Baytown, TX Home Business: Home Daycare (2026)

Home daycare in Baytown is governed primarily by Texas Human Resources Code Chapter 42 and Texas Administrative Code Title 26, which establish licensing requirements through the Texas Health and Human Services Commission (HHSC). A Registered Family Home may care for 1 to 6 children (including the caregiver's own children under age 14 who are present during operating hours). A Listed Family Home may care for 1 to 3 unrelated children and requires listing with HHSC but not full registration. A Licensed Family Home may care for 7 to 12 children with at least two caregivers present. Texas Human Resources Code Section 42.075 prohibits municipalities from adopting ordinances that exclude registered or licensed family homes from residential neighborhoods or impose standards more restrictive than state standards. This means Baytown cannot ban home daycares in residential zones. Providers must pass HHSC background checks including criminal history, sex offender registry, and child abuse and neglect registry checks. The home must provide at least 30 square feet of indoor space per child and 80 square feet of outdoor play space per child. Fencing of at least 4 feet high must enclose the outdoor play area. All pools and bodies of water on the property must have barriers meeting HHSC standards. Fire safety inspections and compliance with local fire codes including smoke detectors and fire extinguishers are required. The home daycare must still comply with Baytown's general home occupation provisions regarding parking and traffic.