703(1) - Space Requirements for School-age - Interest Centers1
746.1325746.1325(b) - Documented annual training - Specific to water safety1
745.505745.505 - Listed Family Home Required Fees1
746.1039746.1039(a)(3) - Documentation for Directors - Verification of Meeting Educational Requirements1
746.3707746.3707(b) - Firearms, Hunting Knives, Bows and Arrows, Weapons Prohibited Unless Residence1
HRC 42.056HRC42.056 - Background Checks1
746.5203746.5203(b) - Inform and Share Emergency Preparedness Plan With Parents1
746.2705746.2705 - School-age Furnishings and Equipment1
747.2809747.2809(1) - Arrangement of Napping Equipment - Not Blocking Entrances or Exits1
746.4911746.4911(a) - Installation of Unitary Surfacing Materials - to Manufacturer's Specifications1
744.2503744.2503 - Documentation of Annual Sanitation Inspection1
744.2657744.2657(1) - Storage of Medication - Inaccessible to Children1
HRC 42.0563HRC 42.0563 - Employment affidavit regarding inappropriate relationship with minor1
747.2803747.2803 - Length of Naptime1
747.3225747.3225(4) - Store Pest Control Products According to Label1
747.1403747.1403 - Orientation for Household Members- Required1
747.521747.521(7) - Parent right to receive contact information for CCR1
744.3611744.3611(a) - Smoke-Detection System1
747.4203747.4203(c) - Handwashing Sink Used Safely and Independently1
747.1211747.1211(b)(1) - Caregiver Qualification Age Exemption Attends High School - Not in Charge of Group1
744.3607744.3607(a) - Inspect Fire Extinguishers Monthly1
746.4421746.4421(2)(B) - Doors to Restroom - Employee in Restroom With Children Under 5 Years of Age1
744.2301744.2301(1) - Field Trips - Signed Permission1
744.2655744.2655(b)(1) - Administering Medication - Original Container with Child's Name, Date1
747.309747.309(a) - AP Parental Notification of Deficiency as described in 747.307 within 5 Days1
744.2705744.2705(a) - Animals at Operation - No Contact with Chickens, Ducks, Reptiles1
746.709746.709 - Incident/Illness Report Form Storage1
746.2509746.2509 - Toddler Daily Report1
744.1015744.1015 - Operation and Program Director Qualifications1
HRC 42.059HRC42.059 - Employment Affidavit1
746.4905746.4905 - Acceptable Loose-fill Surfacing1
744.2003744.2003(2) - Children Younger Than 5 - Policies Address Promotion of Physical Activity1
747.2329747.2329 - Covering Infant's Head or Crib1
746.1805746.1805(a) - Transportation Child/Caregiver Ratio - Children Younger Than 2 Years1
746.3815746.3815(a) - Specialized Medical Assistance - Provide as Recommended or Ordered by a Health-Care Professional1
747.2903747.2903 - Field Trips - Notification to Parents1
744.1109744.1109 - Education Outside of U.S.1
746.5621746.5621(2) - Communication Between Center and Vehicle - Route, Times Known1
747.4709747.4709(a) - Installation of Unitary Surfacing Materials1
746.1905746.1905 - Child/Caregiver Ratio - Combining Infants with Older Children in Get-well Care1
747.4205747.4205 - Supply Soap and Individual Towels1
746.5535746.5535(a) - Install CO Detection System-Number of CO Detection Devices1
747.2325747.2325 - Crib Activities1
746.2707746.2707(6) - Activities for School-age - Provide Indoor and Outdoor Active Play1
746.1313746.1313 - Time Period of Training1
746.309746.309(a)(1) - Parental Notification of Safe Sleeping Deficiency1
747.4111747.4111 - Fenced Outdoor Activity Space -Gates Locked1
744.1105744.1105(1) - Additional Minimum Qualifications for Caregivers - Age Requirement1
746.4409746.4409 - Location of Toilets1
746.1703746.1703 - Child/Caregiver Ratio - Combining Ages With 12 or Fewer Children1
747.2328747.2328 - No Swaddling of Infant Unless Completed Sleep Exception Form on File1
747.3503747.3503(a) - People Whose Behavior/Health Threatens Children Not Present1
747.2605747.2605(2) - School-age Furnishings and Equipment - Age-appropriate Rest Equipment1
744.3755744.3755(a)(1) - Install CO Detection System-Electric or Battery Operated-on Every Level of Each Building1
747.3007747.3007(5) - Nighttime Requirements - Separate Sleeping and Dressing Areas for Over 6 Yrs1
747.2507747.2507(2) - Activities for Pre-Kindergarten Age - Provide Thinking Skills and Sensory Development1
747.701747.701(5) - Licensing Incident/Illness Report Form - Situations Placing Children at Risk1
744.1605744.1605 - Child/Caregiver Ratio - 2 Caregivers1
745.135745.135 - Program Does Not Meet Exemption Criteria1
747.1015747.1015 - Education Outside of U.S.1
744.3251744.3251(a) - Active Play Surfacing In Use Zones - Loose Fill or Unitary Surfacing1
747.2327747.2327(a) - AP Must Place Infants in Face up Sleeping Position or Must Have Completed and Signed Sleep Exception Form for the Infant1
745.619745.619 - Background Check Requirements - Submit All Identifying Information1
744.3753744.3753(2) - CO Detection System Type-Electronic Connected to (UL) Listed Alarm/Smoke Detection System1
744.2801744.2801 - Release of Children1
744.3109744.3109(b)(2) - Maximum Height - 5 Yrs and Older1
744.3751744.3751 - Operation Must be Equipped with a Working Carbon Monoxide (CO) Detection System1
746.2807746.2807 - Employees Discipline Own Children1
746.2901746.2901 - Supervised Naptime Daily1
744.2002744.2002(2) - Care Requirements 5 or More Hours - Active and Quiet Play1
746.3311746.3311(d) - Special Diets - No Nutrient Concentrates or Supplements1
746.4955746.4955(a) - Use Zones of SCPE - Entrances and Exits1
747.2703747.2703(4)(D) - Positive Methods of Discipline and Guidance - Brief Supervised Separation1
744.2653744.2653(b) - Medication Authorization Expires on First Anniversary1
747.1203747.1203(a) - Definition of Assistant Caregiver1
746.5204746.5204 - Coordination of Implementation of Emergency Preparedness Plan1
744.2703744.2703(b) - Animals at Operation- Statement of Health from Veterinarian1
747.3111747.3111(d) - Special Diets - No Nutrient Concentrates or Supplements1
747.3903747.3903(c) - Policies for Release of Children - Record Identity of Person1
744.1609744.1609(a)(2) - Exceeding Maximum Group Size - 5 Yrs and Older (1 1/2 hr)1
746.4419746.4419 - Toilets, Sinks and Fountains Used Safely and Independently1

Statewide counts: Texas HHSC non-compliance records, all years in the state file, chapters 742, 744, 745, 746 and 747. Houston counts: the last five years, after our filters (see how we check the data).

Explanations follow the current rules (HHSC minimum standards, revised December 2025).