PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 364. PRIMARY HEALTH CARE SERVICES PROGRAM
SUBCHAPTER D. CLEARINGHOUSE FOR PRIMARY CARE PROVIDERS SEEKING COLLABORATIVE PRACTICE
26 TAC §§364.51, 364.53, 364.55, 364.57
The Texas Health and Human Services Commission (HHSC) adopts the repeal of Subchapter D, concerning Clearinghouse for Primary Care Providers Seeking Collaborative Practice consisting of §364.51, concerning Purpose and Authority; §364.53, concerning Definitions; §364.55, concerning Provider Registration; and §364.57, concerning Duties of the Department. The repeal of §§364.51, 364.53, 364.55, and 364.57 is adopted without changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8693). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the adoption is to remove rules which are no longer necessary and to increase clarity in the Texas Administrative Code (TAC). The rules applied to a Department of State Health Services (DSHS) program regarding a clearinghouse for primary care providers seeking collaborative practice. Texas Health and Safety Code §105.007, which covered the clearinghouse, was repealed by Senate Bill 970, 87th Legislature, Regular Session, 2021.
COMMENTS
The 31-day comment period ended December 2, 2024.
During this period, HHSC did not receive any comments regarding the proposed rule repeals.
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §531.0055, 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by the health and human services agencies, and Senate Bill 970 (87th Legislature, Regular Session, 2021), which repealed Texas Health and Safety Code §105.007, the corresponding statutory authority for 26 TAC, Part 1, Chapter 364, Subchapter D.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 17, 2025.
TRD-202500151
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: February 6, 2025
Proposal publication date: November 1, 2024
For further information, please call: (737) 867-7585
The Texas Health and Human Services Commission (HHSC) adopts amendments to §§745.11, 745.8906, 745.8911, 745.8913, 745.8914, 745.8925, 745.8933, 745.8965, 745.8967, 745.8976, 745.9028, 745.9029, and 745.9030; the repeal of §§745.8901, 745.8903, 745.8905, 745.8907, 745.8908, 745.8909, 745.8923, 745.9025, 745.9026, and 745.9027; and new §§745.8905, 745.8907, 745.9023, 745.9024, 745.9025, 745.9026, and 745.9027.
Amendments to §§745.11, 745.8906, 745.8911, 745.8913, 745.8914, 745.8925, 745.8933, 745.8965, 745.8967, 745.8976, 745.9028, 745.9029, and 745.9030; and new §§745.8905, 745.8907, 745.9023, 745.9024, 745.9025, 745.9026, and 745.9027 are adopted with changes to the proposed text as published in the in the September 13, 2024, issue of the Texas Register (49 TexReg 7279). These rules will be republished.
The repeals of §§745.8901, 745.8903, 745.8905, 745.8907, 745.8908, 745.8909, 745.8923, 745.9025, 745.9026, and 745.9027 are adopted without changes to the proposed text as published in the September 13, 2024, issue of the Texas Register (49 TexReg 7279). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments, repeals, and new sections update and clarify rules pertaining to the licensure of child-care administrators for general residential operations and child-placing agencies.
Some of the adopted changes are necessary to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session, 2023, and to be consistent with the recent changes made by HHSC to §351.3 and §351.6 in Texas Administrative Code, Title 1, Part 15. The changes update the administrator's licensing rules related to a military member, spouse, or veteran, including (1) updating the expedited application process for a military member, spouse, or veteran who applies for an administrator's license or to act as an administrator without a license, by clarifying that Child Care Regulation (CCR) will process a complete application within 30 days after CCR receives the application; (2) adding that a military member licensed in good standing by another state with substantially equivalent requirements to Texas may apply to act as an administrator without obtaining an administrator's license under certain circumstances, which is already allowed for a military spouse; (3) clarifying that a military spouse approved to act as an administrator without a license may continue to do so for three years from the date of the approval even if there is a divorce or similar event that changes the marital status of the military spouse; and (4) clarifying that an approval of a military member or spouse to act as an administrator without a license may not be renewed.
Other adopted changes not related to the statutory changes include (1) clarifying when a child-care administrator must have a Child-Care Administrator's License (CCAL) or a Child-Placing Agency Administrator's License (CPAAL), including clarifying and consolidating the exceptions and the deletion of an exception for a CPAAL; (2) clarifying that CCR will waive examination, experience, and education requirements for an applicant with a license in good standing by another state that has licensing requirements substantially equivalent to Texas, including an applicant who is a miliary member, spouse, or veteran, if the applicant meets the background check requirements and is otherwise eligible to apply for an administrator's license; (3) updating the application requirements, including those for a military member, spouse, or veteran, to be consistent with current application and policy requirements; (4) clarifying substitute methods a military member, spouse, or veteran may use to demonstrate competency in the examination, experience, or education requirements for an administrator's license; (5) waiving the replacement fee for a military member, spouse, or veteran to obtain a copy of a lost or destroyed administrator's license or approval letter to act as an administrator without an administrator's license; (6) clarifying that CCR Administrator Enforcement may revoke a military member's or spouse's ability to act as an administrator without a license if the military member or spouse fails to comply with relevant statutes, rules, and minimum standards or if the military member or spouse is no longer licensed in good standing by another state; and (7) consolidating rules, updating citations and titles, and improving the readability and understanding of the rules.
COMMENTS
The 31-day comment period ended October 14, 2024. During this period, HHSC received three comments from Rising Star, a general residential operation.
Comment: Regarding §745.8907 and §745.8911, the commenter asked if an emergency shelter in a county with a population of 40,000 or less can operate without a licensed child-care administrator.
Response: The commenter is correct. The language in §745.8907(a)(1) reflects Texas Human Resources Code (HRC) §43.003(b), which states that a person may serve as the administrator for an emergency shelter in a county with a population of less than 40,000 if the governing body of the shelter takes certain steps that are listed in that statute and in §745.8911. One source of the commenter's confusion may be the misuse of the words "an exempt" in §745.8907(a)(1), which makes the rule read as if the shelter itself must be exempt from regulation. Accordingly, and since rule language must be consistent with statutory language, CCR is deleting "an exempt" from §745.8907(a)(1).
Comment: Regarding §745.8915(a)(4), the commenter stated that while the rule requires a master's or bachelor's degree for a person to qualify for a child-care administrator's license, the rule does not explain the types of institutions that are acceptable. This becomes confusing if someone has a degree from a religious education institution.
Response: §745.8915 was not proposed for change; therefore, HHSC cannot make a change to this rule because the comment is outside the scope of the rule proposal.
Comment: Regarding §745.8915(a)(4), the commenter stated that a person should be able to qualify for a child-care administrator's license on in-depth experience alone without an educational component, for example five or more years as a Program Director or Management of an operation.
Response: §745.8915 was not proposed for change; therefore, HHSC cannot make a change to this rule because the comment is outside the scope of the rule proposal. Note: the current requirements to qualify for a child-care administrator's license are mandated by HRC §43.004(a)(5). A rule allowing other optional methods to qualify for a child-care administrator's license could not be made unless there was a corresponding statutory change.
HHSC amended the format of the rule titles from the question format to a brief declaratory description of the rule and updated the titles in the corresponding references to the rules. In addition, HHSC made minor editorial changes to update a citation at §745.8905(2)(A); make subsections consistent at Figure: 26 TAC §745.8906(3); correct punctuation at §§745.8933(e), 745.9025(1)(B), and 745.9028(d)(2)(B); and update the title for Child Care Regulation Administrator Enforcement at §745.9028(c)(2) and (d) and §745.9030(h).
SUBCHAPTER A. PRECEDENCE AND DEFINITIONS
DIVISION 1. DEFINITIONS FOR THE LANGUAGE USED IN THIS CHAPTER
STATUTORY AUTHORITY
The amendment is adopted under Texas Government Code §531.0055, 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 §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out the duties of HHSC under Chapter 531 of Texas Government Code. In addition, HRC §43.005 permits HHSC to adopt rules to administer Chapter 43.
§745.11.General Definitions.
The following words have the following meanings when used in this chapter:
(1) I, my, you, and your--An applicant or permit holder, unless otherwise stated or the context clearly indicates otherwise.
(2) We, us, our, Licensing, and Child Care Regulation--The Child Care Regulation department of the Texas Health and Human Services Commission.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 13, 2025.
TRD-202500084
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: February 12, 2025
Proposal publication date: September 13, 2024
For further information, please call: (512) 438-3269
DIVISION 1. OVERVIEW OF ADMINISTRATOR'S LICENSING
26 TAC §§745.8901, 745.8903, 745.8905, 745.8907 - 745.8909, 745.8923
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §531.0055, 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 §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out the duties of HHSC under Chapter 531 of Texas Government Code. In addition, HRC §43.005 permits HHSC to adopt rules to administer Chapter 43.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 13, 2025.
TRD-202500085
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: February 12, 2025
Proposal publication date: September 13, 2024
For further information, please call: (512) 438-3269
STATUTORY AUTHORITY
The amendments and new are adopted under Texas Government Code §531.0055, 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 §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out the duties of HHSC under Chapter 531 of Texas Government Code. In addition, HRC §43.005 permits HHSC to adopt rules to administer Chapter 43.
§745.8905.Definitions for Subchapter N.
These terms have the following meanings:
(1) Another state--Includes:
(A) Any state in the United States other than the State of Texas;
(B) Any territory of the United States; or
(C) The District of Columbia.
(2) Child-care administrator--A person who:
(A) Supervises and exercises direct control over a general residential operation, including a residential treatment center, as described in Figure: 26 TAC §745.37(2) of this chapter (relating to What specific types of operations are subject to regulation under this chapter and corresponding minimum standards?); and
(B) Is responsible for the operation's program and personnel, regardless of whether the person has an ownership interest in the operation or shares duties with anyone.
(3) Child-placing agency administrator--A person who:
(A) Supervises and exercises direct control over a child-placing agency, as described in Figure: 26 TAC §745.37(2) of this chapter; and
(B) Is responsible for the agency's program and personnel, regardless of whether the person has an ownership interest in the agency or shares duties with anyone.
(4) Licensed administrator--A licensed child-care administrator or a licensed child-placing agency administrator.
(5) Licensed in good standing by another state--Requires the license issued by another state to be:
(A) Valid, active, and current (has not expired); and
(B) Not subject to a disciplinary action or corrective action.
§745.8906.Types of Administrator's Licenses.
Child Care Regulation may issue an administrator's license to an applicant as described in the following chart.
Figure: 26 TAC §745.8906 (.pdf)
§745.8907.Exceptions to Full Administrator's License Requirement.
(a) A person must have a full Child-Care Administrator's License (CCAL) to serve as a child-care administrator for a general residential operation, including a residential treatment center, except:
(1) When serving as a child-care administrator for a general residential operation that only provides emergency care services according to §745.8911 of this division (relating to Exception for a General Residential Operation that Only Provides Emergency Care Services); or
(2) When serving as a child-care administrator under a provisional CCAL according to:
(A) §745.8913(c) of this division (relating to Qualifying for an Administrator's License Through a License from Another State); or
(B) §745.8925 of this division (relating to Qualifying for a Provisional Child-Care Administrator's License Without Meeting Management and Supervisory Experience) at a general residential operation that meets the requirements of §748.532 of this title (relating to When can a child-care administrator with a provisional license serve as the administrator for a general residential operation?).
(b) A person must have a full Child-Placing Agency Administrator's License to serve as a child-placing agency administrator.
§745.8911.Exception for a General Residential Operation that Only Provides Emergency Care Services.
(a) A person may serve as a child care administrator without having a Child-Care Administrator's License (CCAL) if:
(1) The person would be serving as a child care administrator for a general residential operation that only provides emergency care services; and
(2) Child Care Regulation exempts the general residential operation from needing a licensed child-care administrator after receiving the information required under subsection (b) of this section.
(b) To qualify for the exemption described in subsection (a) of this section, the governing body or designee of the emergency shelter must send to the Associate Commissioner for Child Care Regulation a letter that includes the following:
(1) The name of the county with a population of less than 40,000 where the operation is located;
(2) The date that the operation's governing body adopted a resolution certifying that the operation made a reasonable attempt to hire a licensed child-care administrator but was unable to do so;
(3) A statement that the governing body adopted the resolution by a majority vote;
(4) The name of the unlicensed administrator hired; and
(5) A statement of the administrator's qualifications, including any areas where the person's qualifications do not meet the requirements for a CCAL.
§745.8913.Qualifying for an Administrator's License Through a License from Another State.
(a) Child Care Regulation (CCR) will waive the examination, experience, and education prerequisites for a full administrator's license under §745.8915 of this division (relating to How do I qualify for a full Child-Care Administrator's License (CCAL)?), §745.8917 of this division (relating to How do I qualify for a full Child-Placing Agency Administrator's License (CPAAL)?), or both, if the applicant:
(1) Is licensed in good standing by another state; and
(2) Either:
(A) CCR determines the other state's license requirements are substantially equivalent to the requirements for a license according to §745.8914 of this division (relating to Determining Whether Another State's Licensing Requirements Are Substantially Equivalent to the Requirements in This Subchapter); or
(B) There is a reciprocity agreement between Texas and the other state.
(b) To be eligible to obtain a license under subsection (a) of this section, the applicant must be eligible to:
(1) Receive and continue to maintain an administrator's license, as specified in §745.775(c) of this chapter (relating to How may a criminal conviction or a child abuse or neglect finding affect my ability to receive or maintain an administrator's license?); and
(2) Apply for an administrator's license under §745.9037(c) of this subchapter (relating to Under what circumstances may Licensing take remedial action against my administrator's license or administrator's license application?).
(c) CCR may issue a provisional license to an applicant licensed by another state if the applicant meets the requirements in Human Resources Code §43.0081(a)(1).
§745.8914.Determining Whether Another State's Licensing Requirements Are Substantially Equivalent to the Requirements in This Subchapter.
Child Care Regulation will review and evaluate the following criteria when determining whether another state's licensing requirements are substantially equivalent to the requirements for an administrator's license under this subchapter and Chapter 43 of the Texas Human Resources Code:
(1) Whether the other state requires an applicant to pass an examination that demonstrates competence in the field of child care administration or placing children in residential settings, as appropriate, to obtain the license;
(2) Whether the other state requires an applicant to meet the full-time experience qualifications, as described in this division, to obtain the license;
(3) Whether the other state requires an applicant to meet the education qualifications, as described in this division, to obtain the license; and
(4) The other state's license requirements, including the scope of work authorized to be performed under the license issued by the other state. For example, the license in the other state must require an administrator to meet responsibilities equivalent to those that an administrator of an applicable residential child-care operation in Texas must meet.
§745.8925.Qualifying for a Provisional Child-Care Administrator's License Without Meeting Management and Supervisory Experience.
If an applicant does not meet the minimum management or supervisory experience in §745.8919(a) of this division (relating to What qualifies as one year of experience in management or supervision of personnel and programs required for a full Child-Care Administrator's License (CCAL) or full Child-Placing Agency Administrator's License (CPAAL)?), the applicant will qualify for, and Child Care Regulation (CCR) may issue, a provisional CCAL if:
(1) The applicant meets the requirements in §745.8915(a)(1), (2), and (4) of this division (relating to How do I qualify for a full Child-Care Administrator's License (CCAL)?);
(2) The applicant has six months of full-time experience in management or supervision of personnel as specified in §745.8927 of this division (relating to What qualifies as six months of experience in management or supervision of personnel required for a provisional Child-Care Administrator's License (CCAL)?); and
(3) CCR has not denied the applicant a full CCAL for an issue identified in §745.9037(a) of this subchapter (relating to Under what circumstances may Licensing take remedial action against my administrator's license or administrator's license application?) while the applicant had a provisional CCAL.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 13, 2025.
TRD-202500086
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: February 12, 2025
Proposal publication date: September 13, 2024
For further information, please call: (512) 438-3269
STATUTORY AUTHORITY
The amendments are adopted under Texas Government Code §531.0055, 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 §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out the duties of HHSC under Chapter 531 of Texas Government Code. In addition, HRC §43.005 permits HHSC to adopt rules to administer Chapter 43.
§745.8933.Application Requirements for an Administrator's License.
(a) A complete application to become a licensed administrator must include:
(1) A completed Application for a Child Care Administrator License or a Child-Placing Agency Administrator License (Form 3015);
(2) An official, stamped transcript or certification on letterhead from the appropriate educational institutions to substantiate educational qualifications;
(3) Three completed references, using Administrator Licensing - Reference for an Applicant (Form 3016), including:
(A) Two professional references who can attest to work experience and competence as a child-care administrator or child-placing agency administrator, as applicable; and
(B) An employer or supervisor reference that documents one year of management or supervisory experience as described in §745.8919 of this subchapter (relating to What qualifies as one year of experience in management or supervision of personnel and programs required to qualify for a full Child-Care Administrator's License (CCAL) or a full Child-Placing Agency Administrator's License (CPAAL)?);
(4) A notarized Affidavit for Applicants for Employment with a Licensed Operation or Registered Child-Care Home (Form 2985) documenting criminal history background information;
(5) A completed Request for Background Checks for an Administrator's License (Form 3017) and background check fee; and
(6) An application fee of $100.
(b) An applicant for a full CCAL that does not meet the one year of management or supervisory experience required in §745.8915(a)(3) of this subchapter (relating to How do I qualify for a full Child-Care Administrator's License (CCAL)?) may qualify for a provisional CCAL. To apply for a provisional CCAL, the applicant's employer or supervisor reference required in subsection (a)(3)(B) of this section must document six months of management or supervisory experience as required in §745.8927 of this subchapter (relating to What qualifies as six months of experience in management or supervision of personnel required for a provisional Child Care Administrator's License (CCAL)?).
(c) An applicant for an administrator's license under §745.8913(a) of this subchapter (relating to Qualifying for an Administrator's License Through a License from Another State) is only required to submit:
(1) An Application for a Child-Care Administrator's License or a Child-Placing Agency Administrator's License (Form 3015) and complete Sections I, VIII, and X;
(2) A notarized Affidavit for Applicants for Employment with a Licensed Operation or Registered Child-Care Home (Form 2985) documenting criminal history background information;
(3) A completed Request for Background Checks for an Administrator's License (Form 3017) and background check fee;
(4) Proof of the applicant's administrator's license or any other professional or occupational license that the applicant holds by another state; and
(5) A copy of the regulations pertaining to the license issued by another state or a web address where the regulations can be found.
(d) A military member, military spouse, or military veteran applying for an administrator's license through alternative licensing or by demonstrating other methods of competency must comply with the application requirements at §745.9027 of this subchapter (relating to Application Requirements for an Administrator's License from a Military Member, Spouse, or Veteran).
(e) A military member or military spouse applying to act as an administrator without a license must comply with the application requirements at §745.9030 of this subchapter (relating to Military Member or Spouse Acting as an Administrator Without a License),
(f) An application is incomplete if it fails to include any requirement of this section, as applicable, including inadequate documentation of qualifications.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 13, 2025.
TRD-202500087
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: February 12, 2025
Proposal publication date: September 13, 2024
For further information, please call: (512) 438-3269
STATUTORY AUTHORITY
The amendments are adopted under Texas Government Code §531.0055, 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 §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out the duties of HHSC under Chapter 531 of Texas Government Code. In addition, HRC §43.005 permits HHSC to adopt rules to administer Chapter 43.
§745.8965.Requesting Review of Timeframes for an Application.
If an applicant believes that Child Care Regulation (CCR) did not process the Administrator's License application within the appropriate timeframes, the applicant may request that the Associate Commissioner for Child Care Regulation review the situation. The applicant must submit the written request for review within 30 days after the CCR timeframe expires. The applicant must send the request to: Associate Commissioner for Child Care Regulation, Texas Health and Human Services Commission, E-550, P.O. Box 149030, Austin, Texas 78714-9030. The request must include a specific complaint and any supporting documentation.
§745.8967.Review of Timeframes for an Application.
(a) After receiving a request for a review of the Administrator's License application timeframes, the associate commissioner or designee will:
(1) Determine if Child Care Regulation (CCR) processed the application within the appropriate timeframes, and if not, whether there was good cause to exceed the timeframes; and
(2) Notify the applicant of the decision within 30 days of receiving the request.
(b) CCR will reimburse the application fee if the associate commissioner or designee determines that CCR exceeded the timeframes without good cause.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 13, 2025.
TRD-202500088
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: February 12, 2025
Proposal publication date: September 13, 2025
For further information, please call: (512) 438-3269
STATUTORY AUTHORITY
The amendment is adopted under Texas Government Code §531.0055, 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 §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out the duties of HHSC under Chapter 531 of Texas Government Code. In addition, HRC §43.005 permits HHSC to adopt rules to administer Chapter 43.
§745.8976.Length of Time a Provisional Child-Care Administrator's License is Valid.
A provisional Child-Care Administrator's License (CCAL) is valid for the timeframe listed in the following chart.
Figure: 26 TAC §745.8976 (.pdf)
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 13, 2025.
TRD-202500089
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: February 12, 2025
Proposal publication date: September 13, 2024
For further information, please call: (512) 438-3269
STATUTORY AUTHORITY
The amendments and new sections are adopted under Texas Government Code §531.0055, 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 §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out the duties of HHSC under Chapter 531 of Texas Government Code. In addition, HRC §43.005 permits HHSC to adopt rules to administer Chapter 43.
§745.9023.Definitions for Division 6.
These terms have the following meanings when used in this division:
(1) Military member--A person who is currently serving full-time in:
(A) Any branch of the United States Armed Forces, which include the United States Army, Navy, Air Force, Space Force, Coast Guard, and Marine Corps;
(B) A reserve unit of one of the branches of the United States Armed Forces, including the National Guard; or
(C) The state military service of any state, such as the Texas National Guard or the Texas State Guard.
(2) Military spouse--A person married to a military member.
(3) Military veteran--A person who has served as a military member and was discharged or released from service.
§745.9024.Alternative Licensing for a Military Member, Spouse, or Veteran.
(a) Alternative licensing is available to a military member, military spouse, or military veteran who applies for an administrator's license and:
(1) Is licensed in good standing by another state that has licensing requirements substantially equivalent to the requirements for a license under this chapter as determined by Child Care Regulation (CCR) under §745.8914 of this subchapter (relating to Determining Whether Another State's Licensing Requirements Are Substantially Equivalent to the Requirements in This Subchapter); or
(2) Held an administrator's license in Texas within the last five years.
(b) If the military member, military spouse, or military veteran meets an alternative licensing requirement in subsection (a) of this section, CCR will waive the examination, experience, and education prerequisites for an administrator's license in §745.8915 of this subchapter (relating to How do I qualify for a full Child-Care Administrator's License (CCAL)?), §745.8917 of this subchapter (relating to How do I qualify for a full Child-Placing Agency Administrator's License (CPAAL)?), or both.
(c) To be eligible to obtain a license under this section, the military member, military spouse, or military veteran must not be:
(1) Prohibited from receiving or continuing to maintain an administrator's license, as specified in §745.775(c) of this chapter (relating to How may a criminal conviction or a child abuse or neglect finding affect my ability to receive or maintain an administrator's license?); or
(2) Ineligible to apply for an administrator's license under §745.9037(c) of this subchapter (relating to Under what circumstances may Licensing take remedial action against my administrator's license or administrator's license application?).
(d) If CCR issues an administrator's license under this section, the license will be a full license.
§745.9025.Substitute Methods for a Military Member, Spouse, or Veteran to Demonstrate Competency.
For a military member, military spouse, or military veteran who is applying for an administrator's license, but does not have an administrator's license issued by another state and has not held an administrator's license in Texas within the last five years, the Associate Commissioner for Child Care Regulation, or a designee may accept a substitute method to demonstrate compliance with examination, experience, and education qualifications, including:
(1) Accepting proof of a passing score on a national exam or other examination that demonstrates, as appropriate, competence in the field of:
(A) Child-care administration; or
(B) Child-placing administration.
(2) Crediting the military member, military spouse, or military veteran for verified military service, training, education, or clinical or professional experience that meets the experience or education requirements; and
(3) Substituting any demonstrated competency that a military member, military spouse, or military veteran has to meet the experience and education qualifications.
§745.9026.Waiving Fees for a Military Member, Spouse, or Veteran.
Child Care Regulation will waive the following fees for a military member, military spouse, or military veteran who meets the requirements to obtain an administrator's license under this subchapter:
(1) The application and examination fees; and
(2) A replacement fee as required by §745.8989 of this subchapter (relating to How do I get a replacement copy of my current administrator's license if the original is lost or destroyed?).
§745.9027.Application Requirements for an Administrator's License from a Military Member, Spouse, or Veteran.
(a) If a military member, military spouse, or military veteran applies to become a licensed administrator or to act as an administrator without a license, the application must meet the requirements in this chart.
Figure: 26 TAC §745.9027(a) (.pdf)
(b) An application is incomplete if it fails to include any requirement of this section, as applicable.
§745.9028.Expedited Application Process for a Military Member, Spouse, or Veteran.
(a) Subsections (b) - (d) of this section apply to an application from:
(1) A military member, military spouse, or military veteran for an administrator's license under §745.9024 of this division (relating to Alternative Licensing for a Military Member, Spouse, or Veteran); or
(2) A military member or military spouse to act as an administrator without a license under §745.9030 of this division (relating to Military Member or Spouse Acting as an Administrator Without a License).
(b) Within 21 days after receiving an application, Child Care Regulation (CCR) will determine whether the application is complete as described in §745.9027 of this division (relating to Application Requirements for an Administrator's License from a Military Member, Spouse, or Veteran). If CCR determines that the application is incomplete, CCR will notify the applicant of the following, as applicable:
(1) Why any application materials the applicant submitted do not show compliance with relevant statutes and rules; and
(2) Any additional materials that the applicant must submit to show compliance.
(c) Within 30 days after receiving a complete application, CCR will:
(1) Issue the applicant an administrator's license or approve the ability to act as an administrator without having an administrator's license; or
(2) Forward to Child Care Regulation Administrator (CCRA) Enforcement a recommendation to deny the applicant an administrator's license or the ability to act as an administrator without a license.
(d) CCRA Enforcement may deny:
(1) An administrator's license under §745.9024 of this division because:
(A) The license by another state:
(i) Is not in good standing; or
(ii) Does not meet the requirements of §745.8914 of this subchapter (relating to Determining Whether Another State's Licensing Requirements Are Substantially Equivalent to the Requirements in This Subchapter);
(B) The applicant is prohibited from receiving or continuing to maintain an administrator's license, as specified in §745.775(c) of this chapter (relating to How may a criminal conviction or a child abuse or neglect finding affect my ability to receive or maintain an administrator's license?); or
(C) The applicant is ineligible to apply for an administrator's license under §745.9037(c) of this subchapter (relating to Under what circumstances may Licensing take remedial action against my administrator's license or administrator's license application?); or
(2) The applicant the ability to act as an administrator without a license because the applicant does not meet one of the requirements of §745.9030 of this division, including the applicant's license by another state:
(A) Is not in good standing; or
(B) Does not meet the requirements of §745.8914 of this subchapter.
(e) For a military member, military spouse, or military veteran who is applying for an administrator's license under this subchapter and does not have a license from another state, CCR will expedite the applicable application processes described in the following rules unless there is good cause to delay the process as described in §745.8969 of this chapter (relating to When does Licensing have good cause for not processing my application within the established time period?):
(1) §745.8951 of this subchapter (relating to What happens after Licensing receives my application materials and fees?); and
(2) §745.8961 of this subchapter (relating to What happens after I take a licensing examination?).
§745.9029.Special Considerations for Renewal of a Military Member's Administrator's License.
(a) The following special considerations are applicable to the renewal of a military member's administrator's license:
(1) An administrator's license will no longer be valid after two years, but the license will be considered dormant until the military member requests Child Care Regulation (CCR) to renew it or for two additional years, whichever comes first;
(2) No continuing education will be required prior to renewal; and
(3) CCR will waive late renewal fees required in (a)(2) and (3) in Figure: 40 TAC §745.9003(a) of this subchapter (relating to How much is the renewal fee?) if the military member establishes that the failure to renew the license in a timely manner was due to the military member's service.
(b) To be eligible for any special consideration under this section, the military member must not be prohibited from receiving or continuing to maintain an administrator's license, as specified in §745.775(c) of this chapter (relating to How may a criminal conviction or a child abuse or neglect finding affect my ability to receive or maintain an administrator's license?).
§745.9030.Military Member or Spouse Acting as an Administrator Without a License.
(a) A military member or military spouse may act as an administrator for a general residential operation, child-placing agency, or both, without obtaining an administrator's license under this subchapter and Chapter 43 of the Texas Human Resources Code, for up to three years if Child Care Regulation (CCR) determines that the military member or military spouse:
(1) Is licensed in good standing by another state that has licensing requirements that are substantially equivalent to the requirements for an administrator's license under this subchapter; and
(2) Meets the other requirements in this section.
(b) To evaluate whether the military member or military spouse is licensed in good standing by another state with requirements that are substantially equivalent to the requirements for an administrator's license under this subchapter, the military member or military spouse must submit:
(1) An Application for a Child-Care Administrator's License or a Child-Placing Agency Administrator's License (Form 3015) and complete Sections I, VIII, and X;
(2) A copy of a valid military identification card to establish the status of the military member or military spouse;
(3) A letter indicating intent to act as an administrator for a general residential operation, child-placing agency, or both in Texas;
(4) A copy of the permanent change of station order to Texas for the military member;
(5) Proof of the administrator's license or any other professional or occupational license held by another state; and
(6) A copy of the regulations pertaining to the license issued by another state or a web address where the regulations can be found.
(c) Once CCR receives the application and the additional documentation, CCR will:
(1) Verify that the application is complete, and the documentation is accurate;
(2) Determine whether the requirements for the license issued by another state are substantially equivalent to the requirements for an administrator's license according to §745.8914 of this subchapter (relating to Determining Whether Another State's Licensing Requirements Are Substantially Equivalent to the Requirements in This Subchapter); and
(3) Verify that the license by another state is in good standing.
(d) CCR will complete the actions in subsection (c) of this section and notify the military member or military spouse according to §745.9028(b) - (d) of this division (relating to Expedited Application Process for a Military Member, Spouse, or Veteran).
(e) If CCR approves the applicant's ability to act as an administrator for a general residential operation, child-placing agency, or both, the person acting as the administrator without a license must comply with all other applicable statutes, rules, and minimum standards, including those relating to:
(1) Administrator's Licensing in this subchapter and Chapter 43 of the Texas Human Resources Code;
(2) Subchapter F of this chapter (relating to Background Checks) when employed by a general residential operation or a child-placing agency; and
(3) Minimum standards for general residential operations and child-placing agencies.
(f) The approval to act as an administrator expires as provided in the following chart.
Figure: 26 TAC §745.9030(f) (.pdf)
(g) A military member or military spouse may request in writing a replacement copy of the letter approving the military member or military spouse to act as an administrator without a license. No fee is required, but the written request must include:
(1) A statement detailing the loss or destruction of the original approval letter; or
(2) The damaged letter.
(h) Child Care Regulation Administrator Enforcement may revoke the approval to act as an administrator without a license:
(1) For failure to comply with subsection (e) of this section;
(2) For any reason noted in §745.9037 of this subchapter (relating to Under what circumstances may Licensing take remedial action against my administrator's license or administrator's license application?); or
(3) If the military member or military spouse is no longer licensed in good standing by another state.
(i) CCR may not renew the approval to act as an administrator without a license.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 13, 2025.
TRD-202500091
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: February 12, 2025
Proposal publication date: September 13, 2024
For further information, please call: (512) 438-3269
STATUTORY AUTHORITY
The repeals are adopted under Texas Government Code §531.0055, 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 §531.033, which requires the Executive Commissioner to adopt rules necessary to carry out the duties of HHSC under Chapter 531 of Texas Government Code. In addition, HRC §43.005 permits HHSC to adopt rules to administer Chapter 43.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 13, 2025.
TRD-202500090
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: February 12, 2025
Proposal publication date: September 13, 2024
For further information, please call: (512) 438-3269