Texas childcare center licensing requirements
Everything a prospective or operating childcare center needs to license and stay compliant in Texas, with the real figures pulled straight from 26 TAC Chapter 746, the Minimum Standards for Child-Care Centers.
Last reviewed July 2026· Summary only, not legal advice
Compliance quick reference
- Regulating agency
- Texas Health and Human Services Commission (HHSC), Child Care Regulation
- Regulatory code
- 26 TAC Chapter 746 (Minimum Standards for Child-Care Centers)
- Subsidy program
- Child Care Services (CCS), Texas Workforce Commission
- License term
- Renews every 2 years; window opens 60 days before the anniversary
- Infant ratio (0 to 11 months)
- 1:4, maximum group size 10
- Inspections
- At least once a year, with at least one annual visit unannounced
Opening or operating a childcare center in Texas means meeting the Minimum Standards enforced by the Texas Health and Human Services Commission (HHSC), Child Care Regulation. Licensing here is statewide-uniform, so there is no separate city or county licensing layer to satisfy: Child Care Regulation issues the permit, conducts the inspections, and runs the background-check process for every center in the state.
The governing rules are 26 TAC Chapter 746, the Minimum Standards for Child-Care Centers, which cover centers licensed for 13 or more children. The chapters moved from Title 40 to Title 26 of the Administrative Code in 2020, so current citations read Title 26. Chapter 746 sets the ratios and maximum group sizes a center must hold at all times, the qualifications and training hours for directors and caregivers, the drills a center runs and documents, and the space every child is owed.
Two publicly funded programs sit alongside licensing. Child Care Services (CCS) is the state's CCDF subsidy, set by the Texas Workforce Commission under 40 TAC Chapter 809 but delivered through 28 local Workforce Development Boards, so much of the operating detail is Board-specific. Texas Public School Prekindergarten, run by the Texas Education Agency and school districts, is criteria-based rather than universal: free to a child meeting at least one qualifying criterion, and required of any district with 15 or more eligible 4-year-olds.
Texas staff-to-child ratios by age
The maximum children one caregiver may supervise, and the maximum group size, for each age band under 26 TAC Chapter 746.
| Age group | Ratio | Max group |
|---|---|---|
| Infant (0 to 11 months)Birth–1 yr | 1:4 | 10 |
| Toddler (12 to 17 months)1 yr–18 mo | 1:5 | 13 |
| Toddler (18 to 23 months)18 mo–2 yr | 1:9 | 18 |
| 2 years (24 to 35 months)2 yr–3 yr | 1:11 | 22 |
| 3 years (36 to 47 months)3 yr–4 yr | 1:15 | 30 |
| 4 years (48 to 59 months)4 yr–5 yr | 1:18 | 35 |
| 5 years (60 to 71 months)5 yr–6 yr | 1:22 | 35 |
| 6 to 8 years (72 to 107 months)6 yr–9 yr | 1:26 | 35 |
| 9 to 13 years (108 to 167 months)9 yr–14 yr | 1:26 | 35 |
- Infant (0 to 11 months)Birth–1 yr1:4Max group: 10
- Toddler (12 to 17 months)1 yr–18 mo1:5Max group: 13
- Toddler (18 to 23 months)18 mo–2 yr1:9Max group: 18
- 2 years (24 to 35 months)2 yr–3 yr1:11Max group: 22
- 3 years (36 to 47 months)3 yr–4 yr1:15Max group: 30
- 4 years (48 to 59 months)4 yr–5 yr1:18Max group: 35
- 5 years (60 to 71 months)5 yr–6 yr1:22Max group: 35
- 6 to 8 years (72 to 107 months)6 yr–9 yr1:26Max group: 35
- 9 to 13 years (108 to 167 months)9 yr–14 yr1:26Max group: 35
Texas ratio calculator
Enter how many children you have in each age group to see the minimum number of caregivers Texas requires.
Estimates the legal minimum from each group's ratio and assumes single-age groupings. Mixed-age rooms must use the youngest child's ratio, and other rules (naptime, ages turning over) can change staffing. Always confirm against the official Texas regulations.
Caregiver qualifications and training
What Texas requires of directors, lead teachers, and the training every staff member completes each year.
Annual training hours
- 24 hours/year of ongoing training for each staff member
- 30 hours/year for the director
- 24-hour new-staff orientation
Common required courses
Minimum qualifications
Director
At least 21 years old with a high school diploma or equivalent, plus one of seven education and experience pathways (Figure 26 TAC §746.1015, for centers licensed for 13 or more children): (1) a bachelor's degree with 12 credit hours in child development and 6 in management, plus 1 year of experience; (2) an AAS in child development or a related field with 6 child development and 6 management credit hours, plus 2 years; (3) 60 college credit hours including 9 in child development and 6 in management, plus 2 years; (4) a community-college child-care administrator's certificate with at least 15 child development and 3 management credit hours, plus 2 years; (5) 6 management credit hours with a CDA or CCP credential, plus 2 years; (6) an approved day-care administrator's credential (26 TAC Ch. 745, Subchapter P), plus 2 years; or (7) 9 child development and 9 management credit hours, plus 3 years. Options (5) and (6) require periodic renewal (§§746.1053, 746.1055), and experience is defined at §746.1021. Centers licensed for 12 or fewer children use the separate table at §746.1017.
Lead teacher
Caregivers must be at least 18 years old with a high school diploma, high school equivalent, or high school certificate of coursework completion (26 TAC §746.1107; all employees §746.1105). A 16 or 17 year old holding a diploma or equivalent may be counted in the child/caregiver ratio if never left with sole responsibility, works in the same room under a §746.1107-qualified caregiver, and has completed an approved child-care career program (§746.1109).
Emergency drills, reporting, and child health
The emergency drills Texas centers must run, mandatory-reporting duties, and the health practices required at every center.
Required emergency drills
- Fire26 TAC §746.5205(1) (Subchapter W, Division 2)Monthly
- Severe weather sheltering26 TAC §746.5205(2) (Subchapter W, Division 2)At least 4 times per calendar year
- Lockdown26 TAC §746.5205(3) (Subchapter W, Division 2)At least 4 times per calendar year
Suspected abuse or neglect must be reported: Any person must report immediately (Tex. Family Code §261.101(a)). A professional, a definition that expressly includes day-care employees, must report no later than the 24th hour after first having reasonable cause to believe, to DFPS or a law enforcement agency, and the duty cannot be delegated (§261.101(b), §261.103(a)). Texas Abuse Hotline 1-800-252-5400..
- Safe-sleep practices required for infants
- Medication-administration training required
- Children follow the CDC/ACIP immunization schedule; Texas accepts medical and religious exemptions with the required documentation
Background checks
Recheck at least every 5 years
Statewide-uniform under 26 TAC Ch. 745, Subchapter F. Checks are required for the owner (sole proprietor, each partner, and any board member or officer involved in everyday management); every employee and prospective employee including directors and administrators; substitutes; every person 14 or older who is counted in ratio, has unsupervised access, or provides direct care; every person 14 or older residing at the operation; and every person 14 or older who is regularly or frequently present (§745.605(a)). Fingerprint-based checks apply to §745.605(a)(1) through (6); the regularly-or-frequently-present group is name-based only unless out-of-state history applies (§745.611(a)). Disqualifying convictions are governed by §745.661, which does not list offenses in the rule itself: it points to three charts that HHSC reviews annually and republishes each January in the Texas Register and on the Licensing website. Related provisions cover deferred adjudication (§745.663), arrests and charges (§§745.665, 745.667), sex-offender registrants (§745.669), and Central Registry findings (§745.671). Effective August 31, 2026, a SEMARC check (Search Engine for Multi-Agency Reportable Conduct) becomes a required component of every background check.
Facility & license
- Indoor space
- 30 sq ft/child
- Outdoor space
- 80 sq ft/child
- License term
- 2 years
- Inspections
- At least one inspection per year, with at least one annual visit unannounced (Tex. Hum. Res. Code §42.044(b); 26 TAC §745.8409(a)). HHSC may inspect as often as necessary (§745.8407), so the annual visit is a floor rather than a cap. A licensed day-care center with a history of substantial compliance may instead be designated for a biennial inspection, which must also be unannounced (§42.044(b-3)).
Child Care Services subsidy in Texas
Texas helps eligible families pay for care through Child Care Services. Participating centers take on attendance and documentation duties to claim reimbursement.
- Program
- Child Care Services
- Attendance / signature record
- Subsidy Record
- Eligibility basis
- At or below 85% of the State Median Income for a family of the same size, plus an asset test of $1,000,000 or less, self-certified (40 TAC §809.41). That is the federal CCDF ceiling; local Workforce Boards may set lower initial thresholds.
- Income eligibility
- Child Care Services (CCS), Texas's CCDF subsidy, is set by TWC under 40 TAC Ch. 809 and delivered by 28 Local Workforce Development Boards via Workforce Solutions offices. Family income at or below 85% SMI (40 TAC § 809.41); Boards may set lower initial thresholds. Parent(s) must be working, in school, or in job training (single-parent about 25 hrs/wk, two-parent about 50 combined hrs/wk; Board-set; homeless families exempt). 12-month eligibility periods.
- Family copay
- The Parent Share of Cost is a Commission-set sliding fee scale based on family size and gross monthly income (determined per §809.44), expressed as a percentage of State Median Income up to 85% (40 TAC §809.19(a)(1)(B)). It may not exceed 7 percent of family income, regardless of how many children are receiving care (§809.19(a)(1)(C)). Provider reimbursement is set by each of the 28 local Workforce Boards, by age group and provider type, with Texas Rising Star tiered quality add-ons on top. Under HB 2294 (2025), a Board may pay Texas Rising Star providers at its maximum rate regardless of the provider's published rate, provided that doing so does not reduce the Board's target for the average number of children served. There is no single statewide rate.
- Grace absence days
- Up to 40 paid absence days per year
- Source
- Figures effective 2025. Official Texas program source
How to get a childcare license in Texas
The typical path from application to an issued license. Steps and timelines vary, so confirm the current process with the licensing agency.
Confirm which permit the setting actually needs
Tex. Human Resources Code §42.052 draws the line by headcount. Care for related children only is exempt at any number. In the caretaker's home, 3 or fewer unrelated children must be listed with HHSC and 4 or more must be registered, with family homes capped at 12. A licensed center begins at 13 children, the setting Chapter 746 governs.
Apply to HHSC Child Care Regulation
Submit the child-care center permit application to HHSC Child Care Regulation and build the program around Chapter 746 from day one. Licensing is statewide-uniform, so the same Minimum Standards apply wherever the center opens, with no local licensing overlay to reconcile.
Clear background checks for every covered person
Every covered person clears a criminal history check (fingerprint-based through the Texas Department of Public Safety and the FBI, or name-based by role), a Central Registry check, a National Sex Offender Registry check, and out-of-state checks if they lived outside Texas in the prior 5 years, under 26 TAC Chapter 745, Subchapter F.
Meet the indoor and outdoor space minimums
Subchapter T sets the space standards: at least 30 square feet of indoor activity space per licensed child (§746.4201) and 80 square feet of outdoor space per child using the area at one time (§746.4301(a)). Total outdoor space must reach 25% of licensed indoor capacity (§746.4301(b)), inside a fence at least 4 feet high (§746.4305).
Qualify and train the director and caregivers
A director must be at least 21 with a high school diploma or equivalent plus one of seven education-and-experience pathways (§746.1015); caregivers must be at least 18 with a diploma or equivalent (§746.1107). Orientation comes within 7 days of hire, before unsupervised access to a child. Pre-service training is 24 clock hours: 8 before a caregiver counts in ratio, 16 within 90 days.
Receive the permit and keep it current
Apply to renew the permit every 2 years (§745.473(a)); the renewal window opens 60 days before the anniversary. Expect at least one inspection a year, with at least one annual visit unannounced (Tex. Hum. Res. Code §42.044(b)), though a center with a history of substantial compliance may be designated for a biennial inspection instead.
How hayway supports Texas center workflows
hayway organizes center records and compares them with configured baselines. It does not replace the licensing agency, state portal, or professional advice.
Texas childcare licensing FAQ
Quick answers to the questions operators ask most.
What is the staff-to-child ratio for infants in Texas?
For infants 0 to 11 months, Texas requires one caregiver for every four children (1:4) with a maximum group size of 10 (§746.1601, §746.1609). Ratios loosen with age, reaching 1:11 at 2 years and 1:18 at 4 years; the full breakdown is in the ratio table on this page. Centers licensed for 12 or fewer children use a separate combination chart at §746.1701.
What qualifications does a center director need in Texas?
A director must be at least 21 years old with a high school diploma or equivalent, and must meet one of seven education-and-experience pathways set out at §746.1015. Directors also complete 30 clock hours of training a year, at least 6 of them instructor-led.
How many annual training hours are required for staff in Texas?
A caregiver completes 24 clock hours a year, at least 5 instructor-led (§746.1309). A director completes 30, at least 6 instructor-led, plus 6 hours of management and leadership with 5 or fewer years of director experience (3 hours with more) (§746.1311). Pre-service training counts separately: 24 clock hours, 8 before a caregiver may be counted in ratio and 16 within 90 days.
What background checks does Texas require, and how often?
Under 26 TAC Chapter 745, Subchapter F: a criminal history check (fingerprint-based via Texas DPS and the FBI, or name-based by role), a Central Registry check, a National Sex Offender Registry check, and out-of-state checks for anyone who lived outside Texas in the prior 5 years. Renewals fall due at least every 5 years, or every 2 years for name-based-only subjects. Effective August 31, 2026, a SEMARC check (Search Engine for Multi-Agency Reportable Conduct) is also required.
How much indoor and outdoor space does each child need?
At least 30 square feet of indoor activity space per licensed child (§746.4201) and at least 80 square feet of outdoor space per child using the area at one time (§746.4301(a)). The denominators differ: indoor per licensed child, outdoor per child in the area at once. Total outdoor space must also reach 25% of licensed indoor capacity (§746.4301(b)), inside a fence at least 4 feet high (§746.4305).
How long is a Texas child-care permit valid, and how often is a center inspected?
A permit is renewed every 2 years (§745.473(a)), and the renewal window opens 60 days before the anniversary date. Centers are inspected at least once a year, with at least one annual visit unannounced (Tex. Hum. Res. Code §42.044(b); §745.8409(a)). A center with a history of substantial compliance may instead be designated for a biennial inspection.
What emergency drills does Texas require?
Under §746.5205: a fire drill every month, with children able to exit safely within three minutes; a severe-weather sheltering drill at least 4 times per calendar year; and a lockdown drill at least 4 times per calendar year. Each drill is documented with its date, time, and length. Suspected abuse or neglect is reported immediately, and by a professional (day-care employees included) no later than the 24th hour (Tex. Family Code §261.101; Texas Abuse Hotline 1-800-252-5400).
What is the childcare subsidy program in Texas?
Child Care Services (CCS) is the state's CCDF subsidy, set by the Texas Workforce Commission under 40 TAC Chapter 809 and delivered by 28 local Workforce Development Boards. Families qualify at or below 85% of State Median Income, with an asset test of $1,000,000 or less (§809.41), and the Parent Share of Cost is a sliding scale capped at 7% of family income (§809.19). A child may have no more than 40 unexplained absences per 12-month eligibility period (§809.78). Attendance runs through TX3C on a parent or sponsor PIN plus signature; a photo is optional.
Official sources
Verify any figure on this page against the primary sources below before you act on it.
Disclaimer: These figures summarize 26 TAC Chapter 746 and its companion chapters for convenience; confirm current requirements directly with HHSC Child Care Regulation before making licensing decisions. This page is for informational purposes only and is not legal or compliance advice.
Keep licensing records connected to daily operations
hayway tracks ratios, drills, training, and Child Care Services claim records alongside billing and family engagement. Confirm requirements and submissions with the official agency.