Criminal History Requirements Charts

https://www.hhs.texas.gov/providers/protective-services-providers/child-care-regulation/child-care-regulation-background-checks/criminal-history-requirements-charts

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 2024 and include the following:

  1. Adding Texas Penal Code §15.032, Child Grooming, in all three charts;
  2. Amending Texas Penal Code §21.07, Public Lewdness, to include the felony level offense and response to that offense in all three charts;
  3. Amending Texas Penal Code §21.08, Indecent Exposure, to include the felony level offense and response to that offense in all three charts;
  4. Changing the response for the misdemeanor level offense to Texas Penal Code §21.16, Unlawful Disclosure or Promotion of Intimate Visual Material, in the Registered Child Care Homes and Listed Family Homes chart;
  5. Adding Texas Penal Code §21.165, Unlawful Production or Distribution of Certain Sexually Explicit Videos, in all three charts;
  6. Changing the response for the misdemeanor offense to Texas Penal Code §21.17, Voyeurism, in the Registered Child Care Homes and Listed Family Homes chart;
  7. Changing the response for the misdemeanor offense to Texas Penal Code §21.19, Unlawful Electronic Transmission of Sexually Explicit Visual Material, in the Registered Child Care Homes and Listed Family Homes chart;
  8. Amending Texas Penal Code §22.012, Indecent Assault, to include the felony level offense and response to that offense in all three charts;
  9. Changing the response for the felony level offense to Texas Penal Code §25.01, Bigamy, in the Registered Child Care Homes and Listed Family Homes chart;
  10. Changing the responses for the felony and misdemeanor offenses to Texas Penal Code §25.05, Criminal Nonsupport, in the Registered Child Care Homes and Listed Family Homes chart;
  11. Adding Texas Penal Code §28.09, Damaging Critical Infrastructure Facility, in all three charts;
  12. Adding Texas Penal Code §30.04, Burglary, in all three charts;
  13. Adding Texas Penal Code §32.55, Financial Abuse of Elderly Individual, in all three charts;
  14. Changing the response for whether presence is allowed to Texas Penal Code §38.10, Bail Jumping and Failure to Appear, in all three charts;
  15. Adding Texas Penal Code §38.11, Prohibited Substances and Items in Correctional or Civil Commitment Facility, in all three charts;
  16. Amending Texas Penal Code §38.112, Tampering with Electronic Monitoring Device, to correct the name of the offense and provide responses to the felony and misdemeanor levels and the response for whether presence is allowed in all three charts;
  17. Adding Texas Penal Code §38.114, Contraband in Correctional Facility, in all three charts;
  18. Adding Texas Penal Code §38.115, Operation of Unmanned Aircraft Over Correctional Facility or Detention Facility, in all three charts;
  19. Adding Texas Penal Code §38.172, Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes, in all three charts,
  20. Adding Texas Penal Code §39.041, Improper Sexual Activity with a Committed Person, in all three charts;
  21. Adding Texas Penal Code §42.01(a)(7)-(a)(11), Disorderly Conduct, in all three charts;
  22. Adding Texas Penal Code §42.074, Unlawful Disclosure of Residence Address or Telephone Number, in all three charts;
  23. Changing the responses for the felony and misdemeanor level offenses to Texas Penal Code §43.02, Prostitution, in the Registered Child Care Homes and Listed Family Homes chart;
  24. Changing the response for the felony level offense to Texas Penal Code §43.021, Solicitation of Prostitution, in the Registered Child Care Homes and Listed Family Homes chart,
  25. Correcting the response for the misdemeanor level offense to Texas Penal Code §43.03, Promotion of Prostitution, in all three charts;
  26. Adding Texas Penal Code §43.28, Certain Sexually Oriented Performances, in all three charts;
  27. Adding Texas Penal Code §49.061, Boating While Intoxicated with Child Passenger, in all three charts;
  28. Adding Texas Penal Code §72.02, Use of Proceeds Derived from Racketeering or Unlawful Debt Collection, in all three charts;
  29. Adding Texas Penal Code §72.03, Acquisition of Interest in Property or Control of Enterprise through Racketeering or Unlawful Debt Collection, in all three charts;
  30. Adding Texas Penal Code §72.04, Participation in Enterprise Through Racketeering or Unlawful Debt Collection, in all three charts;
  31. Adding Texas Penal Code §76.02, Terrorism, in all three charts;
  32. Adding Texas Penal Code §76.03, Aiding in Commission of Terrorism, in all three charts;
  33. Adding Texas Penal Code §76.04, Hindering Prosecution of Terrorism, in all three charts;
  34. Adding Texas Health and Safety Code §260.0091. Required Report by Lessor Abuse, Neglect, or Exploitation; Criminal Penalty, in all three charts;
  35. Adding assumptions to the introduction section of all three charts; and
  36. Making nonsubstantive changes that do not affect the outcome of background checks or the assumptions that apply to the charts.

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.