For each person licensed or regulated by the department that the department may inspect:

1. (1) the department may conduct additional inspections based on a schedule of risk-based inspections using the following criteria:

   1. (A) the type and nature of the person;
   2. (B) whether there has been a prior violation by the person;
   3. (C) the inspection history of the person;
   4. (D) any history of complaints involving the person; and
   5. (E) any other risk-based factor identified by the department; and
2. (2) the department may waive any inspection requirement under law if an emergency arises or to accommodate complaint investigation or risk-based inspection schedules.

Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 6.03, eff. September 1, 2009.