TITLE 26. HEALTH AND HUMAN SERVICES
PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 745. LICENSING
The executive commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§745.21, 745.609, 745.615, 745.631, 745.643, 745.683, 745.695, 745.751, 745.775, and 745.8483; new §745.675; and the repeal of §745.601 and §745.607.
BACKGROUND AND PURPOSE
The proposal is necessary to implement Senate Bill (SB) 1849, 88th Legislature, Regular Session, 2023. SB 1849 created Texas Health and Safety Code Chapter 810, Interagency Reportable Conduct Search Engine, and amended Texas Human Resources Code §§42.056(b), 42.159(c), and 42.206(c). The search engine created by the bill will include findings of reportable conduct by the Texas Education Agency, Texas Juvenile Justice Department, and HHSC Employee Misconduct Registry that were not previously considered by HHSC Child Care Regulation (CCR). CCR is proposing amended, new, and repealed rules to define the search engine required by statute, require CCR's use of the search engine as part of any subject's background check, and clarify that the reportable conduct findings may prevent a person from being present at an operation or affect a person's ability to receive or maintain an administrator's license.
The purpose of the proposal is also to update rules and definitions to provide additional detail regarding background check and licensing procedures and to improve the readability and understanding of the rules.
SECTION-BY-SECTION SUMMARY
The proposed amendment to Subchapter A, Division 2, amends the title of the division.
The proposed amendment to §745.21 (1) amends the rule title; (2) amends and deletes many of the existing terms and definitions; (3) adds terms and definitions to the rule; and (4) updates and incorporates definitions from current §745.601 and §745.607, which are proposed for repeal.
The proposed repeal of Subchapter F, Division 1, deletes §745.601, the division's only rule, as it is no longer necessary because the content of the rule has been updated and added to proposed amended §745.21.
The proposed amendment to Subchapter F, Division 2, renumbers the division to Division 1.
The proposed repeal of §745.607 deletes the rule as it is no longer necessary because the content of the rule has been updated and added to proposed amended §745.21.
The proposed amendment to §745.609 (1) amends the rule title; (2) removes cross-references to other rules; (3) adds a Search Engine for Multi-Agency Reportable Conduct (SEMARC) check as part of a required background check; and (4) makes nonsubstantive changes to language and punctuation for better readability and understanding.
The proposed amendment to §745.615 (1) amends the rule title; (2) clarifies that a person who requires a background check in a listed family home that only provides care for related children also needs a National Sex Offender Registry check if the person lived in another state or territory within five years prior to the submission of the background check request; (3) adds a SEMARC check as part of a required background check; and (4) makes nonsubstantive changes to language and punctuation for better readability and understanding.
The proposed amendment to Subchapter F, Division 3, renumbers the division to Division 2.
The proposed amendment to §745.631 (1) amends the rule title; (2) makes nonsubstantive changes to language and punctuation for better readability and understanding; and (3) eliminates examples outlining when the Centralized Background Check Unit may place conditions on a subject's presence.
The proposed amendment to §745.643 (1) amends the rule title; and (2) makes nonsubstantive changes to language and punctuation for better readability and understanding.
The proposed amendment to Subchapter F, Division 4 (1) renumbers the division to Division 3; and (2) amends the title of the division.
Proposed new §745.675 describes the SEMARC findings that would bar a subject's presence at an operation or qualify the subject for a risk evaluation.
The proposed amendment to Subchapter F, Division 5, (1) renumbers the division to Division 4; and (2) amends the title of the division.
The proposed amendment to §745.683 (1) amends the rule title; (2) clarifies that a child-placing agency may request a risk evaluation; and (3) simplifies language for better readability and understanding.
The proposed amendment to §745.695 (1) amends the rule title; (2) removes cross-references to other rules; and (3) simplifies language and makes nonsubstantive changes to punctuation for better readability and understanding.
The proposed amendment to Subchapter F, Division 7, renumbers the division to Division 6.
The proposed amendment to §745.751 (1) amends the rule title; (2) simplifies language to clarify that CCR considers the severity and circumstances of a background check result and the prospective position, role, and responsibilities of the person at the operation when determining if the person is an immediate threat to the health or safety of children; and (3) makes nonsubstantive changes to language, punctuation, and rule organization for better readability and understanding.
The proposed amendment to Subchapter F, Division 8, renumbers the division to Division 7.
The proposed amendment to §745.775 (1) amends the rule title; (2) removes rule language regarding financial crimes to match CCR's current background check process for licensed administrators and applicants for an administrator's license; and (3) eliminates duplication of content that exists in another rule.
The proposed amendment to §745.8483 (1) amends the rule title; (2) clarifies that confidentiality may be required by statute or rule; and (3) makes nonsubstantive changes to language and punctuation for better readability and understanding.
FISCAL NOTE
Trey Wood, Chief Financial Officer, has determined that for each year of the first five years that the rules will be in effect, there will be an estimated additional cost to state government as a result of enforcing and administering the rules as proposed. Enforcing and administering the rules does not have foreseeable implications relating to costs or revenues of local governments.
The effect on state government for each year of the first five years the proposed rules are in effect is an estimated cost of $3,795,008 in fiscal year (FY) 2027, $1,209,658 in FY 2028, $1,209,658 in FY 2029, $1,209,658 in FY 2030, and $1,209,658 in FY 2031. Funds were appropriated for these costs by the 89th Legislature, Regular Session, 2025, through the Exceptional Item process for the FY 2027 and FY 2028 biennium. The costs associated with this proposal are shared with other HHSC proposals, implementing SB 1849, that will be published in future issues of the Texas Register.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the rules will be in effect:
(1) the proposed rules will not create or eliminate a government program;
(2) implementation of the proposed rules will create new HHSC employee positions;
(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;
(4) the proposed rules will not affect fees paid to HHSC;
(5) the proposed rules will create new regulations;
(6) the proposed rules will expand and repeal existing regulations;
(7) the proposed rules will not change the number of individuals subject to the rules; and
(8) the proposed rules will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The rules do not impose any additional costs on small businesses, micro-businesses, or rural communities required to comply with the rules.
LOCAL EMPLOYMENT IMPACT
The proposed rules will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these rules because the rules: (1) are necessary to protect the health, safety, and welfare of the residents of Texas; (2) do not impose a cost on regulated persons; and (3) are necessary to implement legislation that does not specifically state that §2001.0045 applies to the rules.
PUBLIC BENEFIT AND COSTS
Rachel Ashworth-Mazerolle, Associate Commissioner for Child Care Regulation, has determined that for each year of the first five years the rules are in effect, the public benefit will be increased protections for children in regulated settings from persons with a history of reportable conduct.
Trey Wood has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because the rules do not change background check fees or require any additional resources to comply.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal, including information related to the cost, benefit, or effect of the proposed rule, as well as any applicable data, research, or analysis, may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 25R018" in the subject line.
SUBCHAPTER
A.
DIVISION
2.
DEFINITIONS [
FOR LICENSING
]
STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, as well as Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority. In addition, the adoption of rule changes relating to §§745.21, 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, and 745.8483 are authorized by Texas Human Resources Code §42.042, which requires the executive commissioner to adopt rules and minimum standards related to required qualifications and background checks of employees at regulated facilities.
The proposal affects Texas Human Resources Code §§42.042, 42.056, 42.159, and 42.206, and Texas Health and Safety Code Chapter 810.
§745.21.
What do the following words and terms mean when used in this chapter?]
The following [words and] terms[, when used] in this chapter, have the following meanings unless the context clearly indicates otherwise:
(1)
Abuse--As defined in the Texas Family Code[,] §261.001(1) [(relating to Definitions) and Texas Administrative Code, Title 40, Chapter 707, Subchapter C, Division 5 (relating to Abuse, Neglect, and Exploitation)].
(2)
Affinity--Related by marriage, as set forth in Texas Government Code[,] §573.024 [(relating to Determination of Affinity)]
(3)
Business entity--May include an association, corporation, nonprofit association, nonprofit corporation, nonprofit association with religious affiliation, nonprofit corporation with religious affiliation, limited liability company, political subdivision, or state agency. For purposes of this chapter, this definition does not include any type of "partnership." [May be an association, corporation, nonprofit association, nonprofit corporation, nonprofit association with religious affiliation, nonprofit corporation with religious affiliation, or limited liability company.]
(4) Capacity--The maximum number of children that a permit holder may care for at one time.
(5) Caregiver--A person who is counted in the child to caregiver ratio, whose duties include the supervision, guidance, and protection of a child.
(6) CBCU--Centralized Background Check Unit. A subdivision of Child Care Regulation that conducts background checks.
(7) CCR--Child Care Regulation. A department of the Texas Health and Human Services Commission responsible for regulatory oversight of child care operations.
(8) Central registry--A DFPS database of persons who have been found by DFPS to have abused, neglected, or exploited a child.
(9) [(6)] Child--A person under 18 years old.
(10) [(7)] Child care [Child-care] facility--An operation defined in Texas Human Resources Code §42.002(3). [An establishment subject to regulation by Licensing that provides assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the establishment operates for profit or charges for its services. A child-care facility includes the people, administration, governing body, activities on or off the premises, operations, buildings, grounds, equipment, furnishings, and materials. A child-care facility does not include child-placing agencies, listed family homes, employer-based child care operations, or shelter care operations.]
(11) [(8)] Child day care--Taking care of, supervising, teaching, or educating:
(A) a child under 14 years old who is not related to the caregiver, for less than 24 hours a day, in a place other than the child's own home, including taking care of school-age children before or after the regular school day; or
(B) a related child under 14 years old, for less than 24 hours a day, that occurs in the caregiver's or child's home if the care is given:
(i) under the auspices of a listed family home; and
(ii) the caregiver follows the requirements in the Texas Labor Code Chapter 313, including providing care in the child's home only if:
(I) the child or one of the child's siblings is disabled;
(II) the child or one of the child's siblings is under 18 months old;
(III) the child has a parent 18 years old or younger;
(IV) the child has a parent 19 years old, who is in high school working towards a diploma;
(V) the child's parent works during the evening, overnight, or on the weekend and taking the child out of the home would be disruptive to the child; or
(VI)
the Texas Workforce Commission determines there are no other child care options available in the community. [As defined in §745.33 of this chapter (relating to What is child day care?).]
[(9) Child-placing agency (CPA)--A person, including a sole proprietor, partnership, or business or governmental entity, other than the parents of a child, who plans for the placement of or places a child in a child care operation or adoptive home.]
(12) [(10)] Children related to the caregiver--Children described in Texas Human Resources Code §42.002(16) [who are the children, grandchildren, siblings, great-grandchildren, first cousins, nieces, or nephews of the caregiver, whether by affinity or consanguinity or as the result of a relationship created by court decree].
(13) Client in care--A child or young adult in the care of an operation.
(14) [(11)] Consanguinity--As [Two individuals are related to each other by consanguinity if one is a descendant of the other; or they share a common ancestor. An adopted child is related by consanguinity for this purpose. Consanguinity is] defined in Texas Government Code[,] §573.022 [(relating to Determination of Consanguinity)].
(15) [(12)] Contiguous [operations]--Sharing [Two or more operations that touch at a point on] a common border or [are] located in the same building.
(16) [(13)] Controlling person--A person described in Texas Human Resources Code §42.002(18). [As defined in §745.901 of this chapter (relating to Who is a controlling person at a child-care operation?).]
(17) Criminal history--Information collected by criminal justice agencies about a person's interactions with the criminal justice system, including a person's record of arrests, convictions, and other types of criminal justice involvement.
(18) Days--Calendar days, unless otherwise stated.
(19) [(14)] Deficiency--Any failure to comply with a statute, administrative rule, minimum standard, condition on a permit, [rule, statute, specific term of your permit,] or condition of [your] probation.
(20) Designated finding--A finding in the DFPS central registry against a person (also known as a designated perpetrator) who has not finished challenging the finding through an administrative review, a due process hearing, or other rights of appeal.
(21) [(15)] Designated perpetrator--A person listed in the DFPS central registry who has a designated finding of child abuse, neglect, or exploitation. [As defined in §745.731 of this chapter (relating to What are designated perpetrators and sustained perpetrators of child abuse or neglect?).]
(22) [(16)] Designee--The person named on the application as the designated representative of the operation who is officially authorized by the owner to speak for and act on the operation's [operations'] behalf.
(23) DFPS--Texas Department of Family and Protective Services.
(24) DPS--Texas Department of Public Safety.
(25) [(17)] Employee--Any natural person who works for or has a contract [employed by or that contracts] with the permit holder [, including caregivers, drivers, kitchen personnel, maintenance and administrative personnel, and the center or program director].
(26) [(18)] Endanger--To expose a child to a situation where physical or mental injury to a child is likely to occur.
(27) [(19)] Exploitation--As defined in Texas Family Code[,] §261.001(3) [and Texas Administrative Code, Title 40, Chapter 707, Subchapter C, Division 5].
(28) FBI--Federal Bureau of Investigation.
(29) Fingerprint-based criminal history check--A search that compares a subject's fingerprints with the:
(A) DPS database of arrests and dispositions for alleged crimes committed in Texas;
(B) FBI database of arrests and dispositions for alleged crimes committed in the United States and Territories;
(C) DPS database of the Texas sex offender registry; and
(D) FBI database of the National Sex Offender Registry.
[(20) Finding--The conclusion of a Licensing investigation or inspection indicating compliance or deficiency with one or more minimum standards, rules, or statutes.]
(30) [(21)] Full license--Issued to operate a child care operation after meeting the requirements of this chapter either while maintaining a license or to issue a full license instead of an initial license as described in this chapter. [The type of full permit that is issued to an operation that requires a license. See also §745.341 of this chapter (relating to What type of permit does Licensing issue?) and §745.343 of this chapter (relating to What is the difference between an initial license and a full license?).]
(31) [(22)] Full permit--Includes a listing, registration, compliance certification, or a full license. [A full permit includes a listing, registration, compliance certificate, or a full license. See also §745.341 and §745.343 of this chapter.]
(32) [(23)] Governing body--A person or group of persons or officers of a business or governmental entity that has ultimate control over the operation [entity].
(33) [(24)] Governmental entity--A political subdivision or state agency of Texas.
(34) HHSC--Texas Health and Human Services Commission.
(35) HHSC EMR--The Employee Misconduct Registry maintained by HHSC.
(36) [(25)] Household member--A person who lives in an operation or verified foster home, who is not a caregiver or client in care. [An individual, other than the caregivers, who resides in an operation.]
(37) Initial background check--The first background check that an operation requests for a person.
(38) [(26)] Initial license--As defined in Texas Human Resources Code §42.051. An initial license is valid for 12 months from the date of issuance; however, CCR may renew an initial license for up to an additional six months. [A time-limited license that we issue to certain applicants for a full license in situations described in §745.345 of this chapter (relating to When does Licensing issue an initial license?).]
(39) [(27)] Licensed administrator--A licensed child care administrator or licensed child placing agency administrator as defined in Texas Human Resources Code §43.001. [As defined in §745.8905 of this chapter (relating to What is a licensed administrator?).]
(40) Licensing--CCR, which was formerly titled Child Care Licensing.
(41) [(28)] Minimum standards--Regulatory administrative rules that [Minimum requirements for] permit holders must follow [that are enforced by Licensing] to protect the health, safety, and well-being of children. These rules are found [The minimum standards consist of the rules contained] in:
(A) Chapter 742 of this title (relating to Minimum Standards for Listed Family Homes);
(B) Chapter 743 of this title (relating to Minimum Standards for Shelter Care);
(C) Chapter 744 of this title (relating to Minimum Standards for School-Age and Before or After-School Programs);
(D) Chapter 746 of this title (relating to Minimum Standards for Child-Care Centers);
(E) Chapter 747 of this title (relating to Minimum Standards for Child-Care Homes);
(F) Chapter 748 of this title (relating to Minimum Standards for General Residential Operations);
(G) Chapter 749 of this title (relating to Minimum Standards for Child-Placing Agencies); and
[(H) Chapter 750 of this title (relating to Minimum Standards for Independent Foster Homes); and]
(H) [(I)] Subchapter D, Division 11 of this chapter (relating to Employer-Based Child Care).
(42) Name-based Texas criminal history check--A search that compares a subject's name with the:
(A) DPS database of arrests and dispositions for alleged crimes committed in Texas; and
(B) DPS database for the Texas sex offender registry.
(43) National Sex Offender Registry--A national database that has records on persons who are required to register on a jurisdiction's sex offender registry.
(44) [(29)] Neglect--As defined in the Texas Family Code[,] §261.001(4) [and Texas Administrative Code, Title 40, Chapter 707, Subchapter C, Division 5].
(45) [(30)] Operation (also known as a child care [child care] operation)--Any person or entity that must have a permit according to Texas Human Resources Code Chapter 42. [A sole proprietor, partnership, or business or governmental entity offering a program that is subject to Licensing's regulation, including day-care operations and residential child care operations. An operation includes the building and grounds where the program is offered, any person involved in providing the program, and any equipment used in providing the program. An operation includes a child-care facility, child-placing agency, listed family home, employer-based child care operation, shelter care operation, or any operation that requires a permit under Chapter 42, Texas Human Resources Code.]
(46) Out-of-state child abuse and neglect registry check--A search that compares the subject's name with another state's or territory's database of persons who have been found to have abused or neglected a child.
(47) Out-of-state criminal history check--A search that compares the subject's name or fingerprints with another state's or territory's database of arrests and dispositions for crimes committed in the other state or territory.
(48) Out-of-state sex offender registry check--A search that compares the subject's name with another state's or territory's sex offender registry.
(49) [(31)] Owner--The sole proprietor, partnership, or business or governmental entity that owns an operation that is subject to CCR's regulation [by Licensing].
(50) [(32)] Parent--A person or entity that [who] has legal responsibility for or legal custody of a child, including the managing conservator or legal guardian of the child or a legally authorized representative of an entity with managing conservatorship of the child.
(51) [(33)] Permit--A license, certification, registration, listing, compliance certificate, or any other written authorization granted by CCR [Licensing] to operate a child care operation. This also includes an administrator's license.
(52) [(34)] Permit holder--The owner of the operation that is granted the permit.
(53) [(35)] Pre-kindergarten age child--A child who is three or four years of age before the beginning of the current school year.
(54) Present at an operation--A person is present at an operation if the person has or may have contact with children in care. This includes:
(A) the person is physically present at an operation while any child is in care, unless the person is present for the sole purpose of attending orientation or pre-service training or is briefly present for business unrelated to child care and does not have contact with children in care;
(B) the person has responsibilities that may require the person to be present at an operation while any child is in care;
(C) the person resides at an operation or is present at an operation on a regular or frequent basis; or
(D) the person has direct access to any child in care, including supervised or unsupervised direct access to any child.
(55) [(36)] Program--Activities and services provided by an operation.
(56) Regularly or frequently present at an operation--Visiting the operation often, at regular times, or consistently over time.
(A) A person is regularly or frequently present at an operation if the person:
(i) is present at the operation on a scheduled basis;
(ii) visits the operation three or more times in a 30-day period, with each visit being less than 24 hours, and with multiple or repeated visits to an operation within the same day counting as one visit;
(iii) stays or lives at the operation for more than seven days in a row; or
(iv) stays or lives at the operation three or more times per year, with each stay being more than 48 hours.
(B) For foster homes, the following persons are not considered to be regularly or frequently present at a foster home:
(i) a child unrelated to a foster parent who visits the foster home, unless:
(I) the child is responsible for the care of a foster child; or
(II) there is a reason to believe that the child has a criminal history or previously abused or neglected another child; and
(ii) an adult unrelated to a foster parent who visits the foster home, unless:
(I) the adult has unsupervised access to children in care; or
(II) there is a reason to believe that the adult has a criminal history or previously abused or neglected a child.
(C) For a child day care operation, a parent is not considered regularly or frequently present at the operation only because the parent is visiting his or her child. A parent is considered regularly or frequently present at the operation if the parent volunteers at the operation.
(57) [(37)] Regulation--Includes the following:
(A)
the [The] development of administrative rules, including minimum standards, as provided by statutory authority; and
(B)
the [The] enforcement of requirements that are minimum standards, administrative rules, statutes, or any condition or restriction HHSC has [we have] placed on a permit. Anyone providing or seeking to provide care or a service that is subject to regulation must comply with all [the] applicable requirements. This includes a permit holder, an applicant for a permit, and anyone providing care or a service without the appropriate permit.
(58) Renewal background check--A background check that an operation requests for a person who has already had an initial background check at the operation.
(59) [(38)] Report--Any [A] communication to CCR [Licensing] or DFPS [the Department of Family and Protective Services (DFPS)], including the Statewide Intake division of DFPS, of:
(A)
an [An] allegation of a violation of [deficiency in] a minimum standard, rule, or statute; or
(B)
any [Any] other possible risk to a child in the care of an operation that is subject to CCR's regulation [by Licensing].
(60) [(39)] Residential child care--The care, custody, supervision, assessment, training, education, or treatment of a child who is not related by blood, marriage, or adoption to the owner or operator of the operation, for all of the 24-hour day, regardless of whether the operation is operated for profit or charges for the services it offers. [As defined in §745.35 of this chapter (relating to What is residential child care?).]
(61) Risk evaluation--A CBCU process to determine if a person's background check results will allow the person to be present at an operation.
(62) SEMARC--Search Engine for Multi-Agency Reportable Conduct as established by Texas Health and Safety Code Chapter 810. For CCR background check processes, a DFPS central registry check is separate from a SEMARC check.
(63) SEMARC finding--Result of a SEMARC check that shows the determination by a participating state agency that a person engaged in reportable conduct as defined in Texas Health and Safety Code §810.001(6), and any information about the determination recorded in SEMARC.
(64) [(40)] School-age child--A child who is five years of age or older and is enrolled in or has completed kindergarten.
(65) [(41)] State Office of Administrative Hearings (SOAH)--The state agency responsible for conducting certain administrative hearings for other state agencies, including HHSC. [See §745.8831 of this chapter (relating to What is a due process hearing?).]
(66) Subject of a background check--A person for whom the operation submits a request for a background check.
(67) Substitute--A person who fills in for an absent employee or caregiver at an operation.
(68) Sustained finding--A finding in the DFPS central registry against a person (also known as a sustained perpetrator) who has been offered due process, and:
(A) the person has waived the person's due process rights by not requesting an administrative review and a due process hearing timely or by waiving those rights in writing; or
(B) the child abuse, neglect, or exploitation finding was upheld in the due process hearing and any subsequent appeals.
(69) [(42)] Sustained perpetrator--A person listed in the DFPS central registry who has a sustained finding of abuse, neglect, or exploitation of a child. [See §745.731 of this chapter (relating to Who are designated perpetrators and sustained perpetrators of child abuse or neglect?).]
(70) TEA--Texas Education Agency.
(71) Texas sex offender registry--A registry maintained by DPS that contains records on persons who are required to register as sex offenders in Texas.
(72) TJJD--Texas Juvenile Justice Department.
(73) Unsupervised access--Access to a child in care without the presence of another person who is a qualified caregiver.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 8, 2026.
TRD-202601498
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 24, 2026
For further information, please call: (512) 438-3269
SUBCHAPTER
F.
DIVISION 1. DEFINITIONS
26 TAC §745.601STATUTORY AUTHORITY
The repeal is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, as well as Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority. In addition, the adoption of rule changes relating to §§745.21, 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, and 745.8483 are authorized by Texas Human Resources Code §42.042, which requires the executive commissioner to adopt rules and minimum standards related to required qualifications and background checks of employees at regulated facilities.
The proposal affects Texas Human Resources Code §§42.042, 42.056, 42.159, and 42.206, and Texas Health and Safety Code Chapter 810.
§745.601.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 8, 2026.
TRD-202601499
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 24, 2026
For further information, please call: (512) 438-3269
DIVISION 1. REQUESTING BACKGROUND CHECKS
26 TAC §745.609, §745.615STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, as well as Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority. In addition, the adoption of rule changes relating to §§745.21, 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, and 745.8483 are authorized by Texas Human Resources Code §42.042, which requires the executive commissioner to adopt rules and minimum standards related to required qualifications and background checks of employees at regulated facilities.
The proposal affects Texas Human Resources Code §§42.042, 42.056, 42.159, and 42.206, and Texas Health and Safety Code Chapter 810.
§745.609.
What types of background checks are required for persons at my operation?]
[(a)]
Except for listed family homes that only care for children related to the caregiver, a person [as described in subsection (b) of this section, persons] required to have a background check [under §745.605 of this division (relating to For whom must I submit requests for background checks?)] must have the following types of background checks:
(1)
either a: [As further described in §745.611 of this division (relating to Which persons at my operation require either a fingerprint-based criminal history check or a name-based Texas criminal history check?), either a:]
(A)
fingerprint-based [Fingerprint-based] criminal history check; or
(B)
name-based [Name-based] Texas criminal history check;
(2)
a central registry [A Central Registry] check;
(3) a SEMARC check;
(4) [(3)] if the [If your] operation is a child day care [day-care] operation that is not an employer-based child care operation or a shelter care operation, a National Sex Offender Registry check for persons who require a fingerprint-based criminal history check [under §745.611(a)(1) of this division]; and
(5) [(4)] for certain persons identified in this division who have lived outside of Texas, an: [As further described in §745.613 of this division (relating to Which persons at my operation must have an out-of-state criminal history check, an out-of-state child abuse and neglect registry check, and an out-of-state sex offender registry check?), for certain persons, an:]
(A)
out-of-state [Out-of-state] criminal history check;
(B)
out-of-state [Out-of-state] child abuse and neglect registry check; and
(C)
out-of-state [Out-of-state] sex offender registry check.
[(b) This rule does not apply to listed family homes that only provide care to related children. See §745.615 of this division (relating to What types of background checks are required for persons at listed family homes that only provide care to related children?).]
§745.615.
What types of background checks are required for persons at listed family homes that only provide care to related children?]
For listed family homes that only care for [provide care to related] children related to the caregiver, a person [persons] required to have a background check [under §745.605 of this division (relating to For whom must I submit requests for background checks?)] must have the following types of background checks:
(1)
a [A] name-based Texas criminal history check [with a Texas sex offender registry check], unless [except] the person must have a fingerprint-based criminal history check and National Sex Offender Registry check because [if]:
(A)
the [The] person has lived in another state or territory [resided outside of Texas] any time during the five years before [five-year period prior to] the date [you submit] a background check request is submitted [for a background check]; or
(B)
there [There] is reason to believe the person has criminal history in another state; [and]
(2)
a central registry [A Central Registry] check; and[.]
(3) a SEMARC check.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 8, 2026.
TRD-202601501
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 24, 2026
For further information, please call: (512) 438-3269
DIVISION 2. REQUESTING BACKGROUND CHECKS
26 TAC §745.607STATUTORY AUTHORITY
The repeal is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, as well as Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority. In addition, the adoption of rule changes relating to §§745.21, 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, and 745.8483 are authorized by Texas Human Resources Code §42.042, which requires the executive commissioner to adopt rules and minimum standards related to required qualifications and background checks of employees at regulated facilities.
The proposal affects Texas Human Resources Code §§42.042, 42.056, 42.159, and 42.206, and Texas Health and Safety Code Chapter 810.
§745.607.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 8, 2026.
TRD-202601500
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 24, 2026
For further information, please call: (512) 438-3269
DIVISION 2. DETERMINATIONS REGARDING BACKGROUND CHECKS
26 TAC §745.631, §745.643STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, as well as Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority. In addition, the adoption of rule changes relating to §§745.21, 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, and 745.8483 are authorized by Texas Human Resources Code §42.042, which requires the executive commissioner to adopt rules and minimum standards related to required qualifications and background checks of employees at regulated facilities.
The proposal affects Texas Human Resources Code §§42.042, 42.056, 42.159, and 42.206, and Texas Health and Safety Code Chapter 810.
§ 745.631.
In what situations may the CBCU place conditions or restrictions on a subject's presence at an operation?]
The CBCU may place conditions [or restrictions] on a person’s [subject's] presence at an operation if [that] the CBCU determines the conditions to be necessary to protect the health or safety of children. [, including in the following situations:]
[(1) While the subject's out-of-state criminal history check or out-of-state child abuse or neglect registry check is pending, if applicable, and the CBCU has not received information that renders the subject ineligible to be present at an operation;]
[(2) Pending the outcome of a risk evaluation for an eligible criminal conviction, child abuse and neglect finding, or crime for which the subject has been arrested or charged;]
[(3) For an approved risk evaluation; or]
[(4) For a minimum standard violation that is relevant to a condition or restriction already placed on a subject's presence at an operation.]
§745.643.
How can the subject of a background check challenge the accuracy or completeness of the information contained in the results of the background check?]
To challenge the accuracy or completeness of [the information contained in] the background check results [of the background check]:
(1)
the person [The subject] should first talk to [work with] the CBCU representative who [that] made the background check determination and [to] provide updated disposition information or additional documentation; and
(2)
if [If] the person [subject] cannot resolve the problem this way [is unable to resolve the issue in this manner], then the person may seek help [subject may seek resolution of the issue] from the agency that gave [provided] the results to [upon which] the CBCU [background check determination was made].
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 8, 2026.
TRD-202601502
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 24, 2026
For further information, please call: (512) 438-3269
DIVISION 3. CRIMINAL HISTORY, SEX OFFENDER REGISTRY, CHILD ABUSE OR NEGLECT, AND SEMARC FINDINGS
26 TAC §745.675STATUTORY AUTHORITY
The new section is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, as well as Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority. In addition, the adoption of rule changes relating to §§745.21, 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, and 745.8483 are authorized by Texas Human Resources Code §42.042, which requires the executive commissioner to adopt rules and minimum standards related to required qualifications and background checks of employees at regulated facilities.
The proposal affects Texas Human Resources Code §§42.042, 42.056, 42.159, and 42.206, and Texas Health and Safety Code Chapter 810.
§745.675.
(a) SEMARC findings from HHSC EMR, TEA, and TJJD that involve reportable conduct such as abuse, neglect, exploitation, and inappropriate relationships may affect a person's ability to be present at an operation.
(b) Except as addressed in subsection (c) of this section, the following SEMARC findings result in an absolute bar to a person's presence at an operation:
(1) physical or sexual abuse;
(2) inappropriate sexual conduct or communication with a student or child; and
(3) unprofessional conduct demonstrating an inappropriate sexual, romantic, or interpersonal relationship with or interest in a child.
(c) A SEMARC finding regarding physical abuse results in an absolute bar except for a kinship caregiver, who is eligible for a risk evaluation if the finding is more than five years old.
(d) In addition to the exception noted in subsection (c) of this section, the following SEMARC findings are eligible for a risk evaluation:
(1) neglect;
(2) emotional, verbal, or psychological abuse;
(3) financial exploitation or misappropriated funds or property; and
(4) any other finding not noted in this section.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 8, 2026.
TRD-202601503
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 24, 2026
For further information, please call: (512) 438-3269
DIVISION 4. EVALUATION OF RISK BECAUSE OF A FINDING
26 TAC §745.683, §745.695STATUTORY AUTHORITY
The amendments are authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, as well as Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority. In addition, the adoption of rule changes relating to §§745.21, 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, and 745.8483 are authorized by Texas Human Resources Code §42.042, which requires the executive commissioner to adopt rules and minimum standards related to required qualifications and background checks of employees at regulated facilities.
The proposal affects Texas Human Resources Code §§42.042, 42.056, 42.159, and 42.206, and Texas Health and Safety Code Chapter 810.
§745.683.
When may the subject of a background check request a risk evaluation?]
After a person or a child-placing agency (CPA) receives a written notification regarding background check results with eligibility to request a risk evaluation [an operation has submitted a request for a background check], the person or CPA [subject of a background check] may request a risk evaluation as described in the written notice [when the CBCU has provided the subject with written notice that the subject is eligible for a risk evaluation for a criminal conviction, child abuse or neglect finding, or crime for which the subject has been arrested or charged].
§745.695.
What factors does the CBCU use when deciding whether the subject of a background check poses a risk to the health or safety of children in a particular operation?]
When making a risk evaluation determination [decision], the CBCU reviews [will review] all of the information submitted by the requestor [submitted under §745.689 or §745.691 of this division (relating to What must a request for a risk evaluation based on criminal history include? and What must a request for a risk evaluation based on a child abuse or neglect finding include?, respectively)], checks if [consider whether the requestor failed to submit] any information is missing, and reviews [review] any other relevant information. The CBCU considers [will consider] the following factors when deciding if [assessing whether] the person is [subject poses] a risk to the health or safety of children:
(1)
the [The] compliance history and regulatory status of the operation;
(2)
the person's [The subject of a background check's] intended or current role and responsibility at the operation;
(3)
how much time has passed since the finding or criminal history occurred [The length of time that has elapsed since the criminal conviction, child abuse or neglect finding, or crime for which the subject has been arrested or charged];
(4)
the [The] nature and severity of the finding or criminal history [criminal conviction, child abuse or neglect finding, or crime for which the subject has been arrested or charged];
(5)
the person's [The subject's] role in the finding or criminal history [criminal conviction, child abuse or neglect finding, or crime for which the subject has been arrested or charged], including the person's age [of the subject] at the time of the finding [crime or abuse or neglect];
(6)
whether [Whether] there is a pattern of criminal activity [any type of crime] or abusive, neglectful, or exploitative conduct related to the person's interactions with vulnerable populations [abuse or neglect];
(7)
work [Work] history, references, and any evidence of rehabilitative effort over the past 10 years [, such as a copy of a certificate indicating completion of classes, treatment, or support groups (either mandatory or voluntary) that the subject has taken];
(8)
any [Any] federal requirements regarding criminal history and child abuse and neglect findings; and
(9)
any [Any] other relevant factor that enhances or mitigates the risk to the health or safety of children in a particular operation.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 8, 2026.
TRD-202601504
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 24, 2026
For further information, please call: (512) 438-3269
DIVISION 6. IMMEDIATE THREAT OR DANGER TO THE HEALTH OR SAFETY OF CHILDREN
26 TAC §745.751STATUTORY AUTHORITY
The amendment is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, as well as Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority. In addition, the adoption of rule changes relating to §§745.21, 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, and 745.8483 are authorized by Texas Human Resources Code §42.042, which requires the executive commissioner to adopt rules and minimum standards related to required qualifications and background checks of employees at regulated facilities.
The proposal affects Texas Human Resources Code §§42.042, 42.056, 42.159, and 42.206, and Texas Health and Safety Code Chapter 810.
§745.751.
What factors does Licensing consider when determining if a person or an operation is an immediate threat to the health or safety of children?]
CCR [Licensing] considers the following factors when determining if a person [, including the subject of a background check,] or an operation is an immediate threat to the health or safety of children:
(1)
the severity and circumstances of any deficiencies, findings, or criminal history, including any relation to abuse or neglect [The severity of the deficiency, including abuse or neglect];
[(2) The circumstances surrounding the deficiency, including abuse or neglect;]
(2) [(3)] the [The] seriousness of any injuries to children;
(3) [(4)] how much time has passed since any deficiencies, findings, or criminal history finding [The length of time since the deficiency, including abuse or neglect, occurred];
(4) [(5)] if any deficiencies have [Whether the deficiency has] been repeated, if any corrections have been made, and how quickly corrections can be made;
(5) [(6)] the [The] compliance history and current regulatory status of the operation;
[(7) The current regulatory status of the operation;]
[(8) How quickly corrections to the deficiency can be made;]
[(9) If any corrections have already been made;]
(6) [(10)] the person's role [The role of the person] in the deficiency, finding, or criminal history [abuse or neglect];
(7) [(11)] the [The] current or prospective position, role, and responsibilities of the person at the operation; and
(8) [(12)] the [The] degree and immediacy of the threat or danger.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 8, 2026.
TRD-202601505
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 24, 2026
For further information, please call: (512) 438-3269
DIVISION 7. ADMINISTRATOR'S LICENSING
26 TAC §745.775STATUTORY AUTHORITY
The amendment is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, as well as Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority. In addition, the adoption of rule changes relating to §§745.21, 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, and 745.8483 are authorized by Texas Human Resources Code §42.042, which requires the executive commissioner to adopt rules and minimum standards related to required qualifications and background checks of employees at regulated facilities.
The proposal affects Texas Human Resources Code §§42.042, 42.056, 42.159, and 42.206, and Texas Health and Safety Code Chapter 810.
§745.775.
How may a criminal conviction or a child abuse or neglect finding affect my ability to receive or maintain an administrator's license?]
(a)
In addition to the background check process for administrator's licensing, the operation where a person serves as an administrator must also request a background check, as specified in §745.605(a)(2)(A) of this subchapter (relating to For whom must I submit requests for background checks?). The person must meet the background check requirements in this chapter to be present at the operation. This process is separate from the administrator's licensing background check process. [You must meet the background check requirements that are part of the administrator's licensing process in Subchapter N of this chapter (relating to Administrator's Licensing).]
(b)
A person may receive and maintain an administrator's license if the person's background check results allow for a risk evaluation. However, CCR may place restrictions on the license, and an approved risk evaluation must be obtained before the person can be present at an operation. [In addition to complying with the criminal conviction requirements specified in §745.661(a)(1) of this subchapter (relating to What types of criminal convictions may affect a subject's ability to be present at an operation?), you are also monitored for offenses related to financial crimes, including all Title 7 Offenses Against Property, Title 8 Offenses Against Administration, and Title 11 Organized Crime offenses in the Penal Code. financial crimes, including all Title 7 Offenses Against Property, Title 8 Offenses Against Administration, and Title 11 Organized Crime offenses in the Penal Code.]
[(c) You may not receive or maintain an administrator's license if you:]
[(1) Have a criminal conviction, as specified in §745.661(a)(1) of this subchapter or a child abuse or neglect finding as specified in §745.671 of this subchapter (relating to What types of findings from the Central Registry or out-of-state child abuse and neglect registries may affect a subject's ability to be present at an operation?) that would bar you from being present at an operation;]
[(2) Are on a sex offender registry; or]
[(3) Have a felony conviction of a financial crime, as specified in subsection (b) of this section, within the past 10 years.]
[(d) You may receive and maintain an administrator's license if you have a felony conviction of a financial crime older than 10 years or a misdemeanor conviction of a financial crime. However, these crimes do require a risk evaluation and Licensing may place restrictions on your license. You must have an approved risk evaluation before you may be present at an operation.]
[(e) You may receive and maintain an administrator's license if you have a criminal conviction or a child abuse or neglect finding that only requires a risk evaluation. However, Licensing may place restrictions on your license. You must have an approved risk evaluation before you may be present at an operation.]
[(f) In addition to the Administrator's Licensing background check process, the operation where you serve as an administrator must also request a background check on you, as specified in §745.605(a)(2)(A). This process is separate and apart from the Administrator's Licensing background check process.]
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 8, 2026.
TRD-202601506
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 24, 2026
For further information, please call: (512) 438-3269
SUBCHAPTER
K.
DIVISION 3. CONFIDENTIAL RECORDS
26 TAC §745.8483STATUTORY AUTHORITY
The amendment is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, as well as Texas Government Code §524.0005, which provides the executive commissioner of HHSC with broad rule-making authority. In addition, the adoption of rule changes relating to §§745.21, 745.601, 745.607, 745.609, 745.615, 745.631, 745.643, 745.675, 745.683, 745.695, 745.751, 745.775, and 745.8483 are authorized by Texas Human Resources Code §42.042, which requires the executive commissioner to adopt rules and minimum standards related to required qualifications and background checks of employees at regulated facilities.
The proposal affects Texas Human Resources Code §§42.042, 42.056, 42.159, and 42.206, and Texas Health and Safety Code Chapter 810.
§745.8483.
What portions of a child care record are confidential?]
The following parts [We can provide most portions of a child care record to the public. However, the following lists the portions] of a child care record [that] are confidential and will not be shared with [released to] the public in any manner, unless there is [noted as] an exception elsewhere in statute or rule [in §745.8487 of this division (relating to Are there any exceptions that allow the portions of a child care record that are confidential to be released to the public or certain persons?)]:
(1)
information [Information] concerning an open investigation, including:
(A)
interviews [Interviews] with operation staff, foster parents or other caregivers, children, or any other person; and
(B)
internal [Internal] discussions by or among CCR [Licensing] staff;
(2)
the [The] name of the reporter and any information identifying the reporter [that identifies the reporter];
(3)
information [Information] received or obtained from another agency, entity, or person, if that information is confidential under law, including information related to background check findings [checks as explained further in Subchapter F of this title (relating to Background Checks)];
(4)
any [Any] private information that is confidential under state or federal law, including:
(A)
a [A] person's social security number;
(B)
a [A] foster home screening, adoptive home screening, and post-placement adoptive report; and
(C)
any [Any] information pertaining to pending court cases where the state is a party;
(5)
any [Any] information that would interfere with:
(A)
an [An] ongoing law enforcement investigation or prosecution;
(B)
a DFPS [A Texas Department of Family and Protective Services] child abuse, neglect, or exploitation investigation; or
(C)
an HHSC [A Texas Health and Human Services Commission] Long-Term Care Regulation adult abuse, neglect, or exploitation investigation;
(6)
the [The] location of a family violence shelter or a victims of trafficking shelter center as defined by Texas Government Code §552.138;
(7)
information about a person [Information pertaining to an individual] who received services at a family violence shelter or a victims of trafficking shelter center;
(8)
any [Any] photograph, audio or visual recording, or documentation of a child; and
(9)
any other information that is confidential by statute or rule. [Information that is confidential as described in §745.8497 of this division (relating to What confidentiality requirements apply to a person who is an applicant for a permit, a permit holder, or a former permit holder?); and]
[(10) Any other information that is confidential under state or federal law.]
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 8, 2026.
TRD-202601507
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: May 24, 2026
For further information, please call: (512) 438-3269