Consistent with the Texas Health and Safety Code, 250.006, convictions of criminal offenses, which constitute an absolute bar to employment:

(a)  A person for whom the facility or the individual employer is entitled to obtain criminal history record information may not be employed in a facility or by an individual employer if the person has been convicted of an offense listed in this subsection:

  • an offense under Chapter 19, Penal Code (criminal homicide);
  • an offense under Chapter 20, Penal Code (kidnapping and unlawful restraint);
  • an offense under Section 21.02, Penal Code (continuous sexual abuse of young child or children), or Section 21.11, Penal Code (indecency with a child);
  • an offense under Section 22.011, Penal Code (sexual assault);
  • an offense under Section 22.02, Penal Code (aggravated assault);
  • an offense under Section 22.04, Penal Code (injury to a child, elderly individual, or disabled individual);
  • an offense under Section 22.041, Penal Code (abandoning or endangering child);
  • an offense under Section 22.08, Penal Code (aiding suicide);
  • an offense under Section 25.031, Penal Code (agreement to abduct from custody);
  • an offense under Section 25.08, Penal Code (sale or purchase of a child);
  • an offense under Section 28.02, Penal Code (arson);
  • an offense under Section 29.02, Penal Code (robbery);
  • an offense under Section 29.03, Penal Code (aggravated robbery);
  • an offense under Section 21.08, Penal Code (indecent exposure);
  • an offense under Section 21.12, Penal Code (improper relationship between educator and student);
  • an offense under Section 21.15, Penal Code (improper photography or visual recording);
  • an offense under Section 22.05, Penal Code (deadly conduct);
  • an offense under Section 22.021, Penal Code (aggravated sexual assault);
  • an offense under Section 22.07, Penal Code (terroristic threat);
  • an offense under Section 33.021, Penal Code (online solicitation of a minor);
  • an offense under Section 34.02, Penal Code (money laundering);
  • an offense under Section 35A.02, Penal Code (Medicaid fraud);
  • an offense under Section 36.06, Penal Code (obstruction or retaliation);
  • an offense under Section 42.09, Penal Code (cruelty to livestock animals), or under Section 42.092, Penal Code (cruelty to nonlivestock animals); or
  • a conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed by this subsection.

(b)  A person may not be employed in a position the duties of which involve direct contact with a consumer in a facility or may not be employed by an individual employer before the fifth anniversary of the date the person is convicted of:

  • an offense under Section 22.01, Penal Code (assault), that is punishable as a Class A misdemeanor or as a felony;
  • an offense under Section 30.02, Penal Code (burglary);
  • an offense under Chapter 31, Penal Code (theft), that is punishable as a felony;
  • an offense under Section 32.45, Penal Code (misapplication of fiduciary property or property of a financial institution), that is punishable as a Class A misdemeanor or a felony;
  • an offense under Section 32.46, Penal Code (securing execution of a document by deception), that is punishable as a Class A misdemeanor or a felony;
  • an offense under Section 37.12, Penal Code (false identification as peace officer); or
  • an offense under Section 42.01(a)(7), (8), or (9), Penal Code (disorderly conduct).