Texas Childcare Licensing
Texas Childcare Square Footage Requirements (2026)
Indoor activity space is a measured Texas licensing requirement: a center's licensed capacity is capped by the usable indoor square footage available per child. 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)
Licensing Agency
Texas Health and Human Services, Child Care Licensing →Last updated: April 2026
Researched by the TotReady Research TeamTexas Square Footage Requirements: The Specifics
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)
26 TAC Sec. 746.4201
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
Texas family child-care home capacity is set by permit type: a Listed Family Home cares for one to three unrelated children
Tex
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
structured as up to six children birth through 13 plus up to six additional elementary school-age children after school
Texas HHS 'Child Care Home Provider Types'
Tex
Texas does not impose a fixed maximum group-size cap per age band
26 TAC Sec. 746.1609
for child-care centers a 'maximum group size' under 26 TAC Sec. 746.1609 becomes operative only when 13 or more children are in care under two or more caregivers, with the specific limits set in a chart in that rule (commonly summarized as twice the single-caregiver child/caregiver ratio for the youngest age in the group, a formula that could not be confirmed in quotable .gov text because the chart is published as an image)
under 26 TAC Sec.
otherwise classroom size is governed by the staff-to-child ratio.
26 TAC Sec. 746.1609
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Texas Square Footage Requirements: Frequently Asked Questions
How much indoor space per child does Texas require?
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)
Does Texas require outdoor play space too?
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)
What space is excluded when calculating capacity in Texas?
Most states exclude hallways, bathrooms, kitchens, offices, and storage from the usable indoor activity space used to compute capacity. Confirm the exact exclusions in the cited Texas rule above.
Texas childcare licensing rules are amended regularly. This page is compiled from published Texas administrative codes and statutes for informational purposes only — always verify current requirements with the Texas Health and Human Services, Child Care Licensing before relying on them. TotReady provides information and document templates, not legal or regulatory advice.