| (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. See §745.615 of this
division (relating to What types of background checks are required
for persons at listed family homes that only provide care to related
children, employer-based child care operations, and shelter care operations?).
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| Source Note: The provisions of this §745.613 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 |
