Tex.
Health & Safety Code Section 250.006
Convictions Barring 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:(1)
an offense under Chapter 19 (Criminal Homicide), Penal Code (criminal homicide);(2)
an offense under Chapter 20 (Kidnapping, Unlawful Restraint, and), Penal Code (kidnapping, unlawful restraint, and smuggling of persons);(3)
an offense under Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), Penal Code (continuous sexual abuse of young child or disabled individual), or Section 21.11 (Indecency with a Child), Penal Code (indecency with a child);(4)
an offense under Section 22.011 (Sexual Assault), Penal Code (sexual assault);(5)
an offense under Section 22.02 (Aggravated Assault), Penal Code (aggravated assault);(6)
an offense under Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual), Penal Code (injury to a child, elderly individual, or disabled individual);(7)
an offense under Section 22.041 (Abandoning or Endangering a Child, Elderly Individual, or Disabled Individual), Penal Code (abandoning or endangering a child, elderly individual, or disabled individual);(8)
an offense under Section 22.08 (Aiding Suicide), Penal Code (aiding suicide);(9)
an offense under Section 25.031 (Agreement to Abduct from Custody), Penal Code (agreement to abduct from custody);(10)
an offense under Section 25.08 (Sale or Purchase of Child), Penal Code (sale or purchase of child);(11)
an offense under Section 28.02 (Arson), Penal Code (arson);(12)
an offense under Section 29.02 (Robbery), Penal Code (robbery);(13)
an offense under Section 29.03 (Aggravated Robbery), Penal Code (aggravated robbery);(14)
an offense under Section 21.08 (Indecent Exposure), Penal Code (indecent exposure);(15)
an offense under Section 21.12 (Improper Relationship Between Educator and Student), Penal Code (improper relationship between educator and student);(16)
an offense under Section 21.15 (Invasive Visual Recording), Penal Code (invasive visual recording);(17)
an offense under Section 22.05 (Deadly Conduct), Penal Code (deadly conduct);(18)
an offense under Section 22.021 (Aggravated Sexual Assault), Penal Code (aggravated sexual assault);(19)
an offense under Section 22.07 (Terroristic Threat), Penal Code (terroristic threat);(20)
an offense under Section 32.53 (Exploitation of Child, Elderly Individual, or Disabled Individual), Penal Code (exploitation of child, elderly individual, or disabled individual);(21)
an offense under Section 33.021 (Online Solicitation of a Minor), Penal Code (online solicitation of a minor);(22)
an offense under Section 34.02 (Money Laundering), Penal Code (money laundering);(23)
an offense under Section 35A.02 (Health Care Fraud), Penal Code (health care fraud);(24)
an offense under Section 36.06 (Obstruction or Retaliation), Penal Code (obstruction or retaliation);(25)
an offense under Section 42.09 (Cruelty to Livestock Animals), Penal Code (cruelty to livestock animals), or under Section 42.092 (Cruelty to Nonlivestock Animals), Penal Code (cruelty to nonlivestock animals); or(26)
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:(1)
an offense under Section 22.01 (Assault), Penal Code (assault), that is punishable as a Class A misdemeanor or as a felony;(2)
an offense under Section 30.02 (Burglary), Penal Code (burglary);(3)
an offense under Chapter 31 (Theft), Penal Code (theft), that is punishable as a felony;(4)
an offense under Section 32.45 (Misapplication of Fiduciary Property or Property of Financial Institution), Penal Code (misapplication of fiduciary property or property of financial institution), that is punishable as a Class A misdemeanor or a felony;(5)
an offense under Section 32.46 (Fraudulent Securing of Document Execution), Penal Code (fraudulent securing of document execution), that is punishable as a Class A misdemeanor or a felony;(6)
an offense under Section 37.12 (False Identification as Peace Officer; Misrepresentation of Property), Penal Code (false identification as peace officer; misrepresentation of property); or(7)
an offense under Section 42.01 (Disorderly Conduct)(a)(7), (8), or (9), Penal Code (disorderly conduct).(c)
In addition to the prohibitions on employment prescribed by Subsections (a) and (b), a person for whom a facility licensed under Chapter 242 (Convalescent and Nursing Facilities and Related Institutions) or 247 (Assisted Living Facilities) is entitled to obtain criminal history record information may not be employed in a facility licensed under Chapter 242 (Convalescent and Nursing Facilities and Related Institutions) or 247 (Assisted Living Facilities) if the person has been convicted:(1)
of an offense under Section 30.02 (Burglary), Penal Code (burglary); or(2)
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 under Section 30.02 (Burglary), Penal Code.(d)
For purposes of this section, a person who is placed on deferred adjudication community supervision for an offense listed in this section, successfully completes the period of deferred adjudication community supervision, and receives a dismissal and discharge in accordance with Article 42A.111, Code of Criminal Procedure, is not considered convicted of the offense for which the person received deferred adjudication community supervision.
Source:
Section 250.006 — Convictions Barring Employment, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.250.htm#250.006 (accessed Jun. 5, 2024).
