37 Tex. Admin. Code § 344.400 - Disqualifying Criminal History
(a) Applicants for
Certification. An individual with the following criminal history is not
eligible for certification or for employment in a position requiring
certification:
(1) deferred adjudication or
conviction for a felony listed in Texas Code of Criminal Procedure Article
42A.054 (formerly known as "3(g) offenses" under former Article 42.12) or a
substantially equivalent violation against the laws of another state or the
United States (as determined by TJJD), regardless of the date of disposition;
or
(2) deferred adjudication or
conviction for a sexually violent offense as defined in Article 62.001, Texas
Code of Criminal Procedure, or a substantially equivalent violation against the
laws of another state or the United States (as determined by TJJD), regardless
of the date of disposition.
(b) Other Individuals Subject to Criminal
Background Checks.
An individual with the criminal history described in subsection (a) of this section is not eligible to serve in a position listed in § 344.300(b)(3) of this chapter.
(c) General
Provisions.
(1) Subsection (a)(1) of this
section does not apply to individuals certified before February 1, 2018, unless
the certification expires.
(2)
Subsection (a)(1) of this section does not apply to individuals in a position
listed in §
344.300(b)(3) of
this chapter who began service provision before February 1, 2018, with no break
in service after that date.
(3)
Subsection (a)(2) of this section does not apply to individuals certified
before the most recent effective date of this section unless the certification
expires.
(4) Subsection (a)(2) of
this section does not apply to individuals in a position listed in §
344.300(b)(3) of
this chapter who began service provision before the most recent effective date
of this section with no break in service after that date.
Notes
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