Bottom Line for Texas Nonprofits
- ✓School volunteers with direct contact with students (per district policy under § 22.0835)
- ✓Childcare facility volunteers with regular child contact (HHSC licensed facilities)
- ✓Volunteers at state-funded HHS grantee organizations serving vulnerable populations
- +1 more covered roles below
State Laws That Apply to Volunteer Background Checks
Texas Education Code § 22.0835 — Volunteer Criminal History Records
Tex. Educ. Code § 22.0835Requires school districts, open-enrollment charter schools, and shared services arrangements to obtain criminal history record information from DPS (and other law enforcement agencies) for volunteers with direct contact with students. Exempts parents/grandparents of enrolled students, individuals accompanied by staff, and one-time event volunteers.
HB 4123 (88th Legislature, 2023) — DPS Access Restoration
Tex. Educ. Code § 22.0835(f) as amended (2023)Resolved a conflict between Texas and federal law by explicitly authorizing school districts to obtain volunteer criminal history information from DPS. Prior to HB 4123, a gap in the statutory framework created uncertainty about the legality of accessing DPS records for volunteer checks.
Texas Human Resources Code § 42 — Childcare Licensing and Background Checks
Tex. Hum. Res. Code § 42.056Requires criminal history background checks for all childcare facility personnel and volunteers with regular child contact. Administered by the Health and Human Services Commission (HHSC) through its childcare licensing division.
Texas HHS Grantee Background Check Policy (effective Sept. 1, 2024)
HHS Procurement Contract Requirements (Sept. 1, 2024)As of September 1, 2024, grantees receiving state HHS funding are responsible for independently managing background check requirements. Requires a name-based criminal history check and central registry check on all new hires, volunteers, and persons working under the grantee with vulnerable populations.
Who Must Be Screened in Texas
!Legally Required to Be Screened
- •School volunteers with direct contact with students (per district policy under § 22.0835)
- •Childcare facility volunteers with regular child contact (HHSC licensed facilities)
- •Volunteers at state-funded HHS grantee organizations serving vulnerable populations
- •Volunteers in juvenile justice programs and state-licensed youth residential facilities
Types of Background Checks Required in Texas
How to Get Background Checks in Texas
$5 per check — includes national criminal database, sex offender registry across all 50 states, SSN trace, and FCRA Certified Compliance Team review.
Start Free Today →Volunteer Screening in Texas: What You Need to Know
Texas's large geographic size and diverse nonprofit ecosystem — spanning urban megacities (Houston, Dallas, San Antonio) and rural areas — create significant variation in how volunteer screening is implemented. The 2023 HB 4123 fix was a notable legislative correction that expanded school districts' practical ability to screen. Texas has a large faith-based volunteer sector (particularly evangelical churches running youth programs) and significant immigrant-serving nonprofits where ITIN holders and non-citizens often volunteer. The 2024 shift in HHS grantee policy places the compliance burden directly on nonprofits receiving state funding.
Compliance Tips for Texas Nonprofits
- 1
If your organization receives any Texas HHS grant funding, establish a formal background check policy before September 1, 2024 compliance deadlines — the state now expects grantees to independently document and manage checks on all volunteers working with funded programs.
- 2
Use the Texas DPS Crime Records Service online portal for cost-effective name-based criminal history checks on school volunteers — it is faster and more affordable than hiring a commercial CRA for this purpose.
- 3
Do not rely on the parent/grandparent exemption under § 22.0835 without confirming the individual actually meets the statutory criteria — district auditors flag misapplication of this exemption as a common compliance gap.
- 4
Run a DFPS Central Registry check (child abuse history) in addition to DPS criminal history for volunteers working with children in licensed childcare or HHS-funded programs — these are separate databases.
- 5
Check the Texas DPS Sex Offender Registry (public, free, searchable online) as a baseline screen before any formal check is submitted, particularly for high-volume volunteer events.
Frequently Asked Questions
Does Texas Education Code § 22.0835 — Volunteer Criminal History Records apply to my nonprofit?
Texas law applies to nonprofits with volunteers working in covered roles — typically involving direct, unsupervised contact with children, elderly individuals, or vulnerable adults. Texas does not have a single statewide mandate requiring background checks for all nonprofit volunteers, but sector-specific laws impose clear requirements in schools, childcare, and state-funded programs.
What happens if we skip background checks in Texas?
Failing to screen volunteers in Texas can expose your organization to negligent supervision liability, loss of insurance coverage, and — in sectors with mandatory requirements — regulatory penalties. Under the federal FCRA, running checks without proper procedures also creates compliance risk.
How long does a Texas volunteer background check take?
Texas Department of Public Safety (DPS) for criminal history; Texas Health and Human Services Commission (HHSC) for childcare licensing; Texas Education Agency (TEA) oversight of school volunteer policies; DFPS for child abuse registry typically processes checks in DPS name-based: 1–3 business days online; fingerprint-based: 5–10 business days. VolunteerBadge's national criminal database search returns results instantly for most volunteers.