|(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.
|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; amended to be effective July 26, 2022, 47 TexReg 4337