30 Tex. Admin. Code § 30.5 - General Provisions

(a) A person must be licensed or registered by the commission before engaging in an activity, occupation, or profession described by Texas Water Code, §§ 26.0301, 26.345, 26.452, 26.456, Texas Health and Safety Code, §§ 341.033, 341.034, 361.027, 366.071, 366.0515, or Texas Occupations Code, § 1903.251 and § 1904.051. The commission shall issue a license or registration only after an applicant has met the minimum requirements for a license or registration as specified in this chapter.

(b) A person shall not advertise or represent themselves to the public as a holder of a license or registration unless that person possesses a current license or registration. A person shall not advertise or represent to the public that it can perform services for which a license or registration is required unless it holds a current license or registration, or unless it employs individuals who hold current licenses.

(c) The executive director may contract with persons to provide services required by this chapter. The commission may authorize contractors to collect reasonable fees for the services provided.

(d) Licenses and registrations are not transferable.

(e) New licenses shall not be issued to employees of the commission who have regulatory authority over the rules of this chapter. Commission employees may maintain a license if that license was issued prior to employment with the commission.

(f) Prohibited Employment.

(1) Individuals subject to registration under the Texas Code of Criminal Procedure, Chapter 62 because of a reportable conviction or adjudication for which an affirmative finding is entered under Texas Code of Criminal Procedure, Article 42.015(b) or Section 5(e)(2), Article 45.12, and licensed after September 1, 2013, may not, for compensation, provide or offer to provide any type of service in the residence of another person unless the provision of service will be supervised.

(2) For purposes of this subsection.

(A) "Residence" means a structure primarily used as a permanent dwelling and land that is contiguous to that permanent dwelling.

(B) "Supervision" means direct, continuous visual observation of the individual at all times.

(g) The executive director may issue a digital license or registration in lieu of a paper certificate or pocket card.

Notes

30 Tex. Admin. Code § 30.5

The provisions of this §30.5 adopted to be effective December 17, 2001, 26 TexReg 10330; amended to be effective March 1, 2006, 31 TexReg 1301; amended to be effective September 27, 2007, 32 TexReg 6523; amended to be effective July 10, 2014, 39 TexReg 5181; Amended by Texas Register, Volume 50, Number 11, March 14, 2025, TexReg 1929, eff. 3/23/2025