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Keller, TX Home Business: Home Daycare (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

No Permit Needed
3 or fewer unrelated children
Registered Home
4 to 12 children (HHSC)
State Preemption
6 or fewer children allowed in SF zones
Local Review
Home occupation UDC standards
Fire Inspection
Required for licensed homes

Summary

Keller permits registered home daycares as home occupations subject to Texas HHSC licensing. Operators must hold a state permit and meet UDC home-occupation standards.

Sec. 42.002. DEFINITIONS. In this chapter:(1) "Child" means a person under 18 years of age.(2) "Division" means the division designated by the department to carry out the provisions of this chapter.(3) "Child-care facility" means a facility licensed, certified, or registered by the department to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.(4) "General residential operation" means a child-care facility that provides care for seven or more children for 24 hours a day, inclu

Source: Texas HHSC Child Care RegulationView official code

Full Breakdown

Home daycares in Keller are regulated jointly by the Texas Health and Human Services Commission (HHSC) Child Care Regulation division and the Keller Unified Development Code (UDC) home occupation standards. Under 26 Texas Administrative Code Chapter 745, a caregiver watching up to 3 unrelated children needs no state permit, while 4 to 12 children requires either a Registered Child-Care Home permit or a Licensed Child-Care Home permit from HHSC. All home daycares in Keller must also meet the UDC home occupation rules: the use must remain incidental to the dwelling, no exterior alterations visible from the street, no signage beyond what the UDC allows, and no significant increase in traffic or on-street parking congestion.

041). Operators should coordinate drop-off staggering and off-street parking so activity does not disturb neighbors. Fire inspections are handled by Keller Fire Marshal for larger home daycares.

Violations & Fines

Operating an unlicensed daycare exceeding HHSC thresholds is a state-level offense with civil penalties up to 1,000 dollars per day. Keller UDC violations are misdemeanors with fines up to 500 dollars per day.

Frequently Asked Questions

Can my HOA ban a home daycare in Keller?
Texas Human Resources Code 42.041 bars both cities and HOAs from prohibiting a state-licensed family home daycare serving 6 or fewer children in single-family areas, though reasonable CCR rules on signage and parking may still apply.
Do I need a Keller business license?
Keller does not issue a general business license, but home daycares must register their home occupation with the Community Development Department and submit proof of HHSC licensure before opening.

Sources & Official References

Other rules in Keller

All Keller rules

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