Section 745.667 - How will the CBCU determine whether a subject who has been arrested or charged with a crime may be present at an operation?(a) A subject who has been arrested or charged with a crime may not be present at an operation if: (1) A conviction for the arrest or charged offense would: (A) Bar the subject from being present at an operation permanently or on a time-limited basis; or(B) Prohibit the subject from being present at an operation pending the outcome of a risk evaluation; or(2) The CBCU determines that the subject poses an immediate threat to the health or safety of children.(b) If a subject has been arrested or charged with a crime, the CBCU may place conditions or restrictions on the subject's presence at an operation as the CBCU finds necessary to protect the health or safety of children: (1) If a conviction for the arrest or charged offense would not: (A) Bar the subject from being present at an operation permanently or on a time-limited basis; or(B) Prohibit the subject from being present at an operation pending the outcome of a risk evaluation; and(2) The CBCU does not determine that the subject poses an immediate threat to the health or safety of children.(c) The determination of whether the subject arrested or charged with a crime may be present at an operation and any condition or restriction placed on a subject's presence at an operation are temporary pending the final outcome of the alleged crime (i.e., charges never filed, dismissal, conviction, or acquittal). Once there is a final outcome to the alleged crime, the CBCU will determine whether the subject may be present at an operation based on criteria in § 745.661 of this division (relating to What types of criminal convictions may affect a subject's ability to be present at an operation?) and other relevant rules in this subchapter.26 Tex. Admin. Code § 745.667
Adopted by Texas Register, Volume 43, Number 50, December 14, 2018, TexReg 8144, eff. 1/13/2019; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963