2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services › Chapter 43 - Regulation of Child-Care and Child-Placing Agency Administrators › Section 43.010. License Denial, Revocation, Suspension, or Refusal to Renew; Reprimand or Probation

Sec. 43.010.  LICENSE DENIAL, REVOCATION, SUSPENSION, OR REFUSAL TO RENEW; REPRIMAND OR PROBATION.
(a)  The commission may deny, revoke, suspend, or refuse to renew a license, or place on probation or reprimand a license holder for:
(1)  violating this chapter or a rule adopted under this chapter;
(2)  circumventing or attempting to circumvent the requirements of this chapter or a rule adopted under this chapter;
(3)  engaging in fraud or deceit related to the requirements of this chapter or a rule adopted under this chapter;
(4)  providing false or misleading information to the commission during the license application or renewal process for any person's license;
(5)  making a statement about a material fact during the license application or renewal process that the person knows or should know is false;
(6)  having:
(A)  a criminal history or central registry record that would prohibit a person from working in a child-care facility, as defined by Section 42.002, under rules applicable to that type of facility; or
(B)  a criminal history relevant to the duties of a licensed child-care or child-placing administrator, as those duties are specified in rules adopted by the executive commissioner;
(7)  using drugs or alcohol in a manner that jeopardizes the person's ability to function as an administrator;
(8)  performing duties as a child-care administrator in a negligent manner; or
(9)  engaging in conduct that makes the license holder ineligible for:
(A)  a license, listing, registration, or certification of approval under Section 42.072; or
(B)  employment as a controlling person or service in that capacity in a facility or family home under Section 42.062.
(b)  A person whose license is revoked or refused renewal by the commission under Subsection (a) is not eligible to apply for another license under this chapter for a period of five years after the date the commission revoked the license or refused to renew the license.
(c)  Repealed by Acts 2005, 79th Leg., Ch. 268, Sec. 1.129(5), eff. September 1, 2005.
(d)  If a license holder is placed on probation, the commission may require the license holder:
(1)  to report regularly to the commission on the conditions of the probation;
(2)  to limit practice to the areas prescribed by the commission; or
(3)  to continue or renew professional education until the practitioner attains a degree of skill satisfactory to the commission in those areas in which improvement is a condition of the probation.
Acts 1979, 66th Leg., p. 2369, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1987, 70th Leg., ch. 1052, Sec. 4.13, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1022, Sec. 49, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.118, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.119(a), eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.129(5), eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 11, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 746 (S.B. 427), Sec. 9, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 549 (H.B. 4170), Sec. 1, eff. September 1, 2023.