Houston, TX Home Business: Home Daycare (2026)
Key Facts
- Regulatory Authority
- Texas HHS Child Care Regulation
- Listed Family Home
- Up to 3 unrelated children; $20/year
- Registered Home
- Up to 6 unrelated children; every 2 years
- Licensed Home
- 7-12 children; annual inspections
- City Zoning
- Houston has no zoning restrictions on home daycares
Summary
Home daycares in Houston are regulated by the Texas Health and Human Services Commission (HHS) under Human Resources Code Chapter 42, not by city ordinance. Three permit tiers exist: Listed Family Home (up to 3 unrelated children), Registered Home (up to 6), and Licensed Home (7-12).
Sec. 42.041. REQUIRED LICENSE. (a) No person may operate a child-care facility or child-placing agency without a license issued by the department. (b) This section does not apply to: ... (10) a family home, whether registered or listed; ... Sec. 42.002. ... (9) "Family home" means a home that provides regular care in the caretaker's own residence ...
Full Breakdown
Texas Human Resources Code Chapter 42 requires HHS to regulate child care operations. Houston does not have a separate municipal daycare licensing scheme. The three tiers are: Listed Family Home (up to 3 unrelated children, $20 annual renewal, minimal oversight), Registered Child Care Home (up to 6 unrelated children, renewed every 2 years, annual inspections), and Licensed Child Care Home (7-12 children, renewed every 2 years, annual inspections with strict safety standards). Operators must complete pre-application training, pass background checks, and apply through the HHS online portal. Processing takes 3-6 months. Since Houston has no zoning, there are no zoning-based restrictions on home daycares. Deed restrictions may impose limits. Listed family homes must notify parents in writing if they do not carry liability insurance.
Violations & Fines
Operating without required HHS registration/license is illegal under Texas law. HHS Child Care Regulation investigates violations and complaints. Penalties include suspension or revocation of permits.
Frequently Asked Questions
Do I need a Houston city permit to run a home daycare?
How many children can I watch in my Houston home?
Sources & Official References
Other rules in Houston
Texas rules heatmap·Compare Houston to another location·View the Texas home business overview
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Home Daycare in Nearby Cities
How other cities in Harris County handle home daycare.