Texas child care background checks
Required checks and the recheck interval for staff. This page isolates the configured Texas figures, related explanations, and primary source links from the full licensing guide.
Cited to 26 TAC Chapter 746Verified July 2026Summary only, not legal advice
Background checks
Recheck at least every 5 years
Statewide-uniform under 26 TAC Ch. 745, Subchapter F. Checks are required for the owner (sole proprietor, each partner, and any board member or officer involved in everyday management); every employee and prospective employee including directors and administrators; substitutes; every person 14 or older who is counted in ratio, has unsupervised access, or provides direct care; every person 14 or older residing at the operation; and every person 14 or older who is regularly or frequently present (§745.605(a)). Fingerprint-based checks apply to §745.605(a)(1) through (6); the regularly-or-frequently-present group is name-based only unless out-of-state history applies (§745.611(a)). Disqualifying convictions are governed by §745.661, which does not list offenses in the rule itself: it points to three charts that HHSC reviews annually and republishes each January in the Texas Register and on the Licensing website. Related provisions cover deferred adjudication (§745.663), arrests and charges (§§745.665, 745.667), sex-offender registrants (§745.669), and Central Registry findings (§745.671). Effective August 31, 2026, a SEMARC check (Search Engine for Multi-Agency Reportable Conduct) becomes a required component of every background check.
Citation: 26 TAC Chapter 746
Texas background checks FAQ
What background checks does Texas require, and how often?
Under 26 TAC Chapter 745, Subchapter F: a criminal history check (fingerprint-based via Texas DPS and the FBI, or name-based by role), a Central Registry check, a National Sex Offender Registry check, and out-of-state checks for anyone who lived outside Texas in the prior 5 years. Renewals fall due at least every 5 years, or every 2 years for name-based-only subjects. Effective August 31, 2026, a SEMARC check (Search Engine for Multi-Agency Reportable Conduct) is also required.
Disclaimer: These figures summarize 26 TAC Chapter 746 and its companion chapters for convenience; confirm current requirements directly with HHSC Child Care Regulation before making licensing decisions. This page is a summary for informational purposes only and is not legal or compliance advice. Confirm with Texas Health and Human Services Commission, Child Care Regulation.