Criminal History Requirements Charts

Note: Proposed updates for 2023 were published in the Texas Register. Public comments on the proposed updates are being accepted January 6, 2023, through February 5, 2023.

After conducting background checks, these charts include specific offenses and what action, if any, a conviction for that offense may require in different types of child care settings.

Changes to the charts were made in 2022 and include the following:

  • Deleting a reference to independent foster homes in the introduction of the chart for Licensed or Certified Child Care Operations;
  • Changing the responses for the felony level offenses to Penal Code §30.02, Burglary, in all three charts;
  • Changing the responses for both felony and misdemeanor level offenses to Penal Code §43.02, Prostitution, in the chart for Licensed or Certified Child Care Operations;
  • Changing the response for the felony level offense to Penal Code §43.02, Prostitution, in the chart for Registered Child Care Homes and Listed Family Homes;
  • Adding Penal Code §43.021, Solicitation of Prostitution, to all three charts;
  • Changing the response for the felony level offense to Penal Code §43.262, Possession or Promotion of Lewd Visual Material Depicting Child, to all three charts;
  • Adding Penal Code §46.04 Unlawful Possession of Firearm, to all three charts;
  • Correcting the offense title for Penal Code §46.05, Prohibited Weapons, in all three charts, so that the reference includes a misdemeanor in addition to a felony;
  • Relocating Penal Code §46.08, Hoax Bombs, in the chart for Foster or Adoptive Homes;
  • Incorporating Family Code §107.111, Child Custody Evaluator Access to Investigative Records of Department, which was previously known by a different offense title and section number, into all three charts;
  • Changing the responses for the misdemeanor and felony level columns relating to Code of Criminal Procedure §62.102, Failure to Comply with Registration Requirements, and corrected its offense title in all three charts;
  • Correcting several of the column titles naming codes of statute; and
  • Making non-substantive changes.

Texas Administrative Code

These charts supplement two sections of the Texas Administrative Code:

  • Section 745.661: What types of criminal convictions may affect a subject’s ability to be present at an operation?
  • Section 745.775: How may a criminal conviction or a child abuse or neglect finding affect my ability to receive or maintain an administrator’s license?

These and other Child Care Licensing Rules related to general licensing procedures essential to the regulation of all child care operations can be found in the Texas Administrative Code under Title 26, Part 1, Chapter 745.