Criminal History Requirements Charts

Proposed updates for 2024 were published in the Texas Register. Public comments on the proposed updates are being accepted March 15, 2024, through April 14, 2024.

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 2023 and include the following:

  • Relocating Penal Code §31.16, Organized Retail Theft, from the previous Theft row to its own row in all three charts;
  • Adding Penal Code §32.51, Fraudulent Use or Possession of Identifying Information, in all three charts;
  • Changing the response for the felony and misdemeanor level offenses to Penal Code §43.02, Prostitution, so that it is a Risk Evaluation in all three charts;
  • Revising a footnote’s language so that it more accurately reflects the current practice that HHSC may not permit a person convicted of Driving While Intoxicated to transport children in care in all three charts; and
  • Making non-substantive changes in all three 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.