Home child care in Texas is licensed by the state (HHSC Child Care Regulation) under Human Resources Code Chapter 42, not by counties. El Paso County does not zone or permit home daycare in the unincorporated area. Section 42.041(a) bars operating a child-care facility without a state license; Section 42.002
Child care in Texas is regulated at the state level. Under Human Resources Code Chapter 42, the HHSC Child Care Regulation division licenses, registers, or lists child-care operations, and Section 42.041(a) provides that no person may operate a child-care facility without a license issued by the department. Home-based tiers include a Listed Family Home (up to three unrelated children), a Registered Child-Care Home, and a Licensed Child-Care Home (up to twelve). Section 42.002 defines a 'family home' as one providing regular care in the caretaker's residence for not more than six children under 14, plus limited after-school children, not exceeding twelve total. Because counties cannot zone, El Paso County requires no county use permit, home-occupation permit, or business license. Inside
Primary enforcement is by the state: operating a child-care home without the required HHSC license, registration, or listing violates Human Resources Code Section 42.041(a) and can bring administrative penalties, injunction, or closure. El Paso County cannot cite a home daycare
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