Montgomery County, TX Home Business: Home Daycare (2026)

Home-based childcare in Texas is regulated by the Health and Human Services Commission Child Care Regulation division under Human Resources Code Chapter 42 and Texas Administrative Code Title 26 Chapter 744 (formerly 40 TAC 747/748). Two home-based categories: Registered Child-Care Home (up to 6 children including provider's own under 13, plus up to 6 elementary-age after school) and Licensed Child-Care Home (7-12 children with assistant). Requirements include: DPS fingerprint-based background check, CPR and first aid certification, TB test, annual 30 hours continuing education (24 hours after first year), smoke detectors and fire extinguishers, outdoor play area 30 sq ft per child, and CCR inspection. Montgomery County cannot use zoning to restrict licensed daycare — HB 2127 (Texas Regulatory Consistency Act, the 'Death Star' preemption) and Human Resources Code §42.042 protect licensed home daycares as a permitted residential use. Conroe Unified Development Code allows licensed home daycare as a home occupation with no customer parking limit beyond 1 additional vehicle, no exterior changes, and drop-off stacking must not block streets. Woodlands residential covenants may restrict — some villages prohibit 'business use' but state licensing typically preempts.