(a) If the programs are separate, each program that meets the criteria for an exemption is exempt. If they are not separate, then they are all subject to our regulation, unless the exempt program meets the exemption described in §745.115(1)(B) of this division.
(b) To demonstrate that the programs are separate, you must show that the programs:
  (1) Have separate caregivers or have caregivers that do not provide care to more than one program at the same time; and
  (2) Do not use the same building or areas at the same time, except that the programs may share restrooms and indoor/outdoor activity areas if you have a written plan regarding how caregivers from each program will supervise children using shared spaces.

Source Note: The provisions of this §745.139 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2010, 35 TexReg 4184; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963; amended to be effective July 8, 2022, 47 TexReg 4336