(a) The number of children and young adults in your care must not exceed the capacity stated on your permit, except as described in subsection (b) of this section.
(b) If you are licensed to provide emergency care services, you may temporarily exceed your licensed capacity for not more than 48 hours to provide temporary care for a child needing emergency care services.
(c) For the purpose of determining whether you exceed your capacity, the number of children in your care includes a caregiver's own children who are at the operation, if they share general living space, bedroom, and/or bathroom space with children in care, and any children receiving respite child-care services at an operation providing emergency care services.

Source Note: The provisions of this §748.155 adopted to be effective January 1, 2017, 41 TexReg 10393; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909