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Appendix 2000-1: Purchased Client Services (PCS) Background Check Criminal History Chart

CBCU July 2017

About the Charts

Texas Penal Code, Title 4, Inchoate Offenses

Texas Penal Code, Title 5, Offenses Against the Person

Texas Penal Code, Title 6, Chapter 25, Offenses Against the Family

Texas Penal Code, Title 7, Offenses Against Property

Texas Penal Code, Title 8, Offenses Against Administration

Texas Penal Code, Title 9, Disorderly Conduct and Related Offenses

Texas Penal Code, Title 10, Offenses Against Public Health, Safety, and Morals

Texas Penal Code, Title 11, Organized Crime

Texas Education Code

Texas Family Code

Texas Health and Safety Code

Texas Human Resources Code

Texas Alcoholic Beverage Code

Texas Business and Commerce Code

Texas Code of Criminal Procedure

Texas Transportation Code

Texas Civil Practice and Remedies Code

Any other Title under the Texas Penal Code or any other Texas Code not specifically mentioned above

About the Charts

As used in this chart, a criminal conviction is the outcome of a criminal prosecution that results in a judgment that the defendant is guilty of the crime charged. In this policy, criminal conviction includes deferred adjudication, when the terms of the agreement have not yet been completed, and convictions for similar crimes in other states or federal crimes.

Criminal conviction does not include the following:

  •   Vacated convictions

  •   Convictions that were set aside

  •   Convictions with an order of nondisclosure or an order of expunction in place

  •   Pre-trial diversions, either pending or successfully completed

  •   Deferred adjudication, successfully completed

Some of the information in the charts is flagged as belonging to one of the categories described below:

Category

Description

5

Indicates an offense that has been renamed with the Regular Session of the 84th Legislature (2015), or has been renamed in a previous legislative session but was not corrected previously on this chart. Both current and previous offense names have been provided on the chart.

6

Two separate offenses were given the section number 21.16 as a result of the Regular Session of the 84th Legislature 2015).

7

Offenses with the Penal Code 49.04, 49.05, 49.06, 49.065, 49.07 and 49.08 can all be enhanced to Penal Code 49.09 with increased penalties depending on the provisions outlined in TPC 49.09.

8

While these offenses are not normally prosecuted as misdemeanors, action is described should the offense be reduced to a misdemeanor per TPC 12.44(b).

Texas Penal Code, Title 4, Inchoate Offenses

Offense

Texas Penal Code

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Criminal Solicitation of a Minor (felony or misdemeanor)

15.031

Absolute Bar

Risk Evaluation

Texas Penal Code, Title 5, Offenses Against the Person

Offense

Texas Penal Code

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Murder (felony)

19.02

Absolute Bar

N/A

Capital Murder (felony)

19.03

Absolute Bar

N/A

Manslaughter (felony)

19.04

Absolute Bar

N/A

Criminally Negligent Homicide (felony)

19.05

Absolute Bar

Absolute Bar8

Unlawful Restraint (felony or misdemeanor)

20.02

Absolute Bar

Risk Evaluation

Kidnapping (felony)

20.03

Absolute Bar

N/A

Aggravated Kidnapping (felony)

20.04

Absolute Bar

N/A

Smuggling of Persons (felony) or Unlawful Transport (felony)5

20.05

Absolute Bar

N/A

Continuous Smuggling of Persons (felony)

20.06

Absolute Bar

N/A

Trafficking of Persons (felony)

20A.02

Absolute Bar

N/A

Continuous Trafficking of Persons (felony)

20A.03

Absolute Bar

N/A

Continuous Sexual Abuse of Young Child or Children(felony)

21.02

Absolute Bar

N/A

Public Lewdness (misdemeanor)

21.07

N/A

Risk Evaluation

Indecent Exposure (misdemeanor)

21.08

N/A

5-Year Bar; Risk Evaluation Thereafter

Indecency with a Child (felony)

21.11

Absolute Bar

N/A

Improper Relationship Between Educator & Student(felony)

21.12

Absolute Bar

N/A

Invasive Visual Recording (felony) 5

21.15

Absolute Bar

Absolute Bar8

Unlawful Disclosure or Promotion of Intimate Visual Material (misdemeanor)

21.166

N/A

Risk Evaluation

Voyeurism (felony or misdemeanor)

21.166

Absolute Bar

Risk Evaluation

Assault (felony or misdemeanor)

22.01

Absolute Bar

Class A: 5-Year Bar; Risk Evaluation Thereafter

Class B or C: Risk Evaluation

Sexual Assault (felony)

22.011

Absolute Bar

N/A

Aggravated Assault (felony)

22.02

Absolute Bar

N/A

Aggravated Sexual Assault (felony)

22.021

Absolute Bar

N/A

Injury to a Child, Elderly Individual, or Disabled Individual (felony)

22.04

Absolute Bar

Absolute Bar 8

Abandoning or Endangering Child (felony)

22.041

Absolute Bar

Absolute Bar 8

Deadly Conduct (felony or misdemeanor)

22.05

Absolute Bar

Absolute Bar

Terroristic Threat (felony or misdemeanor)

22.07

Absolute Bar

5-Year Bar; Risk Evaluation Thereafter

Aiding Suicide (felony or misdemeanor)

22.08

Absolute Bar

Absolute Bar

Tampering with a Consumer Product (felony)

22.09

Absolute Bar

N/A

Leaving a Child in a Vehicle (misdemeanor)

22.10

N/A

Risk Evaluation

Harassment by Persons in Certain Correctional Facilities; Harassment of a Public Servant (felony)

22.11

Absolute Bar

N/A

Texas Penal Code, Title 6, Chapter 25, Offenses Against the Family

Offense

Texas Penal Code

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Bigamy (felony)

25.01

Risk Evaluation

N/A

Prohibited Sexual Conduct (felony)

25.02

Absolute Bar

N/A

Interference with Child Custody (felony)

25.03

Risk Evaluation

Absolute Bar 8

Agreement to Abduct from Custody (felony)

25.031

Absolute Bar

Absolute Bar 8

Enticing a Child (felony or misdemeanor)

25.04

Absolute Bar

Absolute Bar

Criminal Nonsupport (felony)

25.05

Risk Evaluation

Risk Evaluation if conviction was in the last 10 years8

Harboring Runaway Child (misdemeanor)

25.06

N/A

Risk Evaluation

Violations of Certain Court Orders or Conditions of Bond in a Family Violence Case (felony or misdemeanor) or Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, Trafficking Case (felony or misdemeanor) 5

25.07

Absolute Bar

Risk Evaluation

Violation of Protective Order Preventing Offense Caused by Bias or Prejudice (felony or misdemeanor)

25.071

Risk Evaluation

Risk Evaluation

Repeated Violation of Court Order or Condition of Bond in Family Violence case (felony or misdemeanor)

25.072

Absolute Bar

Risk Evaluation

Sale or Purchase of Child (felony)

25.08

Absolute Bar

N/A

Advertising for Placement of Child (felony or misdemeanor)

25.09

Risk Evaluation

Risk Evaluation

Interference with Rights of a Guardian of the Person felony)

25.10

Risk Evaluation

Risk Evaluation 8

Continuous Violence Against the Family (felony)

25.11

Absolute Bar

N/A

Texas Penal Code, Title 7, Title 7, Offenses Against the Family

Offense

Texas Penal Code

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Arson (felony)

28.02

Absolute Bar

Absolute Bar8

Criminal Mischief (felony or misdemeanor)

28.03

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation required for either:

A single Class A or B conviction that occurred in the last 10 years, or Multiple convictions occurring at any time, regardless of whether they are Class A, B, and/or C.

No action required for a single Class C conviction.

Graffiti (felony or misdemeanor)

28.08

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation required for either:

A single Class A or B conviction that occurred in the last 10 years, or

Multiple convictions occurring at any time, regardless of whether they are Class A, B, and/or C.

No action required for a single Class C conviction.

Robbery (felony)

29.02

Absolute Bar

N/A

Aggravated Robbery (felony)

29.03

Absolute Bar

N/A

Burglary (felony)

30.02

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation

Burglary of Vehicle (Class A misdemeanor, or state jail felony with multiple convictions or if the vehicle is a rail car)

30.04

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation

Criminal Trespass (Class A, B, or C misdemeanor only)

30.05

N/A

Risk Evaluation required for either:

A single Class A or B conviction that occurred in the last 10 years, or

Multiple convictions occurring at any time, regardless of whether they are Class A, B, and/or C.

No action required for a single Class C conviction.

Theft (felony or misdemeanor)

31.03, 31.04, 31.05, 31.12, 31.16

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation required for either:

A single Class A or B conviction that occurred in the last 10 years, or

Multiple convictions occurring at any time, regardless of whether they are Class A, B, and/or C.

No action required for a single Class C conviction.

Forgery (felony or misdemeanor)

32.21

Absolute Bar

5-Year Bar; Risk Evaluation Thereafter

Credit Card or Debit Card Abuse (felony)

32.31

5-Year Bar; Risk Evaluation Thereafter

N/A

False Statement to Obtain Property or Credit in the Provision of Certain Services (felony or misdemeanor)

32.32

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation required for either:

A single Class A or B conviction that occurred in the last 10 years, or

Multiple convictions occurring at any time, regardless of whether they are Class A, B, and/or C.

 

No action required for a single Class C conviction.

Hindering Secured Creditors (felony or misdemeanor)

32.33

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation required for either:

A single Class A or B conviction that occurred in the last 10 years, or

Multiple convictions occurring at any time, regardless of whether they are Class A, B, and/or C.

 

No action required for a single Class C conviction.

Misapplication of Fiduciary Property (felony or misdemeanor)

32.45

Absolute Bar

Class A: 5-Year Bar; Risk Evaluation Thereafter

 

Class B or C: Risk Evaluation if offense occurred in the last 10 years OR if there are multiple convictions occurring at any time;

No action needed after 10 years for a single Class B or C conviction

Securing Execution of Fiduciary Property (felony or misdemeanor)

32.46

Absolute Bar

Class A: 5-Year Bar; Risk Evaluation Thereafter

 

Class B or C: Risk Evaluation if offense occurred in the last 10 years OR if there are multiple convictions occurring at any time;

No action needed after 10 years for a single Class B or C conviction

Fraudulent Destruction, Removal, or Concealment of Writing (felony or misdemeanor)

32.47

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Fraudulent Use or Possession of Identifying Information (felony)

32.51

5-Year Bar; Risk Evaluation Thereafter

N/A

Exploitation of Child, Elderly Individual, or Disabled Individual (felony)

32.53

Absolute Bar

N/A

Breach of Computer Security (felony or misdemeanor)

33.02

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Online Solicitation of a Minor (felony)

33.021

Absolute Bar

N/A

Unauthorized Use of Telecommunications Service (felony or misdemeanor)

33A.02

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Manufacture, Possession, or Delivery of Unlawful Telecommunications Device (felony)

33A.03

5-Year Bar; Risk Evaluation Thereafter

N/A

Theft of Telecommunications Service (felony or misdemeanor)

33A.04

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Publication of Telecommunications Access Device (felony or misdemeanor)

33A.05

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Money Laundering (felony)

34.02

Absolute Bar

N/A

Insurance Fraud (felony or misdemeanor)

35.02

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Medicaid Fraud(felony or misdemeanor)

35A.02

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Texas Penal Code, Title 8, Offenses Against Administration

Offense

Texas Penal Code

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Bribery (felony)

36.02

5-Year Bar; Risk Evaluation Thereafter

N/A

Coercion of Public Servant or Voter (felony or misdemeanor)

36.03

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation

Improper Influence (misdemeanor)

36.04

N/A

Risk Evaluation

Tampering with Witness (felony)

36.05

5-Year Bar; Risk Evaluation Thereafter

N/A

Obstruction or Retaliation (felony)

36.06

Absolute Bar

N/A

Acceptance of Honorarium (misdemeanor)

36.07

N/A

Risk Evaluation

Gift to Public Servant by Person Subject to His Jurisdiction (misdemeanor)

36.08

N/A

Risk Evaluation

Offering Gift to Public Servant (misdemeanor)

36.09

N/A

Risk Evaluation

Perjury (misdemeanor)

37.02

N/A

Risk Evaluation if conviction was in the last 10 years

Aggravated Perjury (felony)

37.03

5-Year Bar; Risk Evaluation Thereafter

N/A

Tampering with or Fabricating Physical Evidence (felony or misdemeanor)

37.09

Absolute Bar

5-Year Bar; Risk Evaluation Thereafter

Tampering with Governmental Record (felony or misdemeanor)

37.10

Absolute Bar

5-Year Bar; Risk Evaluation Thereafter

Fraudulent Filing of Financing Statement (felony or misdemeanor)

37.101

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Impersonating a Public Servant (felony)

37.11

Absolute Bar

N/A

False identification as peace officer; misrepresentation of property (misdemeanor)

37.12

N/A

5-Year Bar; Risk Evaluation between 5-10 years

Record of a Fraudulent Court (felony or misdemeanor)

37.13

Absolute Bar

5-Year Bar; Risk Evaluation Thereafter

False Statement Regarding Child Custody Determination Made in Foreign Country (felony)

37.14

Risk Evaluation

N/A

Failure to Identify (misdemeanor)

38.02

N/A

Risk Evaluation if conviction was in the last 10 years

Resisting Arrest, Search, or Transportation (felony or misdemeanor)

38.03

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation if conviction was in the last 10 years

Evading Arrest or Detention (felony or misdemeanor)

38.04

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation if conviction was in the last 10 years

Hindering Apprehension or Prosecution (felony or misdemeanor)

38.05

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation if conviction was in the last 10 years

Escape (felony or misdemeanor)

38.06

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Permitting or Facilitating Escape (felony or misdemeanor)

38.07

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Implements for Escape (felony)

38.09

5-Year Bar; Risk Evaluation Thereafter

N/A

Prohibited Substances and Items in Correctional Facility (felony)

38.11

5-Year Bar; Risk Evaluation Thereafter

N/A

Violation of Protective Order Issued on Basis of Sexual Assault or Abuse, Stalking, or Trafficking (misdemeanor)

38.112

N/A

Risk Evaluation

Barratry and Solicitation of Professional Employment(felony or misdemeanor)

38.12

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Falsely Holding Oneself Out as a Lawyer (felony)

38.122

5-Year Bar; Risk Evaluation Thereafter

N/A

Unauthorized Practice of Law (felony or misdemeanor)

38.123

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer (felony)

38.14

Absolute Bar

Absolute Bar8

Interference with public Duties (Class B misdemeanor only)

38.15

N/A

Risk Evaluation if conviction was in the last 10 years

Interference with Police Service Animals (felony or misdemeanor)

38.151

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation if conviction was in the last 10 years

Failure to Stop or Report Aggravated Sexual Assault of Child(misdemeanor)

38.17

N/A

Absolute Bar

Failure to Report Felony  (misdemeanor)

38.171

N/A

Risk Evaluation if conviction was in the last 10 years

Abuse of Official Capacity (felony or misdemeanor)

39.02

Absolute Bar

5-Year Bar; Risk Evaluation Thereafter

Official Oppression (felony or misdemeanor)

39.03

Absolute Bar

5-Year Bar; Risk Evaluation Thereafter

Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody (felony or misdemeanor)

39.04

Absolute Bar

Risk Evaluation

Misuse of Official Information (felony or misdemeanor)

39.06

Absolute Bar

Risk Evaluation

Texas Penal Code, Title 9, Disorderly Conduct and Related Offenses

Offense

Texas Penal Code

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Disorderly Conduct with Display of Firearm misdemeanor)

42.01(7) or 42.01(8)

N/A

5-Year Bar; Risk Evaluation Thereafter

Harassment (misdemeanor)

42.07

N/A

Risk Evaluation

Stalking (felony)

42.072

Absolute Bar

N/A

Abuse of Corpse (misdemeanor)

42.08

N/A

Risk Evaluation

Cruelty to Livestock Animals (felony or misdemeanor)

42.09

Absolute Bar

Risk Evaluation

Attack on Assistance Animal (felony or misdemeanor)

42.091

Absolute Bar

Risk Evaluation

Cruelty to Nonlivestock Animals (felony or misdemeanor)

42.092

Absolute Bar

Risk Evaluation

Dog Fighting (felony or misdemeanor)

42.10

Absolute Bar

Risk Evaluation

Cockfighting (felony or misdemeanor)

42.105

Absolute Bar

Risk Evaluation

Prostitution (felony or misdemeanor)

43.02

Absolute Bar

Risk Evaluation

Promotion of Prostitution (felony or misdemeanor)

43.03

Absolute Bar

Absolute Bar

Aggravated Promotion of Prostitution (felony)

43.04

Absolute Bar

N/A

Compelling Prostitution (felony)

43.05

Absolute Bar

N/A

Obscene Display or Distribution (misdemeanor)

43.22

N/A

Risk Evaluation

Obscenity (felony or misdemeanor)

43.23

Absolute Bar

Risk Evaluation

Sale, Distribution, or Display of Harmful Material to Minor (felony or misdemeanor)

43.24

Absolute Bar

Risk Evaluation

Sexual Performance by a Child (felony)

43.25

Absolute Bar

N/A

Employment Harmful to Children (felony)

43.251

Absolute Bar

N/A

Possession or Promotion of Child Pornography (felony)

43.26

Absolute Bar

N/A

Electronic Transmission of Certain Visual Material Depicting Minor (misdemeanor)

43.261

N/A

For Class A or B: Risk Evaluation

 

For Class C: No action needed

Texas Penal Code, Title 10, Offenses Against Public Health, Safety, and Morals

Offense

Texas Penal Code

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Making a Firearm Accessible to a Child (misdemeanor)

46.13

N/A

Risk Evaluation if conviction was in the last 10 years

Firearm Smuggling (felony)

46.14

Risk Evaluation

N/A

Prohibition of the Purchase and Sale of Human Organs (misdemeanor)

48.02

N/A

Risk Evaluation

Public Intoxication (misdemeanor)

49.02

N/A

Risk Evaluation if conviction was in the last 5 years

Possession of Alcoholic Beverage in Motor Vehicle (misdemeanor)

49.031

N/A

Risk Evaluation if conviction was in the last 10 years

Driving While Intoxicated (felony or misdemeanor)7

49.04

5-Year Bar; Risk Evaluation between 5-10 years

Risk Evaluation if conviction was in the last 10 years

Driving While Intoxicated with Child Passenger (felony) 7

49.045

5-Year Bar; Risk Evaluation between 5-10 years

Risk Evaluation if conviction was in the last 10 years8

Flying While Intoxicated (felony or misdemeanor) 7

49.05

5-Year Bar; Risk Evaluation between 5-10 years

Risk Evaluation if conviction was in the last 10 years

Boating While Intoxicated (felony or misdemeanor) 7

49.06

5-Year Bar; Risk Evaluation between 5-10 years

Risk Evaluation if conviction was in the last 10 years

Assembling or Operating an Amusement Ride While Intoxicated (felony or misdemeanor) 7

49.065

5-Year Bar; Risk Evaluation between 5-10 years

Risk Evaluation if conviction was in the last 10 years

Intoxication Assault (felony) 7

49.07

5-Year Bar; Risk Evaluation thereafter

N/A

Intoxication Manslaughter (felony) 7

49.08

Absolute Bar

N/A

Texas Penal Code, Title 11, Organized Crime

Offense

Texas Penal Code

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Engaging in Organized Criminal Activity (felony or misdemeanor)

71.02

Absolute Bar

Risk Evaluation

Violation of Court Order Enjoining Organized Criminal Activity (misdemeanor)

71.021

N/A

Risk Evaluation

Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang (felony)

71.022

5-Year Bar; Risk Evaluation Thereafter

N/A

Directing Activities of Certain Criminal Street Gangs(felony)

71.023

Absolute Bar

N/A

Texas Education Code Chapter 37 Discipline; Law and Order

Offense

Education Code

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Hazing (felony or misdemeanor)5

37.152

Risk Evaluation

Risk Evaluation if conviction was in the last 10 years

Texas Family Code

Chapter 107 Special Appointments and Social Studies

Chapter 156 Modification

Chapter 162 Adoption

Chapter 261 Investigation of Report of Child Abuse or Neglect

Chapter 262 Procedures in Suit by Governmental Entity to Protect Health and Safety of Child

Offense

Texas Family Code

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Disclosing confidential information obtained from DFPS social study (misdemeanor)

107.05145

N/A

Risk Evaluation

Modification of order on conviction for Child Abuse (misdemeanor)

156.104

N/A

Risk Evaluation

Modification of order on conviction for Family Violence (misdemeanor)

156.1045

N/A

Risk Evaluation

Placement by Unauthorized Person (misdemeanor)

162.025

N/A

Risk Evaluation

General Penalty: Violating the Interstate Compact on the Placement of children (misdemeanor)

162.107

N/A

Risk Evaluation

Prohibited Acts: Criminal Penalties

(felony or misdemeanor)

162.421

Risk Evaluation

Risk Evaluation

Making a False Report of Abuse or Neglect (felony)

261.107

Absolute Bar

Absolute Bar8

Failure to Report; Penalty (felony or misdemeanor)

261.109

Risk Evaluation

Risk Evaluation

Conduct of Investigation (misdemeanor)

261.302

N/A

Risk Evaluation

Interference with Investigation; Criminal Penalty (misdemeanor)

261.3032

N/A

Risk Evaluation

Removal of Alleged Perpetrator; Offense (felony or misdemeanor)

262.1015

Absolute Bar

Risk Evaluation

Texas Health and Safety Code

Chapter 81 Communicable Diseases

Chapter 161 Public Health Provisions

Chapter 260 Boarding Home Facilities

Chapter 464 Facilities Treating Alcoholics or Drug-Dependent Persons

Chapter 481 Texas Controlled Substances Act

Chapter 482 Simulated Controlled Substances

Chapter 483 Dangerous Drugs

Chapter 485 Abusable Volatile Chemicals

Chapter 555 State Supported Living Centers

Offense

Texas Health and Safety Code

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Evading or Resisting Apprehension or Transport by Person Subject to Custody or Temporary Detention (misdemeanor)

81.212

N/A

Risk Evaluation

Reports of Abuse and Neglect or of Illegal, Unprofessional or Unethical Conduct (misdemeanor)

161.132

N/A

Risk Evaluation

Failure to Report: Criminal Penalty (misdemeanor)

260A.012

N/A

Risk Evaluation

Bad Faith, Malicious or Reckless Reporting: Criminal Penalty (misdemeanor)

260A.013

N/A

Risk Evaluation

Criminal Penalty (misdemeanor)

464.016

N/A

Risk Evaluation

Manufacture or Delivery of Controlled Substances felony)

481.112

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years8

Manufacture or Delivery of Substance in Penalty Group 1-A (felony)

481.1121

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years8

Manufacture or Delivery of Substance in Penalty Group 2 or 2-A (felony)

481.113

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years8

Manufacture or Delivery of Substance in Penalty Group 3 or 4 (felony)

481.114

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years8

Possession of Substance in Penalty Group 1 (felony)

481.115

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years

Possession of Substance in Penalty Group 1-A (felony)

481.1151

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years

Possession of Substance in Penalty Group 2 (felony)

481.116

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years

Possession of Substance in Penalty Group 2-A (felony or misdemeanor)

481.1161

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years

Possession of Substance in Penalty Group 3 (felony or misdemeanor)

481.117

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years

Possession of Substance in Penalty Group 4 (felony or misdemeanor)

481.118

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years

Manufacture, Delivery, or Possession of Miscellaneous Substances (misdemeanor)

481.119

N/A

5-Year Bar; Risk Evaluation between 5-10 years

Delivery of Marijuana (felony or misdemeanor)

481.120

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years

Possession of Marijuana (felony or misdemeanor)

481.121

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years

Delivery of Controlled Substance or Marijuana to Child (felony)

481.122

5-Year Bar; Risk Evaluation thereafter

N/A

Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance (felony or misdemeanor)

481.124

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years

Possession or Transport of Anhydrous Ammonia: Use of or Tampering with Equipment (felony)

481.1245

5-Year Bar; Risk Evaluation between 5-10 years

N/A

Possession or Delivery of Drug Paraphernalia (felony or misdemeanor)

481.125

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years

Illegal Barter, Expenditure, or Investment (felony)

481.126

5-Year Bar; Risk Evaluation between 5-10 years

N/A

Unauthorized Disclosure of Information (felony)

481.127

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years

Commercial Matters (felony)

481.128

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years8

Diversion of Controlled Substance by Restraints, Dispensers, and Certain Other Persons (felony)

481.1285

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years8

Fraud (felony or misdemeanor)

481.129

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years

Diversion of Controlled Substance Property or Plant (felony)

481.131

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years8

Falsification of Drug Test Results (misdemeanor)

481.133

N/A

5-Year Bar; Risk Evaluation between 5-10 years

Unlawful Transfer or Receipt of Chemical Precursor (felony)

481.136

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years8

Transfer of Precursor Substance for Unlawful Manufacture (felony)

481.137

5-Year Bar; Risk Evaluation between 5-10 years

N/A

Unlawful Transfer or Receipt of Chemical Laboratory Apparatus (felony)

481.138

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years8

Transfer of Chemical Laboratory Apparatus for Unlawful Manufacture (felony)

481.139

5-Year Bar; Risk Evaluation between 5-10 years

N/A

Unlawful Delivery or Manufacture with Intent to Deliver; Criminal Penalty (felony)

482.002

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years8

Possession of Dangerous Drug (misdemeanor)

483.041

N/A

5-Year Bar; Risk Evaluation between 5-10 years

Delivery or Offer of Delivery of Dangerous Drug (felony)

483.042

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years8

Manufacture of Dangerous Drug (felony)

483.043

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years8

Forging or Altering Prescription (misdemeanor)

483.045

N/A

5-Year Bar; Risk Evaluation between 5-10 years

Possession and Use (misdemeanor)

485.031

N/A

5-Year Bar; Risk Evaluation between 5-10 years

Delivery to a Minor (felony or misdemeanor)

485.032

5-Year Bar; Risk Evaluation between 5-10 years

5-Year Bar; Risk Evaluation between 5-10 years

Inhalant Paraphernalia (misdemeanor)

485.033

N/A

5-Year Bar; Risk Evaluation between 5-10 years

Hampering, Obstructing, Tampering with or Destroying Electronic Monitoring Device, Tape or Recording from Resident's Room at State Supported Living Center (misdemeanor)

555.162

N/A

Risk Evaluation

Texas Human Resources Code

Chapter 40 Department of Family and Protective Services

Chapter 42 Regulation of Certain Facilities, Homes and Agencies that Provide Childcare Services

Chapter 43 Regulation of Childcare and Child Placing Agency Administrators

Chapter 48 Investigations and Protective Services For Elderly and Disabled Persons

Offense

Texas Human Resources Code

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Confidentiality of Information (misdemeanor)

40.005

N/A

Risk Evaluation

False Report: Criminal Penalty (felony or misdemeanor)

42.0447

Risk Evaluation

Risk Evaluation

Required Background and Criminal History Checks: Criminal Penalties (misdemeanor)

42.056

N/A

Risk Evaluation

Administering Medication (misdemeanor)

42.065

N/A

Risk Evaluation

Criminal Penalties (misdemeanor)

42.076

N/A

Risk Evaluation

Criminal Penalty for Operating Daycare Center without Qualified Director (misdemeanor)

42.0761

N/A

Risk Evaluation

Penalty (misdemeanor)

43.012

N/A

Risk Evaluation

Failure to Report; Penalty (felony or misdemeanor)

48.052

Absolute Bar

Risk Evaluation

False Report; Penalty (misdemeanor)

48.053

N/A

Risk Evaluation

Texas Alcoholic Beverage Code Chapter 106 Provisions Related to Age

Offense

Texas Alcoholic Beverage Code

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor (misdemeanor)

106.06

N/A

Risk Evaluation if conviction was in the last 10 years

Inducing a Minor to Dance with Another in Exchange for a Benefit by Alcoholic Beverage Permittee (misdemeanor)5

106.15

N/A

Risk Evaluation if conviction was in the last 5 years

Texas Business and Commerce Code Chapter 110 Computer Technicians Required to Report Child Pornography

Offense

Texas Business and Commerce Code

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Failure to Report Child Pornography by Computer Technician (misdemeanor)

110.003

N/A

Risk Evaluation

Texas Code of Criminal Procedure Chapter 62 Sex Offender Registration Program

Offense

Texas Code of Criminal Procedure

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Failure to Comply with Sex Offender Registration Requirements (felony)

62.102

Risk Evaluation

Risk Evaluation8

Texas Transportation Code

Offense

Texas Transportation Code

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Fictitious or Counterfeit Inspection Certificate or Insurance Document (Class B misdemeanor, or 3rd degree felony if intent to defraud or harm another)

548.603

Risk Evaluation

Risk Evaluation if conviction was in the last 10 years

Texas Civil Practice and Remedies Code Chapter 81 Sexual Exploitation by Mental Health Services Provider

Offense

Texas Civil Practice and Remedies Code

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Failure to Report Possible Sexual Exploitation of Mental Health Patient (misdemeanor)

81.006

N/A

Risk Evaluation if conviction was in the last 10 years

Any other Title under the Texas Penal Code or any other Texas Code not specifically mentioned above

Offense

Texas Penal Code or any other Texas Codes

FELONY

(Includes All Levels Unless Otherwise Specified)

MISDEMEANOR

(Includes All Levels Unless Otherwise Specified)

Any like offense of the law of another state or federal law

Varies

Varies

Varies

Any other felony under the Texas Penal Code or any other Texas Code, or any like offense of the law of another state or federal law

Varies

Risk Evaluation if conviction was in the last 10 years

N/A

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