The Texas child care standards cited most at small centers

The 10 standards cited most

Ranked by the number of citations, out of 13,205 citations to 792 different standards. The bar is the share of the 1,346 centers cited at least once for that standard.

Each rule is quoted word for word from the official source, on the date shown. Not legal advice: rules change, and each citation was made under the text in force on the day of the visit.

1. 1

   Annual fire inspection

   26 TAC §746.5101(a). Texas rates it high risk.

   Cited 348 times at 283 centers (21%).

   What 26 TAC §746.5101(a) says

   (a) Your child-care center must have a fire inspection before we issue your initial permit and at least once every 12 months, unless your child-care center is located in a public school facility operated by the local independent school district.

   Quoted: subsection (a), word for word. The whole rule is at the link.

   Source: Texas Administrative Code, Title 26, Chapter 746 (Minimum Standards for Child-Care Centers), Texas Secretary of State. Read October 6, 2026.

2. 2

   Keeping the building, grounds and equipment clean and in repair

   26 TAC §746.3407. Texas rates it medium-high risk.

   Cited 307 times at 220 centers (16%).

   What 26 TAC §746.3407 says

   You must clean, repair, and maintain the building, grounds, and equipment to protect the health of the children. This includes, but is not limited to:

   (1) Setting aside toys and equipment that are placed in children's mouths, or are otherwise contaminated by body secretion or excrement, to be sanitized before handling by another child;

   (2) Machine washing cloth toys, if used, at least weekly and when contaminated;

   (3) Machine washing all linens at least weekly, and when soiled or before another child uses them;

   (4) Sanitizing sleeping equipment before a different child uses it and when soiled;

   (5) Sanitizing potty-chairs after each child's use;

   (6) Emptying water play tables and toys used in water tables daily, sanitizing, and ensuring children and caregivers wash their hands before using the water table;

   (7) Maintaining sand boxes and sand tables in a sanitary manner;

   (8) Making all garbage inaccessible to children and managing it to keep the child-care center inside and outside, free of insects, rodents, and offensive odors, and disposing of it according to local and state requirements;

   (9) Keeping all floors, ceilings, and walls in good repair and clean. Paints used at the child-care center must be lead-free;

   (10) Keeping all parts of the child-care center used by children well heated, lighted, and ventilated;

   (11) Sanitizing table tops, furniture, and other similar equipment used by children when soiled or contaminated with matter such as food, body secretions, or excrement;

   (12) Clearly marking cleaning supplies and other toxic materials and keeping them separate from food and inaccessible to children; and

   (13) Using, storing, and disposing of hazardous materials as recommended by the manufacturer.

   Source: Texas Administrative Code, Title 26, Chapter 746 (Minimum Standards for Child-Care Centers), Texas Secretary of State. Read October 6, 2026.

3. 3

   Supervising closely enough to keep each child safe

   26 TAC §746.1205(a)(4). Texas rates it high risk.

   Cited 253 times at 191 centers (14%).

   What 26 TAC §746.1205(a)(4) says

   (a) The caregiver is responsible for:

   (4) Providing the level of supervision necessary to ensure each child's safety and well-being, including physical proximity and auditory or visual awareness of each child's on going activity as appropriate; and

   Quoted: subsection (a), paragraph (4), and the words that introduce it, word for word. The whole rule is at the link.

   Source: Texas Administrative Code, Title 26, Chapter 746 (Minimum Standards for Child-Care Centers), Texas Secretary of State. Read October 6, 2026.

4. 4

   Annual sanitation inspection

   26 TAC §746.3401(a). Texas rates it medium-high risk.

   Cited 239 times at 195 centers (14%).

   What 26 TAC §746.3401(a) says

   (a) Your child-care center must have a sanitation inspection before we issue your initial permit and at least once every 12 months, unless your child-care center is located in a public school facility operated by the local independent school district.

   Quoted: subsection (a), word for word. The whole rule is at the link.

   Source: Texas Administrative Code, Title 26, Chapter 746 (Minimum Standards for Child-Care Centers), Texas Secretary of State. Read October 6, 2026.

5. 5

   Yearly report of employees who left

   26 TAC §746.303(b). Texas rates it medium-low risk.

   Cited 229 times at 184 centers (14%).

   What 26 TAC §746.303(b) says

   (b) By January 15 of each year, you must report to us through your online Child Care Licensing Account the total number of employees who ceased working at your center during the previous calendar year.

   Quoted: subsection (b), word for word. The whole rule is at the link.

   Source: Texas Administrative Code, Title 26, Chapter 746 (Minimum Standards for Child-Care Centers), Texas Secretary of State. Read October 6, 2026.

6. 6

   Required topics in each caregiver's annual training

   26 TAC §746.1309(e). Texas rates it medium risk.

   Cited 214 times at 166 centers (12%).

   What 26 TAC §746.1309(e) says

   (e) While there are no clock hour requirements for the topics in this subsection, the annual training hours must also include training on the following topics:

   (1) Emergency preparedness;

   (2) Preventing and controlling the spread of communicable diseases, including immunizations;

   (3) Administering medication, if applicable, including compliance with §746.3803 of this chapter (relating to What authorization must I obtain before administering a medication to a child in my care?);

   (4) Preventing and responding to emergencies due to food or an allergic reaction;

   (5) Understanding building and physical premises safety, including identification and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic; and

   (6) Handling, storing, and disposing of hazardous materials including compliance with §746.3425 of this chapter (relating to Must caregivers wear gloves when handling blood or bodily fluids containing blood?).

   Quoted: subsection (e), word for word. The whole rule is at the link.

   Source: Texas Administrative Code, Title 26, Chapter 746 (Minimum Standards for Child-Care Centers), Texas Secretary of State. Read October 6, 2026.

7. 7

   Child/caregiver ratio

   26 TAC §746.1601: How many children may one caregiver supervise?

   Cited 206 times at 130 centers (10%).

   Listed by name and count only. We don't publish state ratio numbers; the rule itself is on the official site. Read 26 TAC §746.1601 on the Texas Secretary of State's site. Heading read October 6, 2026.

8. 8

   Immunization records for each child

   26 TAC §746.603(a)(4). Texas rates it medium risk.

   Cited 204 times at 161 centers (12%).

   What 26 TAC §746.603(a)(4) says

   (a) You must maintain the following records for each child enrolled in your child-care center:

   (4) Immunization records;

   Quoted: subsection (a), paragraph (4), and the words that introduce it, word for word. The whole rule is at the link.

   Source: Texas Administrative Code, Title 26, Chapter 746 (Minimum Standards for Child-Care Centers), Texas Secretary of State. Read October 6, 2026.

9. 9

   Background check cleared before a new person is at the center

   26 TAC §745.641. Texas rates it high risk.

   Cited 203 times at 178 centers (13%).

   What 26 TAC §745.641 says

   You must receive notification from the CBCU that the subject of a background check is eligible, eligible with conditions, or provisionally eligible with conditions before allowing the subject to be present at your operation. However, pending the eligibility determination, the subject may be present at an operation for the sole purpose of attending orientation or pre-service training, as long as the subject does not have contact with children in care.

   Source: Texas Administrative Code, Title 26, Chapter 745 (Licensing), Texas Secretary of State. Read October 6, 2026.

10. 10

    Areas children can reach kept free of hazards

    26 TAC §746.3701. Texas rates it medium-high risk.

    Cited 194 times at 154 centers (11%).

    What 26 TAC §746.3701 says

    All areas accessible to a child must be free from hazards including the following:

    (1) Electrical outlets accessible to a child younger than five years must have childproof covers or safety outlets;

    (2) 220-volt electrical connections within a child's reach must be covered with a screen or guard;

    (3) Air conditioners, electric fans, and heaters must be mounted out of all children's reach or have safeguards that keep any child from being injured;

    (4) Glass in sliding doors must be clearly marked with decals or other materials placed at children's eye level;

    (5) Play materials and equipment must be safe and free from sharp or rough edges and toxic paints;

    (6) Poisonous or potentially harmful plants must be inaccessible to all children;

    (7) Bottle warmers must be inaccessible to all children and used only according to manufacturer instructions;

    (8) All storage chests, boxes, trunks, or similar items with hinged lids must be equipped with a lid support designed to hold the lid open in any position, be equipped with ventilation holes, and must not have a latch that might close and trap a child inside;

    (9) All bodies of water, wading pools, hot tubs, birdbaths, fountains, buckets, and rain barrels must be inaccessible to all children; and

    (10) All televisions must be anchored, so they cannot tip over. A television may be anchored to a rolling cart, if it is anchored in a way that the cart will not tip over.

    Source: Texas Administrative Code, Title 26, Chapter 746 (Minimum Standards for Child-Care Centers), Texas Secretary of State. Read October 6, 2026.