(a) A controlling person of a child-care operation is any:
  (1) Owner of the operation or member of the governing body of the operation, including, as applicable, an executive, an officer, a board member, a partner, a sole proprietor and the sole proprietor's spouse, or the primary caregiver at a child-care home and the primary caregiver's spouse;
  (2) Person who manages, administrates, or directs the operation or its governing body, including a day care director or a licensed administrator; or
  (3) Person who either alone or in connection with others has the ability to influence or direct the management, expenditures, or policies of the operation. For example, a person may have influence over the operation because of a personal, familial, or other relationship with the governing body, manager, or other controlling person of the operation.
(b) A person does not have to be present at the operation or hold an official title at the operation or governing body in order to be a controlling person.
(c) An employee, lender, secured creditor, or landlord of the operation is not a controlling person unless the person meets a definition in subsection (a) of this section.

Source Note: The provisions of this §745.901 adopted to be effective January 1, 2007, 31 TexReg 9333; amended to be effective March 1, 2012, 37 TexReg 921; transferred effective July 15, 2019, as published in the June 14, 2019 issue of the Texas Register, 44 TexReg 2963