(a) Child care is regulated under this chapter if it is provided:
  (1) At a temporary shelter, such as a family violence or homeless shelter;
  (2) Only for children temporarily residing with a parent at the shelter;
  (3) While the child's resident parent is away from the shelter;
  (4) On a recurring and scheduled basis; and
  (5) For at least four hours per day and three or more days per week.
(b) If you also offer care for the children of employees, the children of non-resident clients, or any other non-resident children, your entire child-care program is regulated as a child-care center and must follow the requirements in Chapter 746 of this title (relating to Minimum Standards for Child-Care Centers).
(c) If you only offer care for children while the resident parent is on the shelter premises, then the program is exempt from regulation. If you provide care for both children whose parents are on the premises and children whose parents are away from the shelter, all of the child care is regulated under this chapter unless the two groups of children are separated.

Source Note: The provisions of this §743.5 adopted to be effective September 1, 2010, 35 TexReg 7465; transferred effective May 15, 2018, as published in the Texas Register May 4, 2018, 43 TexReg 2799