Section 745.613 - 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?(a) Except as described in subsections (d) and (e) of this section, a person 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 an out-of-state criminal history check, an out-of-state abuse and neglect registry check, and an out-of-state sex offender registry check: (1) In each state where the person resided during the preceding five-year period, if the person has lived outside of Texas any time during the five-year period prior to the date you submit a request for a background check; or(2) In each state where there is reason to believe the person has criminal history, has a child abuse or neglect history, or is registered as a sex offender.(b) The out-of-state criminal history check must be a fingerprint-based criminal history check if the person currently resides in a state outside of Texas but is employed at an operation regulated by Licensing.(c) The CBCU will inform a person when the person requires any out-of-state checks. The person must ensure that the person's own out-of-state criminal history check and out-of-state child abuse and neglect registry check are provided to the CBCU. The CBCU will conduct the person's out-of-state sex offender registry check.(d) A person does not have to have an out-of-state criminal history check if: (1) The operation submitting the request for a background check is a residential child-care operation, including a child-placing agency, agency foster home, or general residential operation; or(2) The state where the person resided during the preceding five-year period is participating in the FBI's National Fingerprint File (NFF) program.(e) This rule does not apply to listed family homes that only provide care to related children, employer-based child care operations, and shelter care operations.26 Tex. Admin. Code § 745.613
The provisions of this §745.613 adopted to be effective March 1, 2002, 27 TexReg 965; Adopted by Texas Register, Volume 43, Number 50, December 14, 2018, TexReg 8143, eff. 1/13/2019; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963; Amended by Texas Register, Volume 47, Number 29, July 22, 2022, TexReg 4337, eff. 7/26/2022