1. (a) A child care provider is eligible to apply for the TRS program if the provider has a current agreement to serve Commission-subsidized children and:

   1. (1) has a permanent (nonexpiring) license or registration from DFPS;

   2. (2) has at least 12 months of licensing history with DFPS, and is not on:

      1. (A) corrective action with a Board pursuant to Subchapter F of this chapter;
      2. (B) a "Notice of Freeze" with the Commission pursuant to Chapter 213 of the Texas Labor Code (Enforcement of the Texas Unemployment Compensation Act) or Chapter 61 of the Texas Labor Code(Payment of Wages); or
      3. (C) corrective or adverse action with DFPS; or
   3. (3) is regulated by and in good standing with the US Military.

2. (b) A child care facility is not eligible to apply for the TRS program if, during the most recent 12-month DFPS licensing history, the provider had:

   1. (1) any of the critical licensing deficiencies listed in the TRS guidelines;
   2. (2) five or more of the high or medium-high licensing deficiencies listed in the TRS guidelines; or
   3. (3) 10 or more total licensing deficiencies of any type.

Source Note:The provisions of this §809.131 adopted to be effective February 16, 2015, 40 TexReg 708.