high severity #1 most-cited rule statewide

Rule 745.641

Source last verified 2026-05-08. View official rule text →

Plain language

Staff must have a cleared, active, eligible background check before being present at the operation.

Official rule text

TX 26 TAC §745.641 — Background check eligibility prior to presence at operation.

Verbatim from the Texas HHSC publication. Always reference the official source for legal interpretation.

Evidence types that satisfy this rule

  • Program director without active background check on file in CLASS database
  • New hire allowed to start before fingerprint clearance returned
  • Returning seasonal staff not re-screened
  • Volunteer present without background check
  • Background check expired and not renewed within required timeframe

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