(a) A public entity that operated as a center under this subchapter before November 1, 1995, or a nonprofit entity is eligible for a contract under § 264.410 if the entity:
(1) has a signed memorandum of understanding as provided by § 264.403;
(2) has a signed working protocol as provided by § 264.4031;
(3) has a governing board as provided by § 264.404;
(4) has a multidisciplinary team as provided by § 264.406;
(5) regularly convenes the multidisciplinary team as provided by § 264.406;
(6) employs an executive director who is accountable to the board of directors of the entity and who is not the exclusive salaried employee of any governmental agency; and
(7) fulfills the duties required by § 264.405.
(b) The statewide organization described by § 264.409 may waive the requirements specified in Subsection (a) if it determines that the waiver will not adversely affect a center’s ability to carry out its duties under § 264.405.