Figure: 40 TAC §745.117
Program of
Criteria for Exemption
(1) Parents on
the Premises
(A) The program operates in association with a shopping center,
business, and other activities such as retreats or classes for religious
(B) The program does not advertise as a child-care facility or day-care
center and informs parents that it is not licensed by the state;
(C) The parent or person responsible for the child attends or engages in
some elective activity nearby, part-time employees or contractors who
conduct the elective activity may use the program meeting the limits
stated in subparagraph (D) of this part of the chart. A caregiver for the
program may use the program for the caregiver's own children as long
as the child remains with a caregiver;
(D) A child may only be in care for up to four and one half hours per day
    (i) For up to 12 hours per week; or
    (ii) For up to 15 hours per week if care is provided so a person may
attend an educational class provided by a nonprofit entity, and the
program is in a county with a population of 800,000 or more and the
county is adjacent to an international border; and
(E) The program's caregivers must be able to contact the parent or
person responsible for the child at all times.
(2) Short-
Term Program
(A) The program operates for less than three consecutive weeks and
less than 40 days in a period of 12 months; and
(B) It is not a part of an operation subject to our regulation.
(3) Religious
(A) It is a program of religious instruction such as Sunday school or
weekly catechism; or
(B) It is a religious program that lasts two weeks or less.
(4) Foreign
(A) It is a living arrangement in a caretaker's home where:
   (i) An unrelated child or sibling group lives in the person's home;
   (ii) Each child is in the United States on a time-limited visa; and
   (iii) Each child is under the sponsorship of the person with whom they
are living or the sponsorship of some organization.