26 Tex. Admin. Code § 745.901 - Who is a controlling person at a child-care operation?
(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.
Notes
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