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Texas Health & Safety Code - Section 250.006. Convictions Barring Employment

Legal Research Home > Texas Laws > Health & Safety Code > Texas Health & Safety Code - Section 250.006. Convictions Barring Employment

§ 250.006. CONVICTIONS BARRING EMPLOYMENT. (a) A person for whom the facility is entitled to obtain criminal history record information may not be employed in a facility if the person has been convicted of an offense listed in this subsection: (1) an offense under Chapter 19, Penal Code (criminal homicide); (2) an offense under Chapter 20, Penal Code (kidnapping and unlawful restraint ); (3) an offense under Section 21.11, Penal Code (indecency with a child); (4) an offense under Section 22.011, Penal Code (sexual assault); (5) an offense under Section 22.02, Penal Code (aggravated assault); (6) an offense under Section 22.04, Penal Code (injury to a child, elderly individual, or disabled individual); (7) an offense under Section 22.041, Penal Code (abandoning or endangering child); (8) an offense under Section 22.08, Penal Code (aiding suicide); (9) an offense under Section 25.031, Penal Code (agreement to abduct from custody); (10) an offense under Section 25.08, Penal Code (sale or purchase of a child); (11) an offense under Section 28.02, Penal Code (arson); (12) an offense under Section 29.02, Penal Code (robbery); (13) an offense under Section 29.03, Penal Code (aggravated robbery); or (14) 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 under Subdivisions (1)-(13). (b) A person may not be employed in a position the duties of which involve direct contact with a consumer in a facility before the fifth anniversary of the date the person is convicted of: (1) an offense under Section 22.01, Penal Code (assault), that is punishable as a Class A misdemeanor or as a felony; (2) an offense under Section 30.02, Penal Code (burglary); (3) an offense under Chapter 31, Penal Code (theft), that is punishable as a felony; (4) 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; or (5) 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. (c) In addition to the prohibitions on employment prescribed by Subsections (a) and (b), a person for whom a facility licensed under Chapter 242 or 247 is entitled to obtain criminal history record information may not be employed in a facility licensed under Chapter 242 or 247 if the person has been convicted: (1) of an offense under Section 30.02, 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, Penal Code. Added by Acts 1993, 73rd Leg., ch. 747, § 25, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, § 14.39, eff. Sept. 1, 1995. Renumbered from V.T.C.A., Health & Safety Code § 250.005 and amended by Acts 1995, 74th Leg., ch. 831, § 1, eff. June 16, 1995. Amended by Acts 1997, 75th Leg., ch. 482, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1159, § 1.33, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1025, § 6, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1267, § 5, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 911, § 2, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1084, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1209, § 1, eff. Sept. 1, 2003.

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Last modified: August 11, 2007