1. (a) License required. A person must possess a valid youth camp license prior to operating a youth camp.

   1. (1) Submitting an application. A complete application to operate a youth camp must be submitted to and received by the department's Environmental and Sanitation Licensing Branch between January 1 and March 31 of each calendar year, and include:

      1. (A) an activity schedule showing dates and detailed information about the activities that are conducted both at the camp and at other locations;
      2. (B) an emergency plan, as described in §265.31 of this subchapter (related to Emergency Preparedness and Response);
      3. (C) the estimated number of campers attending the camp during the upcoming calendar year;
      4. (D) any other requested documents and information; and
      5. (E) the license fee, as described in §265.28 of this subchapter (relating to Fees).
   2. (2) Applications and fees. Applications and fees may be submitted online to https://vo.ras.dshs.state.tx.us.

   3. (3) Qualifying for a youth camp license. Subject to subsection (j) of this section, a facility qualifies for a youth camp license if the facility:

      1. (A) meets the definition of a "youth camp," as described in §265.11 of this subchapter (relating to Definitions); and

      2. (B) is in compliance, or has demonstrated a plan for compliance, with all provisions of the Act and the rules before operation as determined by:

         1. (i) submitting a complete application as described in paragraph (1) of this subsection; and
         2. (ii) passing a pre-licensing inspection conducted by the department, using the standard youth camp inspection form that may be found at https://www.dshs.texas.gov/youth-camp-program/applications-forms-youth-camp-program.

2. (b) Processing applications.

   1. (1) A complete application must be submitted to the Environmental and Sanitation Licensing Branch at least 90 calendar days before camp operations begin. An application is considered incomplete until all required documentation, information, and fees are received. If the application is incomplete, the department issues a deficiency notice, including identification of deficiencies, a deadline for deficiency corrections, and the need for a pre-licensing inspection.

   2. (2) Upon receipt of an application, the department issues the following documents in accordance with policy, as applicable:

      1. (A) a license after the date of successfully passing the pre-licensing inspection--within 45 days;
      2. (B) a letter of application deficiency--within 45 days; or

      3. (C) a letter of pre-licensing inspection deficiency at the conclusion of the pre-licensing inspection.

         1. (i) The camp must provide proof of all deficiency corrections, except for corrections to the emergency plan, within 10 days after the inspection or before camp operation, whichever comes first.
         2. (ii) The camp must provide proof of all deficiency corrections for the emergency plan. The proof must be provided within 45 days after the camp received the department letter of pre-licensing inspection deficiency.
   3. (3) In the event that an application for a new license is not processed within 120 days, and no good cause exists for the delay, the applicant may request reimbursement of all fees paid in that particular application process so long as a complete application was submitted at least 120 calendar days prior to camp operation. Requests for reimbursement must be made in writing to the Environmental and Sanitation Licensing Branch. Good cause for exceeding the time period is considered to exist if the number of applications for licensure exceeds by 15% or more the number of applications processed the same calendar quarter of the preceding year or any other condition exists giving the department good cause for exceeding the time period.
   4. (4) If the request for reimbursement as authorized by paragraph (3) of this subsection is denied, the applicant may then appeal to the commissioner for a resolution of the dispute. The applicant must give written notice to the commissioner requesting reimbursement of the fee paid because the application was not processed within the established time period. The department submits a written report of the facts related to the processing of the application and good cause for exceeding the established time periods. The commissioner makes the final decision and provides written notification of the decision to the applicant and to the department.
3. (c) Record availability. All records, except criminal background and sex offender registration database checks (including any written evaluation for any staff member or volunteer with a criminal conviction or deferred adjudication), required by this subchapter must be made available to the department immediately upon request. Criminal background and sex offender registration database checks (including any written evaluation for any staff member or volunteer with a criminal conviction or deferred adjudication) must be made available to the department within two business days upon request.
4. (d) Term of license. The term of a youth camp license is one year, beginning on the date of issuance.
5. (e) License non-transferable. A youth camp license is not transferable and may not be sold, assigned, or otherwise transferred. Any new business entity that acquires the operation of a youth camp through sale, assignment, or other transfer must obtain a new license.
6. (f) Ownership change. A new application, fee, pre-licensing inspection, and license is required if there is a change in ownership.
7. (g) Name change. If a camp changes its name during operation, but does not change location or ownership, then a new license certificate may be issued if requested by email to youthcamps.reg@dshs.texas.gov. A nonrefundable fee of $20 will be assessed.
8. (h) Location change. A new application, fee, pre-licensing inspection, and license is required if there is a change in physical camp location.
9. (i) Duplicate license. A duplicate license may be issued if requested by email to youthcamps.reg@dshs.texas.gov. A nonrefundable fee of $20 will be assessed.

10. (j) Denials.

    1. (1) The department may deny an application for licensing to applicants who fail to meet the standards established by the Act and this subchapter. In making this determination, the department considers any violation by the applicant of the Act or this subchapter, including employment of an individual who was convicted of an act of sexual abuse, as defined by Texas Penal Code §21.02, that occurred at the camp. When the department proposes to deny an application, the department gives notice of the proposed action in writing and provides information on how to request an administrative hearing. The applicant must submit a written request for a hearing within 30 days from the date of the department's notice letter. The hearing is conducted in accordance with the Act; Texas Government Code Chapter 2001, the Administrative Procedure Act; and the formal hearing procedures in Chapter 1 of this title (relating to Miscellaneous Provisions).
    2. (2) A letter of denial of licensure may be issued within 60 days after the receipt of application if the applicant does not meet the requirements of subsection (a)(3)(A) of this section.

    3. (3) A letter of denial of licensure may be issued if the applicant does not meet the requirements of subsection (a)(3)(B) of this section:

       1. (A) within 60 days following the first scheduled date of camp operations if a pre-licensing inspection has not been completed; or
       2. (B) within 60 days following the first scheduled date of camp operations if the camp does not pass the pre-licensing inspection.
    4. (4) A license holder whose license has been revoked may not reapply for a new license for two years from the date of final revocation.

11. (k) Refunds.

    1. (1) If the applicant does not meet the requirements of subsection (a)(3)(A) of this section, the application may be denied and the license fee, less a handling fee of $50, may be refunded. If an application is denied because the facility does not meet the requirements of subsection (a)(3)(A) of this section, the applicant should determine if a license from another agency is required.
    2. (2) If the applicant does not meet the requirements of subsection (a)(3)(B) of this section, the application may be denied and the license fee may not be refunded.

Source Note:The provisions of this §265.23 adopted to be effective April 16, 2006, 31 TexReg 3049; amended to be effective May 16, 2010, 35 TexReg 3815; amended to be effective March 13, 2014, 39 TexReg 1713; amended to be effective February 25, 2019, 44 TexReg 862; amended to be effective June 25, 2020, 45 TexReg 4202; amended to be effective February 2, 2026, 51 TexReg 571.