How to Start a Daycare in Texas (2026)

The 8 Steps to Open a Daycare in Texas

Follow these in order. Each step is grounded in Texas's childcare licensing rules.

1. 1

   Research your state's rules

   Confirm whether your program needs a license in Texas. A living arrangement in a caretaker's home is exempt from licensing only if the caretaker has a written authorization agreement under Family Code Chapter 34, cares for not more than six children (excluding the caretaker's own relatives), and receives no compensation for the care; the regulated 'family home' category covers not more than six unrelated children under 14 plus up to six additional school-age children, total not exceeding 12. (Tex. Hum. Res. Code Sec. 42.041(b)(25); Sec. 42.002(9))

   Read the rule that defines license-exempt care before you do anything else — it determines whether you operate as a family child care home, a center, or an exempt arrangement.

2. 2

   Complete pre-service training & CPR

   Finish the required pre-service training and certifications. Texas child-care-center employees, caregivers, and directors must complete pre-service training before being counted in ratio or having unsupervised access to children, with the required clock hours set out in the chart at 26 TAC Sec. 746.1301 and the mandatory pre-service topics specified in 26 TAC Sec. 746.1305; the commonly cited '8 hours' pre-service figure appears in that 746.1301 chart, which is published as an image and could not be extracted as quotable .gov text. (26 TAC Sec. 746.1301; Sec. 746.1305)

   Plan for ongoing training too: A caregiver at a Texas licensed child-care center must obtain at least 24 clock hours of annual training relevant to the ages of the children served (26 TAC Sec. 746.1309), and a primary caregiver in a licensed or registered child-care home must obtain at least 30 clock hours of training each year relevant to the ages served (26 TAC Sec. 747.1309). (26 TAC Sec. 746.1309; Sec. 747.1309)

3. 3

   Pass background checks

   Submit fingerprint-based background checks for yourself and every staff member, volunteer, and (where applicable) household member before anyone has unsupervised access to children.

   Background-check clearance often takes the longest of any single step — start it early so it doesn't gate your opening date.

4. 4

   Prepare your facility

   Set up a space that meets Texas's facility standards. A Texas child-care center must have at least 30 square feet of indoor activity space for each child it is licensed to serve (26 TAC Sec. 746.4201) and at least 80 square feet of outdoor activity space for each child using the outdoor area at one time (26 TAC Sec. 746.4301); licensed and registered child-care homes must likewise have at least 30 square feet of usable indoor activity space per child in care under Chapter 747. (26 TAC Sec. 746.4201; Sec. 746.4301)

   Match your enrollment plan to capacity limits: Texas family child-care home capacity is set by permit type: a Listed Family Home cares for one to three unrelated children; a Registered Child-Care Home and a Licensed Child-Care Home each may keep no more than 12 children at one time (structured as up to six children birth through 13 plus up to six additional elementary school-age children after school), with a Licensed Child-Care Home covering operations serving seven to 12 children; per-age sub-limits flow from the child/caregiver ratios in 26 TAC Sec. 747.1601 rather than a fixed infant cap. (Tex. Hum. Res. Code Sec. 42.002(9); Texas HHS 'Child Care Home Provider Types'; 26 TAC Sec. 747.1601)

5. 5

   Submit your license application & fee

   File your application with the Texas Health and Human Services, Child Care Licensing and pay the licensing fee. Contact your Texas licensing office to confirm.

   Include your parent handbook, staff policies, enrollment forms, and operations manual — inspectors ask for these at the initial visit.

6. 6

   Pass the licensing inspection

   Schedule and pass your pre-licensing inspection. Annual inspection; additional inspections for complaints or risk-based monitoring

   The inspector checks ratios, square footage, sanitation, emergency preparedness, and your written policies against the regulations.

7. 7

   Open your doors

   Once your license is issued, you can legally begin caring for children under Texas rules. Maintain the staff-to-child ratios at all times: Infant (0-17 months) 1:4, Toddler (18-23 months) 1:5, Toddler (24-35 months) 1:9, Preschool (3 years) 1:11, Preschool (4-5 years) 1:15, School Age (6+ years) 1:26

   Keep certifications current and your handbook updated — these are the items most often cited at renewal.

8. 8

   Enroll families

   Use your compliant enrollment paperwork to bring in families. A complete, Texas-specific parent handbook signals professionalism and keeps you inspection-ready from day one.

   Required enrollment and admission forms must be signed before a child's first day — have them ready before you advertise open spots.

Keep researching Texas

Licensing rules change. The figures above are compiled from Texas statutes and agency materials and are provided for informational purposes only — always verify current requirements with the Texas Health and Human Services, Child Care Licensing before applying. TotReady provides information and document templates, not legal advice.