(a) A program operator may not employ an individual in a position involving contact with campers at a campus program for minors unless:
  (1) the individual submits to the program operator or the campus program for minors has on file documentation verifying that within the preceding two years of the beginning date of employment, the individual successfully completed the required training and examination program on sexual abuse and child molestation; or
  (2) the individual successfully completes during the individual's first five days of employment the required training and examination program on sexual abuse and child molestation.
(b) For purposes of this section, the term "contact with campers" does not include an employee acting as a guest speaker, an entertainer, or fulfilling any other role whose attendance at the campus program for minors is for a limited purpose or a limited time if the employee has no direct and unsupervised interaction with campers. A program operator may require training and an examination for visitors, including parents, if it chooses.
(c) Subsection (a) of this section does not apply to an individual who is a student enrolled at the institution of higher education or private or independent institution of higher education that operates the campus program for minors or at which the campus program is conducted and whose contact with campers is limited to a single class of short duration. The training and examination requirement in subsection (a) of this section does not apply if:
  (1) employees of the institution of higher education or private or independent institution of higher education are not employees of the campus program for minors; or
  (2) the institution of higher education or private or independent institution of higher education is the operator of the campus program for minors and its employees, agents, or contractors have only limited or incidental contact with campers.
(d) A program operator must:
  (1) submit to the department on the form provided by the department and within five days of the start of the campus program for minors verification that each employee of the campus program for minors has complied with the requirements of this section; and
  (2) retain in the operator's records an electronic or paper copy of the documentation required or issued in subsection (a) of this section for each employee until the second anniversary of the examination date.
(e) A person applying for or holding an employee position involving contact with campers at a campus program for minors must successfully complete the training and examination program on sexual abuse and child molestation during the applicable period prescribed in subsection (a) of this section.

Source Note: The provisions of this §265.403 adopted to be effective July 22, 2012, 37 TexReg 5280