2024 CCDF rule update: The U.S. Department of Health and Human Services tightened CCDBG attendance documentation requirements. Texas providers receiving subsidy payments must maintain verifiable attendance records. The January 2026 ACF proposed rule may restore state flexibility, but documentation requirements remain in effect during the comment period.
| Licensing agency | Texas Health and Human Services Commission — Child Care Regulation |
| Regulatory code | TX Admin. Code Title 26, Chapter 746 (Min. Standards for Child-Care Centers) |
| Infant ratio (center) | 1:4 (max group: —) |
| Toddler ratio (center) | 1:11 (max group: —) |
| Preschool ratio (center) | 1:12 (max group: —) |
| Subsidy program | Texas Child Care Services (CCMS) / Child Care Management Services |
| CCDBG payment model | Attendance-based |
| Digital attendance required | Yes — attendance must be documented for CCMS reimbursement |
Texas childcare center: Staff-to-child ratio requirements
Texas licensed childcare centers must maintain specific staff-to-child ratios at all times as required by Texas Health and Human Services Commission under TX Admin. Code Title 26, Chapter 746 (Min. Standards for Child-Care Centers).
| Age group |
Staff:child ratio |
Max group size |
Regulation |
| Infant (0–18 months) |
1:4 |
— |
TX HHSC Chapter 746 |
| Toddler (18–36 months) |
1:11 |
— |
TX HHSC Chapter 746 |
| Preschool (3–5 years) |
1:12 |
— |
TX HHSC Chapter 746 |
Source: TX Admin. Code Title 26, Chapter 746 (Min. Standards for Child-Care Centers). Always verify current ratios directly with HHSC before making staffing decisions.
Texas childcare licensing agency
All childcare programs in Texas must be licensed by Texas Health and Human Services Commission through the Child Care Regulation. The agency conducts pre-licensing inspections, issues licenses, and performs ongoing compliance monitoring.
What changed for Texas childcare providers in 2024–2026
2024
HHS CCDF final rule — attendance documentation tightened. The U.S. Department of Health and Human Services issued a final rule requiring all states to tighten CCDBG attendance tracking. Texas providers receiving subsidy payments must maintain verifiable, date-stamped attendance records for each subsidized child.
Jan 2026
ACF proposed rule — state flexibility may be restored. The Administration for Children and Families published a Notice of Proposed Rulemaking (NPRM) that would allow states to choose between enrollment-based and attendance-based payment models. The rule was in the public comment period as of early 2026. Check
acf.hhs.gov for the latest status.
Texas CCDBG / subsidy compliance requirements
Texas’s Child Care and Development Fund (CCDF) subsidy program — Texas Child Care Services (CCMS) / Child Care Management Services — is administered by TX HHSC (Health and Human Services Commission). Providers accepting subsidy-funded children must meet attendance documentation requirements to receive reimbursement.
| Program name | Texas Child Care Services (CCMS) / Child Care Management Services |
| Administering agency | TX HHSC (Health and Human Services Commission) |
| Payment model | Attendance-based payment |
| Digital attendance required | Yes — attendance must be documented for CCMS reimbursement |
| Absence policy | Verify current TX HHSC absence/make-up day policy |
TX HHSC already required attendance-based documentation; HHS loophole closure reinforces existing TX requirements. Local CCMS contractors may have additional digital documentation requirements
Brightwheel helps Texas providers stay compliant.
Digital attendance tracking, parent sign-in/sign-out, and subsidy billing — built for Texas childcare programs navigating the 2024 CCDF rule change.
Digital attendance logs
Timestamped check-in/out records satisfy TX documentation requirements and create an audit-ready trail.
Subsidy billing
Invoice Texas Child Care Services (CCMS) / Child Care Management Services and private-pay families from one platform — no dual systems needed.
Parent sign-in/sign-out
PIN-based parent check-in creates a verifiable attendance record for every drop-off and pickup.
See how brightwheel automates compliance for Texas providers →
Frequently asked questions: Texas childcare licensing
Does Texas require a license to operate a childcare center?
Yes — Texas requires all childcare centers serving children in a group setting to be licensed by Texas Health and Human Services Commission (HHSC). Licensing ensures programs meet minimum standards for staff-to-child ratios, director qualifications, facility safety, and health requirements. Operating without a license is prohibited and may result in fines or closure.
What are the staff-to-child ratios for childcare centers in Texas?
Texas licensed childcare centers must maintain the following minimum ratios: infants (under 18 months): 1:4; toddlers (18–36 months): 1:11; preschool age (3–5 years): 1:12; school-age: 1:15. These ratios are set under TX Admin. Code Title 26, Chapter 746 (Min. Standards for Child-Care Centers). Always verify current requirements with HHSC.
How does Texas handle CCDBG subsidy attendance documentation?
Texas’s subsidy program is administered through Texas Child Care Services (CCMS) / Child Care Management Services under TX HHSC (Health and Human Services Commission). Attendance-based payment. TX HHSC already required attendance-based documentation; HHS loophole closure reinforces existing TX requirements. Local CCMS contractors may have additional digital documentation requirements
What agency licenses childcare in Texas?
Childcare programs in Texas are licensed by Texas Health and Human Services Commission — Child Care Regulation. The regulatory framework is TX Admin. Code Title 26, Chapter 746 (Min. Standards for Child-Care Centers). Visit https://hhs.texas.gov/providers/child-care-regulation/minimum-standards for official licensing applications, regulations, and contacts.
How long does it take to get a childcare license in Texas?
The timeline to obtain a childcare center license in Texas typically ranges from 2–6 months depending on application completeness, background check processing, and scheduling of the required pre-licensing inspection. Applicants should contact Texas Health and Human Services Commission early in the planning process. Programs may not operate until the license is issued.
Does the 2024 HHS rule change affect Texas childcare providers?
Yes — the 2024 CCDF final rule from the U.S. Department of Health and Human Services tightened attendance documentation requirements for all states receiving CCDBG funding, including Texas. Texas providers receiving CCAP/subsidy payments must maintain accurate, verifiable attendance records. The January 2026 ACF proposed rule may restore some state flexibility, but documentation requirements remain in effect while the rule is under review.
County-specific childcare requirements in Texas
Childcare licensing in Texas is set at the state level — the same standards apply statewide. However, local requirements vary by county for zoning approvals, conditional use permits, fire safety inspections, health permits, and business licenses. Below are compliance guides for Texas’s 10 largest counties by population.
Sources & references
This page was compiled from official government sources. Always verify current requirements directly with Texas Health and Human Services Commission before making licensing or compliance decisions.
Disclaimer: This page is for informational purposes only and should not be construed as legal or compliance advice. Childcare licensing requirements change frequently. Always verify current requirements directly with Texas Health and Human Services Commission at
https://hhs.texas.gov/providers/child-care-regulation/minimum-standards before making compliance decisions. Last verified: April 2026.
