Texas Department of Aging and Disability Services (DADS) applies absolute criminal bars to employment that are set out in the Texas Health and Safety Code, Chapter 250, Section 250.006. In addition, there are offenses that have been determined to be absolute criminal bars to employment pursuant to DADS authority granted in Texas Administrative Code, Title 40, Part 1, Chapter 3, Subchapter B, Rule §3.201

The state supported living centers provide campus-based direct services and supports to people with intellectual and developmental disabilities at 13 locations around the state. The current policy assures a consistent application of the criminal history review process.

Bars pursuant to Health and Safety Code §250.006

Texas Penal Code

  • Chapter 19 — Criminal homicide:  includes Murder, Capital Murder, Manslaughter, or Criminally negligent homicide
  • Chapter 20 — Kidnapping and unlawful restraint
  • §21.02 — Continuous sexual abuse of young child or children
  • §21.08 — Indecent Exposure
  • §21.11 — Indecency with a child
  • §21.12 — Improper relationship between educator and student
  • §21.15 — Improper photography or visual recording
  • §22.01 — Assault: Class A Misdemeanor or Felony conviction, which occurred within the previous five years.
  • §22.011 — Assault, Sexual
  • §22.02 — Assault, Aggravated
  • §22.021 — Assault, Aggravated Sexual
  • §22.04 — Injury to a child, elderly individual, or disabled individual
  • §22.041 — Abandoning or endangering a child
  • §22.05 — Deadly Conduct
  • §22.07 — Terroristic Threat
  • §22.08 — Aiding suicide
  • §25.031 — Agreement to abduct from custody
  • §25.08 — Sale or purchase of a child
  • §28.02 — Arson
  • §29.02 — Robbery
  • §29.03 — Robbery, Aggravated
  • §30.02 — Burglary: a conviction which occurred within the previous five years.
  • Chapter 31 — Theft: a conviction that is punishable as a felony which occurred within the previous five years.
  • §32.45 — Misapplication of fiduciary property or property of a financial institution: a Class A Misdemeanor or Felony conviction which occurred in the previous five years.
  • §32.46 — Securing execution of a document by deception: a Class A Misdemeanor or Felony conviction which occurred in the previous five years.
  • §33.021 — Online solicitation of a minor
  • §34.02 — Money laundering
  • §35A.02 — Medicaid fraud
  • §36.06 – Obstruction or Retaliation
  • §37.12 — False identification as a peace officer: a conviction which occurred in the previous five years.
  • §42.01(a)(7),(8), or(9) — Disorderly conduct associated with the discharge or display of a firearm in a public place: a conviction which occurred in the previous five years.
  • §42.09 — Cruelty to animals
  • §42.092 – Cruelty to nonlivestock animals
  • 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 above.

Additional to bars to employment

Bars pursuant to Texas Administrative Code, Title 40, Part 1, Chapter 3, §3.201 Texas Health and Safety Code

  • Chapter 481 — Texas Controlled Substances Act:  a conviction that is punishable as a felony (involving manufacture, delivery, intent to distribute, conspiracy to posses or produce with intent to distribute, distribution to a minor, illegal expenditure or investment, or transfer or receipt of chemical laboratory apparatus).

Texas Penal Code

  • §15.01 – Criminal Attempt of any offense listed as a bar
  • §43.03 – Promotion of Prostitution
  • §43.04 – Aggravated Promotion of Prostitution
  • §43.05 -  Compelling Prostitution
  • §43.25 – Sexual Performance by a Child
  • §43.26 – Possession or Promotion of Child Pornography

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Updated: June 30, 2014