Austin childcare centers are licensed and inspected by Texas Health and Human Services Commission Child Care Regulation under 26 TAC Chapter 746, layered with Austin City Code Title 25 zoning, building, and fire requirements before a center can open.
Texas HHSC Child Care Regulation issues operational licenses under Texas Human Resources Code Chapter 42, with detailed rules on staff-child ratios, square footage, outdoor play, background checks, and ratios. Austin layers on land-use review through Land Development Code Section 25-2 zoning categories, building permit and ADA review through City Code Title 25 chapters 25-1 through 25-12, fire inspection through the IFC Group E and I-4 occupancies, and food-handling permits from Austin Public Health if meals are provided. Family home daycares serving fewer than 12 children may operate as residential use. Centers must also meet AISD-coordinated traffic safety requirements when adjacent to school zones.
Operating without HHSC license is a state offense up to $1,000 per day per child under Human Resources Code 42.078. Austin permit and zoning violations add City Code 25-1 fines up to $2,000 per day plus stop-work orders.
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