(a) To obtain a license, a person must meet the application requirements in this subchapter and meet the criteria for a license.
(b) A center must be located in Texas. The center must have a Texas mailing address.
(c) A person may not operate a center on the same premises as:
  (1) a child-care center licensed in accordance with Texas Human Resource Code, Chapter 42; or
  (2) any other facility licensed by DADS or the Department of State Health Services.
(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.
(e) The actual census for a center must not exceed the capacity authorized by DADS, as indicated on the license.
(f) Before issuing a license, DADS considers the background and qualifications of:
  (1) the applicant;
  (2) a controlling person of the applicant;
  (3) a person with a disclosable interest;
  (4) an affiliate of the applicant;
  (5) the administrator; and
  (6) the chief financial officer, if the center has a chief financial officer.
(g) An applicant must affirmatively show that the center:
  (1) obtained approval of building plans through plan review by DADS Architectural Unit as required by Subchapter E of this chapter (relating to Building Requirements);
  (2) meets local building ordinances;
  (3) is approved by the local fire authority;
  (4) meets the standards of the Life Safety Code and the requirements in Subchapter E of this chapter; and
  (5) meets the requirements of this chapter based on an on-site health inspection by DADS.

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