(a) Yes, the only exemption is for operations licensed as kindergarten and nursery schools, or schools: grades kindergarten and above, before September 1, 2003. These operations must have at least 20 square feet of indoor activity space for each child the operation is licensed to serve.
(b) The exemption specified in subsection (a) of this section remains in effect until a permit issued prior to September 1, 2010, is no longer valid.

Source Note: The provisions of this §744.2905 adopted to be effective September 1, 2010, 35 TexReg 7469; amended to be effective April 15, 2017, 42 TexReg 1779; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909