2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle B - Licensing of Health Facilities › Chapter 250 - Nurse Aide Registry and Criminal History Checks of Employees and Applicants for Employment in Certain Facilities Serving the Elderly, Persons With Disabilities, or Persons With Terminal Illnesses › Section 250.006. Convictions Barring Employment

Sec. 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, Penal Code (criminal homicide);
(2)  an offense under Chapter 20, Penal Code (kidnapping, unlawful restraint, and smuggling of persons);
(3)  an offense under Section 21.02, Penal Code (continuous sexual abuse of young child or disabled individual), or 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 a child, elderly individual, or disabled individual);
(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 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);
(14)  an offense under Section 21.08, Penal Code (indecent exposure);
(15)  an offense under Section 21.12, Penal Code (improper relationship between educator and student);
(16)  an offense under Section 21.15, Penal Code (invasive visual recording);
(17)  an offense under Section 22.05, Penal Code (deadly conduct);
(18)  an offense under Section 22.021, Penal Code (aggravated sexual assault);
(19)  an offense under Section 22.07, Penal Code (terroristic threat);
(20)  an offense under Section 32.53, Penal Code (exploitation of child, elderly individual, or disabled individual);
(21)  an offense under Section 33.021, Penal Code (online solicitation of a minor);
(22)  an offense under Section 34.02, Penal Code (money laundering);
(23)  an offense under Section 35A.02, Penal Code (health care fraud);
(24)  an offense under Section 36.06, Penal Code (obstruction or retaliation);
(25)  an offense under Section 42.09, Penal Code (cruelty to livestock animals), or under Section 42.092, 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, 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 financial institution), that is punishable as a Class A misdemeanor or a felony;
(5)  an offense under Section 32.46, 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, Penal Code (false identification as peace officer; misrepresentation of property); or
(7)  an offense under Section 42.01(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 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.
(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.
Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.39, eff. Sept. 1, 1995.  Renumbered from Health & Safety Code Sec. 250.005 and amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June 16, 1995.  Amended by Acts 1997, 75th Leg., ch. 482, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1159, Sec. 1.33, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1025, Sec. 6, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1267, Sec. 5, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 911, Sec. 2, eff. June 20, 2003;  Acts 2003, 78th Leg., ch. 1084, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1209, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.44, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 971 (S.B. 199), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 817 (H.B. 2609), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 3.06, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 24, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 363 (H.B. 2683), Sec. 3, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0757, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.68, eff. January 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 381 (H.B. 2894), Sec. 5, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.22, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 837 (S.B. 109), Sec. 7, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 830 (H.B. 2187), Sec. 7, eff. September 1, 2023.