Texas Administrative Code

Texas Administrative Code

TITLE 26	HEALTH AND HUMAN SERVICES
PART 1	HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 745	LICENSING
SUBCHAPTER F	BACKGROUND CHECKS
DIVISION 2	REQUESTING BACKGROUND CHECKS
RULE §745.621	When must I submit a request for an initial or renewal background check for a person?

(a) You must submit a request for an initial background check for each person required to have a background check under §745.605 of this division (relating to For whom must I submit requests for background checks?):

(1) When you submit your application for a permit to us;

(2) When you hire someone;

(3) When you contract with someone who requires a background check;

(4) When a person applies to be a foster or adoptive parent;

(5) When a resident 14 years or older moves into your home or operation;

(6) Between 90 days before and 90 days after a resident living in your home or operation becomes 14 years old; and

(7) When you become aware of anyone requiring a background check under §745.605 of this division, on whom you have not previously submitted a request for a background check.

(b) You must submit a request for a renewal background check for each person required to have a background check under §745.605 of this division:

(1) No later than:

(A) Five years from the date you last submitted a request for an initial or renewal background check on the subject of a background check who had a fingerprint-based criminal history check; or

(B) Two years from the date you last submitted a request for an initial or renewal background check on the subject of a background check who only had a name-based Texas criminal history check;

(2) When you become aware that the subject of a background check has had a change in the subject's state of residence; and

(3) When there is a change in the subject's role at the operation that requires the person to have a fingerprint-based criminal history check instead of a previously conducted name-based Texas criminal history check.

Source Note: The provisions of this §745.621 adopted to be effective January 13, 2019, 43 TexReg 8142; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963