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

BC June 2018

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.

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

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

19.02

Absolute Bar

N/A

Capital Murder

19.03

Absolute Bar

N/A

Manslaughter

19.04

Absolute Bar

N/A

Criminally Negligent Homicide

19.05

Absolute Bar

Absolute Bar8

Unlawful Restraint

20.02

Absolute Bar

Risk Evaluation

Kidnapping

20.03

Absolute Bar

N/A

Aggravated Kidnapping

20.04

Absolute Bar

N/A

Smuggling of Persons or Unlawful Transport 5

20.05

Absolute Bar

N/A

Continuous Smuggling of Persons

20.06

Absolute Bar

N/A

Trafficking of Persons

20A.02

Absolute Bar

N/A

Continuous Trafficking of Persons

20A.03

Absolute Bar

N/A

Continuous Sexual Abuse of Young Child or Children

21.02

Absolute Bar

N/A

Public Lewdness

21.07

N/A

Risk Evaluation

Indecent Exposure

21.08

N/A

5-Year Bar; Risk Evaluation Thereafter

Bestiality 21.09 Absolute Bar Absolute Bar

Indecency with a Child

21.11

Absolute Bar

N/A

Improper Relationship Between Educator & Student

21.12

Absolute Bar

N/A

Invasive Visual Recording 5

21.15

Absolute Bar

Absolute Bar8

Unlawful Disclosure or Promotion of Intimate Visual Material

21.166

N/A

Risk Evaluation

Voyeurism

21.166

Absolute Bar

Risk Evaluation

Assault

22.01

Absolute Bar

Class A: 5-Year Bar; Risk Evaluation Thereafter

Class B or C: Risk Evaluation

Sexual Assault

22.011

Absolute Bar

N/A

Aggravated Assault

22.02

Absolute Bar

N/A

Aggravated Sexual Assault

22.021

Absolute Bar

N/A

Injury to a Child, Elderly Individual, or Disabled Individual

22.04

Absolute Bar

Absolute Bar 8

Abandoning or Endangering a Child

22.041

Absolute Bar

Absolute Bar 8

Deadly Conduct

22.05

Absolute Bar

Absolute Bar

Terroristic Threat

22.07

Absolute Bar

5-Year Bar; Risk Evaluation Thereafter

Aiding Suicide

22.08

Absolute Bar

Absolute Bar

Tampering with a Consumer Product

22.09

Absolute Bar

N/A

Leaving a Child in a Vehicle

22.10

N/A

Risk Evaluation

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

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

25.01

Risk Evaluation

N/A

Prohibited Sexual Conduct

25.02

Absolute Bar

N/A

Interference with Child Custody

25.03

Absolute Bar

Risk Evaluation 8

Agreement to Abduct from Custody

25.031

Absolute Bar

Absolute Bar 8

Enticing a Child

25.04

Absolute Bar

Absolute Bar

Criminal Nonsupport

25.05

Risk Evaluation

Risk Evaluation if conviction was in the last 10 years8

Harboring Runaway Child

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, Child Abuse or Neglect, Sexual Assault or Abuse, Stalking, Trafficking Case 5

25.07

Absolute Bar

Risk Evaluation

Violation of Protective Order Preventing Offense Caused by Bias or Prejudice

25.071

Risk Evaluation

Risk Evaluation

Repeated Violation of Court Order or Condition of Bond in Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Stalking or Trafficking case

25.072

Absolute Bar

Risk Evaluation

Sale or Purchase of Child

25.08

Absolute Bar

N/A

Unregulated Custody Transfer of Adopted Child 25.081 Absolute Bar N/A

Advertising for Placement of Child

25.09

Risk Evaluation

Risk Evaluation

Interference with Rights of a Guardian of the Person

25.10

Risk Evaluation

Risk Evaluation 8

Continuous Violence Against the Family

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

28.02

Absolute Bar

Absolute Bar8

Criminal Mischief

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

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

29.02

Absolute Bar

N/A

Aggravated Robbery

29.03

Absolute Bar

N/A

Burglary

30.02

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation

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

30.04

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation (Class A misdemeanor only)

Criminal Trespass

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

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

32.21

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Credit Card or Debit Card Abuse

32.31

5-Year Bar; Risk Evaluation Thereafter

N/A

False Statement to Obtain Property or Credit in the Provision of Certain Services

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

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

32.45

5-Year Bar; Risk Evaluation Thereafter 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

32.46

5-Year Bar; Risk Evaluation Thereafter 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

32.47

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Fraudulent Use or Possession of Identifying Information

32.51

5-Year Bar; Risk Evaluation Thereafter

N/A

Exploitation of Child, Elderly Individual, or Disabled Individual

32.53

Absolute Bar

N/A

Breach of Computer Security

33.02

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Online Solicitation of a Minor

33.021

Absolute Bar

N/A

Electronic Data Tampering (Ransomware) 33.023 5-Year Bar; Risk Evaluation Thereafter No Action Required
Unlawful Decryption 33.024 5-Year Bar; Risk Evaluation Thereafter No Action Required

Unauthorized Use of Telecommunications Service

33A.02

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Manufacture, Possession, or Delivery of Unlawful Telecommunications Device

33A.03

5-Year Bar; Risk Evaluation Thereafter

N/A

Theft of Telecommunications Service

33A.04

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Publication of Telecommunications Access Device

33A.05

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Money Laundering

34.02

Absolute Bar

N/A

Insurance Fraud

35.02

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Medicaid Fraud

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

36.02

5-Year Bar; Risk Evaluation Thereafter

N/A

Coercion of Public Servant or Voter

36.03

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation

Improper Influence

36.04

N/A

Risk Evaluation

Tampering with Witness

36.05

5-Year Bar; Risk Evaluation Thereafter

N/A

Obstruction or Retaliation

36.06

Absolute Bar

N/A

Acceptance of Honorarium

36.07

N/A

Risk Evaluation

Gift to Public Servant by Person Subject to His Jurisdiction

36.08

N/A

Risk Evaluation

Offering Gift to Public Servant

36.09

N/A

Risk Evaluation

Perjury

37.02

N/A

Risk Evaluation if conviction was in the last 10 years

Aggravated Perjury

37.03

5-Year Bar; Risk Evaluation Thereafter

N/A

Tampering with or Fabricating Physical Evidence

37.09

Absolute Bar

5-Year Bar; Risk Evaluation Thereafter

Tampering with Governmental Record

37.10

Absolute Bar

5-Year Bar; Risk Evaluation Thereafter

Fraudulent Filing of Financing Statement

37.101

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Impersonating a Public Servant

37.11

Absolute Bar

N/A

False identification as peace officer; misrepresentation of property

37.12

N/A

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

Record of a Fraudulent Court

37.13

Absolute Bar

5-Year Bar; Risk Evaluation Thereafter

False Statement Regarding Child Custody Determination Made in Foreign Country

37.14

Risk Evaluation

N/A

Failure to Identify

38.02

N/A

Risk Evaluation if conviction was in the last 10 years

Resisting Arrest, Search, or Transportation

38.03

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation if conviction was in the last 10 years

Evading Arrest or Detention

38.04

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation if conviction was in the last 10 years

Hindering Apprehension or Prosecution

38.05

5-Year Bar; Risk Evaluation Thereafter

Risk Evaluation if conviction was in the last 10 years

Escape

38.06

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Permitting or Facilitating Escape

38.07

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Implements for Escape

38.09

5-Year Bar; Risk Evaluation Thereafter

N/A

Prohibited Substances and Items in Correctional or Civil Commitment Facility

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

38.112

N/A

Risk Evaluation

Barratry and Solicitation of Professional Employment

38.12

5-Year Bar; Risk Evaluation Thereafter

5-Year Bar; Risk Evaluation Thereafter

Falsely Holding Oneself Out as a Lawyer

38.122

5-Year Bar; Risk Evaluation Thereafter

N/A

Unauthorized Practice of Law

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

38.14

Absolute Bar

Absolute Bar8

Interference with public Duties

38.15

N/A

Risk Evaluation if conviction was in the last 10 years

Interference with Police Service Animals

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

38.17

N/A

Absolute Bar

Failure to Report Felony 

38.171

N/A

Risk Evaluation if conviction was in the last 10 years

Abuse of Official Capacity

39.02

Absolute Bar

5-Year Bar; Risk Evaluation Thereafter

Official Oppression

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

39.04

Absolute Bar

Risk Evaluation

Misuse of Official Information

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

42.01(7) or 42.01(8)

N/A

5-Year Bar; Risk Evaluation Thereafter

Interference with Emergency Request for Assistance 42.062 5-year bar with Risk Evaluation thereafter Risk Evaluation8

Harassment

42.07

N/A

For Class A: 10-Year Bar; Risk Evaluation Thereafter


Class B & C: Risk Evaluation

Stalking

42.072

Absolute Bar

N/A

Abuse of Corpse

42.08

Risk Evaluation

Risk Evaluation

Cruelty to Livestock Animals

42.09

Absolute Bar

Risk Evaluation

Attack on Assistance Animal

42.091

Absolute Bar

Risk Evaluation

Cruelty to Nonlivestock Animals

42.092

Absolute Bar

Risk Evaluation

Dog Fighting

42.10

Absolute Bar

Risk Evaluation

Cockfighting

42.105

Absolute Bar

Risk Evaluation

Prostitution

43.02

Absolute Bar

Risk Evaluation

Promotion of Prostitution

43.03

Absolute Bar

Absolute Bar

Aggravated Promotion of Prostitution

43.04

Absolute Bar

N/A

Compelling Prostitution

43.05

Absolute Bar

N/A

Obscene Display or Distribution

43.22

N/A

Risk Evaluation

Obscenity

43.23

Absolute Bar

Risk Evaluation

Sale, Distribution, or Display of Harmful Material to Minor

43.24

Absolute Bar

Risk Evaluation

Sexual Performance by a Child

43.25

Absolute Bar

N/A

Employment Harmful to Children

43.251

Absolute Bar

N/A

Possession or Promotion of Child Pornography

43.26

Absolute Bar

N/A

Electronic Transmission of Certain Visual Material Depicting Minor

43.261

N/A

For Class A or B: Risk Evaluation

 

For Class C: No action needed

Possession or Promotion of Lewd Visual Material Depicting Child 43.262 10-year bar with Risk Evaluation thereafter Risk Evaluation8
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)

Prohibited Weapons 46.05 Risk Evaluation

Risk Evaluation

Hoax Bombs 46.08 N/A Risk Evaluation

Making a Firearm Accessible to a Child

46.13

N/A

Risk Evaluation if conviction was in the last 10 years

Firearm Smuggling

46.14

Risk Evaluation

N/A

Prohibition of the Purchase and Sale of Human Organs

48.02

N/A

Risk Evaluation

Prohibition on Purchase and Sale of Human Fetal Tissue 48.03 Risk Evaluation

Risk Evaluation

Public Intoxication

49.02

N/A

Risk Evaluation if conviction was in the last 5 years

Possession of Alcoholic Beverage in Motor Vehicle

49.031

N/A

Risk Evaluation if conviction was in the last 10 years

Driving While Intoxicated

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 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 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 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 7

49.065

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

Risk Evaluation if conviction was in the last 10 years

Intoxication Assault 7

49.07

5-Year Bar; Risk Evaluation thereafter

N/A

Intoxication Manslaughter 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

71.02

Absolute Bar

Risk Evaluation

Violation of Court Order Enjoining Organized Criminal Activity

71.021

N/A

Risk Evaluation

Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang

71.022

5-Year Bar; Risk Evaluation Thereafter

N/A

Directing Activities of Certain Criminal Street Gangs

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)

Hazing5

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

107.05145

N/A

Risk Evaluation

Modification of order on conviction for Child Abuse

156.104

N/A

Risk Evaluation

Modification of order on conviction for Family Violence

156.1045

N/A

Risk Evaluation

Placement by Unauthorized Person

162.025

N/A

Risk Evaluation

General Penalty: Violating the Interstate Compact on the Placement of children

162.107

N/A

Risk Evaluation

Prohibited Acts: Criminal Penalties

162.421

Risk Evaluation

Risk Evaluation

Making a False Report of Abuse or Neglect

261.107

Absolute Bar

Absolute Bar8

Failure to Report; Penalty

261.109

Risk Evaluation

Risk Evaluation

Conduct of Investigation

261.302

N/A

Risk Evaluation

Interference with Investigation; Criminal Penalty

261.3032

N/A

Risk Evaluation

Removal of Alleged Perpetrator; Offense

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

81.212

N/A

Risk Evaluation

Reports of Abuse and Neglect or of Illegal, Unprofessional or Unethical Conduct

161.132

N/A

Risk Evaluation

Failure to Report: Criminal Penalty

260A.012

N/A

Risk Evaluation

Bad Faith, Malicious or Reckless Reporting: Criminal Penalty

260A.013

N/A

Risk Evaluation

Criminal Penalty

464.016

N/A

Risk Evaluation

Manufacture or Delivery of Controlled Substances

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

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

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

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

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

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

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

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

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

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

481.119

N/A

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

Delivery of Marijuana

481.120

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

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

Possession of Marijuana

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

481.122

5-Year Bar; Risk Evaluation thereafter

N/A

Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance

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

481.1245

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

N/A

Possession or Delivery of Drug Paraphernalia

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

481.126

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

N/A

Unauthorized Disclosure of Information

481.127

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

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

Commercial Matters

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

481.1285

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

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

Fraud

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

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

481.133

N/A

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

Unlawful Transfer or Receipt of Chemical Precursor

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

481.137

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

N/A

Unlawful Transfer or Receipt of Chemical Laboratory Apparatus

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

481.139

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

N/A

Unlawful Delivery or Manufacture with Intent to Deliver; Criminal Penalty

482.002

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

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

Possession of Dangerous Drug

483.041

N/A

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

Delivery or Offer of Delivery of Dangerous Drug

483.042

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

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

Manufacture of Dangerous Drug

483.043

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

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

Forging or Altering Prescription

483.045

N/A

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

Possession and Use

485.031

N/A

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

Delivery to a Minor

485.032

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

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

Inhalant Paraphernalia

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

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

40.005

N/A

Risk Evaluation

False Report: Criminal Penalty

42.0447

Risk Evaluation

Risk Evaluation

Required Background and Criminal History Checks: Criminal Penalties

42.056

N/A

Risk Evaluation

Administering Medication

42.065

N/A

Risk Evaluation

Criminal Penalties

42.076

N/A

Risk Evaluation

Criminal Penalty for Operating Daycare Center without Qualified Director

42.0761

N/A

Risk Evaluation

Penalty

43.012

N/A

Risk Evaluation

Failure to Report; Penalty

48.052

Absolute Bar

Risk Evaluation

False Report; Penalty

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

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 Permittee5

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

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

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

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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