1. (a) To obtain a license, a person must meet the application requirements in this subchapter and meet the criteria for a license.
2. (b) A center must be located in Texas. The center must have a Texas mailing address.

3. (c) A person may not operate a center on the same premises as:

   1. (1) a child-care center licensed in accordance with Texas Human Resource Code, Chapter 42; or
   2. (2) any other facility licensed by HHSC or the Texas Department of State Health Services.
4. (d) A separate license is required for each center located on separate premises, regardless of whether the centers are owned or operated by the same person.
5. (e) The actual census for a center must not exceed the capacity authorized by HHSC, as indicated on the license.

6. (f) Before issuing a license, HHSC considers the background and qualifications of:

   1. (1) the applicant;
   2. (2) a controlling person of the applicant;
   3. (3) a person with a disclosable interest;
   4. (4) an affiliate of the applicant;
   5. (5) the administrator; and
   6. (6) the chief financial officer, if the center has a chief financial officer.

7. (g) An applicant must affirmatively show that the center:

   1. (1) obtained approval of building plans through plan review by the HHSC Architectural Unit as required by Subchapter E of this chapter (relating to Building Requirements);
   2. (2) meets local building ordinances;
   3. (3) is approved by the local fire authority;
   4. (4) meets the standards of the Life Safety Code and the requirements in Subchapter E of this chapter; and
   5. (5) meets the requirements of this chapter based on an on-site health inspection by HHSC.

Source Note:The provisions of this §550.101 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875; amended to be effective October 16, 2024, 49 TexReg 7929.