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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 4RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES
SUBCHAPTER KCRIMINAL HISTORY AND REGISTRY CLEARANCES
RULE §4.505Prohibition to Employment or Contractual or Volunteer Status

(a) An MRA or community center may not hire, enter into a contract with, or assign volunteer status to an applicant with the MRA or community center who:

  (1) has a conviction of an offense listed in Texas Health and Safety Code §250.006(a);

  (2) has a conviction of an offense listed in Texas Health and Safety Code §250.006(b), during the five years before the proposed employment or contractual or volunteer status;

  (3) has a conviction of an offense that the MRA or community center determines is a contraindication to employment or contractual or volunteer status; or

  (4) is listed as unemployable in a registry.

(b) An MRA or community center may not continue to employ, contract with, or give volunteer status to a person who:

  (1) has a conviction of an offense listed in Texas Health and Safety Code §250.006(a);

  (2) has a conviction of an offense listed in Texas Health and Safety Code §250.006(b), during the five years before the MRA or community has knowledge of the conviction;

  (3) has a conviction of an offense that the MRA or community center determines is a contraindication to employment or contractual or volunteer status; or

  (4) is listed as unemployable in a registry.

(c) An MRA or community center must give an applicant with the MRA or community center the following information, in writing, when the applicant makes an application for employment or contractual or volunteer status:

  (1) that criminal history and registry checks will be conducted on the applicant;

  (2) the types of criminal offenses for which a conviction prohibits employment by law;

  (3) that a conviction of other types of criminal offenses may be considered a contraindication to employment or contractual or volunteer status;

  (4) that a registry check will be conducted to determine if an applicant is listed as unemployable; and

  (5) that a registry check will be conducted annually to determine if an employee, contractor, or volunteer is listed as unemployable.


Source Note: The provisions of this §4.505 adopted to be effective October 6, 2011, 36 TexReg 6513

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