Travis County, TX Home Business: Home Daycare (2026)
Key Facts
- Regulator
- TX HHSC Child Care Licensing
- Registered home cap
- 6 plus 6 school-age
- County zoning
- None in unincorporated areas
- Fire inspection
- Travis County Fire Marshal
- Deed restrictions
- May apply
Summary
Registered and licensed child-care homes in unincorporated Travis County operate under Texas HHSC rules (TX Human Resources Code Ch. 42, 26 TAC Ch. 745). County has no zoning, so home daycares are permissible subject to state license, fire marshal inspection, and deed restrictions.
Sec. 42.002. DEFINITIONS. ... "Family home" means a home that provides regular care in the caretaker's own residence for not more than six children under 14 years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed 12 at any given time. 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.
Full Breakdown
Texas Health and Human Services Commission licenses Registered Child-Care Homes (up to 6 children plus 6 school-age part-time) and Licensed Child-Care Homes (7-12 children). Travis County cannot impose zoning restrictions on unincorporated homes, but the Travis County Fire Marshal inspects for egress, smoke alarms, and fire extinguishers per 26 TAC §745.645. HOAs and deed restrictions may still limit home daycare operation. Operators must complete 30 pre-service training hours and maintain CPR/First Aid certification.
Violations & Fines
Operating without HHSC registration: administrative penalty up to $1,000/day. Fire code violations cited by Travis County Fire Marshal under IFC 2021 as adopted.
Sources & Official References
Other rules in Travis County
Texas rules heatmap·Compare Travis County to another location·View the Texas home business overview
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