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Appendix 3000-1: Criminal History Chart for DFPS Employees, Volunteers, Interns, Prospective Employees, and Non-DFPS Staff

Background Checks July 2020

The following links allow the reader to move directly to certain sections of this appendix. For the exact text of the laws, see the Texas Constitution and Statutes website.

About the Charts

Texas Penal Code, Title 4, Inchoate Offenses

Texas Penal Code, Title 5, Offenses Against the Person

Texas Penal Code, Title 6, 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, Offenses Against Public Order and Decency

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 Offense Not Specifically Mentioned Above

About the Charts

As used in this appendix, a criminal conviction is the outcome of a criminal prosecution that results in a judgment that the defendant is guilty of the crime.

In this appendix, criminal convictions include the following:

Criminal convictions do 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 adjudications, when successfully completed.

In this appendix, the term absolute bar means that a person convicted of a particular offense is permanently prohibited from doing any of the following:

  • Being employed by DFPS.
  • Volunteering or interning with DFPS.
  • Accessing DFPS facilities, clients, or resources as a DFPS employee, volunteer, or intern.

Staff with direct access are those staff members who are reasonably likely to do any of the following as part of their employment:

  • Make intentional physical contact with a DFPS client.
  • Communicate directly with a DFPS client in any manner.
  • Obtain physical access to the home or living quarters of a DFPS client.
  • Obtain or access any confidential or sensitive data or information about a DFPS client.

The actions that Background Checks takes appear in the last two columns, under Felony and Misdemeanor. All time limits are calculated from the date of conviction.

The abbreviation N/A (not applicable) appears if a particular criminal offense cannot be a felony or cannot be a misdemeanor.

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

Absolute Bar

Unlawful Installation of Tracking Device

16.06

N/A

Staff with Direct Access: Absolute Bar

Staff with No Direct Access: Risk Assessment

*Note: Inchoate offenses are offenses related to the beginnings of potential criminal acts.

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)

Criminal Homicide

19

Absolute Bar

N/A

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

N/A

Unlawful Restraint

20.02

Absolute Bar

Risk Assessment

Kidnapping

20.03

Absolute Bar

N/A

Aggravated Kidnapping

20.04

Absolute Bar

N/A

Smuggling of Persons

20.05

Absolute Bar

N/A

Continuous Smuggling of Persons

20.06

Absolute Bar

N/A

Operation of Stash House

20.07

N/A

Absolute Bar

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 Assessment

Indecent Exposure

21.08

N/A

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

Bestiality

21.09

Absolute Bar

N/A

Indecency with a Child

21.11

Absolute Bar

N/A

Improper Relationship Between Educator and Student

21.12

Staff with Direct Access: Absolute Bar

Staff with No Direct Access: Risk Assessment

N/A

Invasive Visual Recording

21.15

Staff with Direct Access: Absolute Bar

Staff with No Direct Access: Risk Assessment

N/A

Unlawful Disclosure or Promotion of Intimate Visual Material

21.16

Staff with Direct Access: Absolute Bar

Staff with No Direct Access: Risk Assessment

N/A

Voyeurism

21.17

Absolute Bar

Absolute Bar

Sexual Coercion

21.18

Absolute Bar

N/A

Unlawful Electronic Transmission of Sexually Explicit Visual Material

21.19

N/A

Risk Assessment

Assault

22.01

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

Staff with Direct Access:

  • Class A: 5-Year Bar; Risk Assessment Thereafter
  • Class B or C: Risk Assessment

Staff with No Direct Access: Risk Assessment

Sexual Assault

22.011

Absolute Bar

N/A

Indecent Assault

22.012

N/A

10-Year Bar; Risk Assessment Thereafter

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

N/A

Abandoning or Endangering a Child

22.041

Absolute Bar

N/A

Deadly Conduct

22.05

Absolute Bar

Absolute Bar

Terroristic Threat

22.07

Absolute Bar

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

Aiding Suicide

22.08

N/A

Staff with Direct Access: Absolute Bar

Staff with No Direct Access: Risk Assessment

Tampering with a Consumer Product

22.09

Absolute Bar

N/A

Leaving a Child in a Vehicle

22.10

N/A

Risk Assessment

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

22.11

Absolute Bar

N/A

Texas Penal Code, Title 6, 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 Assessment

N/A

Prohibited Sexual Conduct

25.02

Absolute Bar

N/A

Interference with Child Custody

25.03

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

N/A

Agreement to Abduct from Custody

25.031

Staff with Direct Access: Absolute Bar

Staff with No Direct Access: Risk Assessment

N/A

Enticing a Child

25.04

Absolute Bar

Risk Assessment

Criminal Nonsupport

25.05

Risk Assessment

N/A

Harboring Runaway Child

25.06

N/A

Risk Assessment

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, or Trafficking Case

25.07

Absolute Bar

Risk Assessment

Violation of Protective Order Preventing Offense Caused by Bias or Prejudice

25.071

Risk Assessment

Risk Assessment

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

N/A

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

Staff with Direct Access: Risk Assessment

Staff with No Direct Access: Risk Assessment

Staff with Direct Access: Risk Assessment

Staff with No Direct Access: Risk Assessment

Interference with Rights of a Guardian of the Person

25.10

Staff with Direct Access: Risk Assessment

Staff with No Direct Access: No action required

N/A

Continuous Violence Against the Family

25.11

Absolute Bar

N/A

Texas Penal Code, Title 7, Offenses Against Property

Offense

Texas Penal Code

Felony

(Includes All Levels Unless Otherwise Specified)

Misdemeanor

(Includes All Levels Unless Otherwise Specified)

Arson

28.02

Absolute Bar

N/A

Criminal Mischief

28.03

Risk Assessment

Risk Assessment

Graffiti

28.08

Risk Assessment

Risk Assessment

Robbery

29.02

Absolute Bar

N/A

Aggravated Robbery

29.03

Absolute Bar

N/A

Burglary

30.02

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

N/A

Burglary of Vehicle (state jail felony if the person has two or more convictions or if the vehicle is a rail car)

30.04

5-Year Bar; Risk Assessment Thereafter

Risk Assessment (Class A conviction only)

Criminal Trespass

30.05

N/A

Risk Assessment

Theft

31.03

5-Year Bar; Risk Assessment Thereafter

Risk Assessment if conviction was in the last 10 years

Theft of Service

31.04

Risk Assessment

Risk Assessment

Theft of Trade Secrets

31.05

5-Year Bar; Risk Assessment Thereafter

N/A

Unauthorized Use of a Vehicle

31.07

Risk Assessment

N/A

Tampering with Identification Numbers

31.11

N/A

Risk Assessment

Theft of or Tampering with Multichannel Video or Information Services

31.12

N/A

Risk Assessment

Manufacture, Distribution, or Advertisement of Multichannel Video or Information Services Device

31.13

N/A

Risk Assessment

Sale or Lease of Multichannel Video or Information Services Device

31.14

N/A

Risk Assessment

Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft

31.15

N/A

Risk Assessment

Organized Retail Theft

31.16

5-Year Bar; Risk Assessment Thereafter

Risk Assessment

Unauthorized Acquisition or Transfer of Certain Financial Information

31.17

N/A

Risk Assessment

Cargo Theft

31.18

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

N/A

Mail Theft

31.20

5-Year Bar; Risk Assessment Thereafter

Risk Assessment if conviction was in the last 10 years

Forgery

32.21

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

Credit Card or Debit Card Abuse

32.31

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

Fraudulent Use or Possession of Credit Card or Debit Card Information

32.315

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

N/A

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

32.32

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

Staff with Direct Access: Risk Assessment required for either:

  • A single Class A or B conviction in the last 10 years.
  • Two or more convictions that occurred at any time, regardless of whether they are Class A, B, C, or any combination.

No action required for a single Class C conviction.

Staff with No Direct Access: No action required

Hindering Secured Creditors

32.33

Risk Assessment if conviction was in the last 5 years

Risk Assessment if conviction was in the last 5 years

Misapplication of Fiduciary Property

32.45

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: No action required

Securing Execution of Fiduciary Property

32.46

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: No action required

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: No action required

Fraudulent Destruction, Removal, or Concealment of Writing

32.47

5-Year Bar; Risk Assessment Thereafter

5-Year Bar; Risk Assessment Thereafter

Fraudulent Use or Possession of Identifying Information

32.51

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

N/A

Exploitation of Child, Elderly Individual, or Disabled Individual

32.53

Absolute Bar

N/A

Breach of Computer Security

33.02

Risk Assessment

Risk Assessment

Online Solicitation of a Minor

33.021

Absolute Bar

N/A

Electronic Data Tampering (Ransomware)

33.023

Risk Assessment

Risk Assessment

Unlawful Decryption

33.024

Risk Assessment

Risk Assessment

Money Laundering

34.02

Staff with Direct Access: Absolute Bar

Staff with No Direct Access: Risk Assessment

N/A

Insurance Fraud

35.02

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

Health Care Fraud

35A.02

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

Risk Assessment

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 Assessment Thereafter

N/A

Coercion of Public Servant or Voter

36.03

5-Year Bar; Risk Assessment Thereafter

Risk Assessment

Improper Influence

36.04

Risk Assessment

Risk Assessment

Tampering with Witness

36.05

5-Year Bar; Risk Assessment Thereafter

N/A

Obstruction or Retaliation

36.06

Absolute Bar

N/A

Acceptance of Honorarium

36.07

N/A

Risk Assessment if conviction was in the last 5 years

Gift to Public Servant by Person Subject to His or Her Jurisdiction

36.08

N/A

Risk Assessment if conviction was in the last 5 years

Offering Gift to Public Servant

36.09

N/A

Risk Assessment if conviction was in the last 5 years

Perjury

37.02

N/A

5-Year Bar; Risk Assessment Thereafter

Aggravated Perjury

37.03

10-Year Bar; Risk Assessment Thereafter

N/A

False Report to Peace Officer or Law Enforcement Officer

37.08

N/A

Risk Assessment

False Report Regarding Missing Child or Missing Person

37.081

N/A

Risk Assessment

Misrepresenting Child as Family Member at Port of Entry

37.082

N/A

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

Tampering with or Fabricating Physical Evidence

37.09

10-Year Bar; Risk Assessment Thereafter

N/A

Tampering with Governmental Record

37.10

5-Year Bar; Risk Assessment Thereafter

5-Year Bar; Risk Assessment Thereafter

Fraudulent Filing of Financing Statement

37.101

5-Year Bar; Risk Assessment Thereafter

5-Year Bar; Risk Assessment Thereafter

Impersonating a Public Servant

37.11

Absolute Bar

N/A

False Identification as Peace Officer; Misrepresentation of Property

37.12

N/A

Staff with Direct Access: 10-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: 5-Year Bar; Risk Assessment Thereafter

Record of a Fraudulent Court

37.13

Staff with Direct Access: 10-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: 10-Year Bar; Risk Assessment Thereafter

Risk Assessment

False Statement Regarding Child Custody Determination Made in Foreign Country

37.14

5-Year Bar; Risk Assessment Thereafter

N/A

Failure to Identify

38.02

N/A

Class A: Risk Assessment if conviction was in the last 5 years

Class B or C: No action required

Resisting Arrest, Search, or Transportation

38.03

Absolute Bar

Risk Assessment

Evading Arrest or Detention

38.04

Absolute Bar

Risk Assessment

Hindering Apprehension or Prosecution

38.05

Staff with Direct Access: Risk Assessment if conviction was in the last 10 years

Staff with No Direct Access: Risk Assessment

Staff with Direct Access: Risk Assessment if conviction was in the last 10 years

Staff with No Direct Access: Risk Assessment

Escape

38.06

10-Year Bar; Risk Assessment Thereafter

10-Year Bar; Risk Assessment Thereafter

Permitting or Facilitating Escape

38.07

10-Year Bar; Risk Assessment Thereafter

5-Year Bar; Risk Assessment Thereafter

Possessing Implements for Escape

38.09

Staff with Direct Access 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

N/A

Bail Jumping and Failure to Appear

38.10

5-Year Bar; Risk Assessment Thereafter

Risk Assessment if conviction was in the last 10 years

Prohibited Substances and Items in Correctional or Civil Commitment Facility

38.11

10-Year Bar; Risk Assessment Thereafter

N/A

Improper Contact with Victim

38.111

Staff with Direct Access: 10-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

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

38.112

N/A

10-Year Bar; Risk Assessment Thereafter

Unauthorized Absence from Community Corrections Facility, County Correctional Center, or Assignment Site

38.113

5-Year Bar; Risk Assessment Thereafter

N/A

Barratry and Solicitation of Professional Employment

38.12

5-Year Bar; Risk Assessment Thereafter

N/A

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

Risk Assessment

Risk Assessment

Interference with Public Duties

38.15

N/A

Risk Assessment if conviction was in the last 10 years

Interference with Police Service Animals

38.151

5-Year Bar; Risk Assessment Thereafter

Risk Assessment if conviction was in the last 10 years

Interference with Radio Frequency Licensed to Government Entity

38.152

5-Year Bar; Risk Assessment Thereafter

5-Year Bar; Risk Assessment Thereafter

Failure to Stop or Report Aggravated Sexual Assault of Child

38.17

N/A

Absolute Bar

Failure to Report Felony

38.171

N/A

5-Year Bar; Risk Assessment Thereafter

Abuse of Official Capacity

39.02

Absolute Bar

5-Year Bar; Risk Assessment Thereafter

Official Oppression

39.03

Absolute Bar

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody

39.04

Absolute Bar

Risk Assessment

Misuse of Official Information

39.06

Absolute Bar

Risk Assessment

Texas Penal Code, Title 9, Offenses Against Public Order and Decency

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 Assessment Thereafter

Interference with Emergency Request for Assistance

42.062

5-Year Bar; Risk Assessment Thereafter

Risk Assessment

Harassment

42.07

N/A

Class A: 10-Year Bar; Risk Assessment Thereafter

Class B or C: Risk Assessment

Stalking

42.072

Staff with Direct Access: Absolute Bar

Staff with No Direct Access: 10-Year Bar; Risk Assessment Thereafter

N/A

Disclosure of Confidential Information Regarding Family Violence or Victims of Trafficking Shelter Center

42.075

N/A

Absolute Bar

Abuse of Corpse

42.08

5-Year Bar; Risk Assessment Thereafter

Risk Assessment

Cruelty to Livestock Animals

42.09

Risk Assessment

Risk Assessment

Attack on Assistance Animal

42.091

Absolute Bar

5-Year Bar; Risk Assessment Thereafter

Cruelty to Non-livestock Animals

42.092

Absolute Bar

Risk Assessment

Dog Fighting

42.10

Absolute Bar

5-Year Bar; Risk Assessment Thereafter

Cockfighting

42.105

Absolute Bar

5-Year Bar; Risk Assessment Thereafter

Prostitution

43.02

Risk Assessment

Risk Assessment

Promotion of Prostitution

43.03

Absolute Bar

N/A

Online Promotion of Prostitution

43.031

Absolute Bar

N/A

Aggravated Promotion of Prostitution

43.04

Absolute Bar

N/A

Aggravated Online Promotion of Prostitution

43.041

Absolute Bar

N/A

Compelling Prostitution

43.05

Absolute Bar

N/A

Obscene Display or Distribution

43.22

N/A

Risk Assessment

Obscenity

43.23

Risk Assessment

Risk Assessment

Sale, Distribution, or Display of Harmful Material to Minor

43.24

Absolute Bar

Staff with Direct Access: Absolute Bar

Staff with No Direct Access: Risk Assessment

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

Absolute Bar

Possession or Promotion of Lewd Visual Material Depicting Child

43.262

10-Year Bar; Risk Assessment Thereafter

N/A

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)

Unlawfully Carrying a Weapon

46.02

Risk Assessment if conviction was in the last 5 years

Risk Assessment if conviction was in the last 5 years

Unlawful Possession of Firearm

46.04

Risk Assessment if conviction was in the last 5 years

Risk Assessment if conviction was in the last 5 years

Possession of Prohibited Weapons

46.05

Risk Assessment

Risk Assessment

Hoax Bombs

46.08

N/A

Risk Assessment

Making a Firearm Accessible to a Child

46.13

N/A

5-Year Bar; Risk Assessment Thereafter

Firearm Smuggling

46.14

5-Year Bar; Risk Assessment Thereafter

N/A

Purchase or Sale of Human Organs

48.02

N/A

5-Year Bar; Risk Assessment Thereafter

Purchase or Sale of Human Fetal Tissue

48.03

Risk Assessment

N/A

Public Intoxication

49.02

N/A

Risk Assessment

Possession of Alcoholic Beverage in Motor Vehicle

49.031

N/A

Risk Assessment

Driving While Intoxicated

49.04

N/A (but see 49.09)

Risk Assessment if conviction was in the last five years

Driving While Intoxicated with Child Passenger

49.045

10-Year Bar; Risk Assessment Thereafter

N/A

Flying While Intoxicated

49.05

N/A

Risk Assessment

Boating While Intoxicated

49.06

N/A

Risk Assessment

Assembling or Operating an Amusement Ride While Intoxicated

49.065

N/A

Risk Assessment

Intoxication Assault

49.07

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

N/A

Intoxication Manslaughter

49.08

Absolute Bar

N/A

Enhanced Offenses and Penalties (49.04 – 49.08)

49.09

Staff with Transportation Responsibilities: 10-Year Bar; Risk Assessment Thereafter

All Other Staff: 5-Year Bar; Risk Assessment Thereafter

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

5-Year Bar; Risk Assessment Thereafter

5-Year Bar; Risk Assessment Thereafter

Violation of Court Order Enjoining Organized Criminal Activity

71.021

N/A

5-Year Bar; Risk Assessment Thereafter

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

71.022

5-Year Bar; Risk Assessment Thereafter

5-Year Bar; Risk Assessment Thereafter

Directing Activities of Certain Criminal Street Gangs

71.023

Risk Assessment

N/A

Texas Education Code
Chapter 37 Discipline; Law and Order

Offense

Texas Education Code

Felony

(Includes All Levels Unless Otherwise Specified)

Misdemeanor

(Includes All Levels Unless Otherwise Specified)

Hazing

37.152

Risk Assessment

Risk Assessment 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 Assessment

Modification of Order on Conviction for Child Abuse

156.104

N/A

Risk Assessment

Modification of Order on Conviction for Family Violence

156.1045

N/A

Risk Assessment

Placement by Unauthorized Person

162.025

N/A

Risk Assessment

Violating the Interstate Compact on the Placement of Children

162.107

N/A

Risk Assessment

Prohibited Acts: Criminal Penalties

162.421

Risk Assessment

Risk Assessment

Making a False Report of Abuse or Neglect

261.107

Absolute Bar

Absolute Bar

Failure to Report

261.109

Risk Assessment

Risk Assessment

Interference with Investigation

261.3032

N/A

Risk Assessment

Removal of Alleged Perpetrator

262.1015

Absolute Bar

Risk Assessment

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 Assessment

Abuse or Neglect or Illegal, Unprofessional, or Unethical Conduct

161.132

N/A

Risk Assessment

Failure to Report

260A.012

N/A

Risk Assessment

Bad Faith, Malicious, or Reckless Reporting

260A.013

N/A

Risk Assessment

Criminal Penalty

464.016

N/A

Risk Assessment

Manufacture or Delivery of Controlled Substance

481.112

Risk Assessment

Risk Assessment if conviction was in the last 10 years

Manufacture or Delivery of Substance in Penalty Group 1-A

481.1121

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

N/A

Manufacture of Substance in Penalty Group 1: Presence of Child

481.1122

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

N/A

Manufacture or Delivery of Substance in Penalty Group 2 or 2-A

481.113

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

N/A

Manufacture or Delivery of Substance in Penalty Group 3 or 4

481.114

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

N/A

Possession of Substance in Penalty Group 1

481.115

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

N/A

Possession of Substance in Penalty Group 1-A

481.1151

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

N/A

Possession of Substance in Penalty Group 2

481.116

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

N/A

Possession of Substance in Penalty Group 2-A

481.1161

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

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

Possession of Substance in Penalty Group 3

481.117

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

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

Possession of Substance in Penalty Group 4

481.118

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

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

Manufacture, Delivery, or Possession of Miscellaneous Substances

481.119

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

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

Delivery of Marijuana

481.120

Risk Assessment

Risk Assessment

Possession of Marijuana

481.121

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

Risk Assessment if conviction was in the last 5 years

Delivery of Controlled Substance or Marijuana to Child

481.122

Staff with Direct Access: 5-Year Bar; Risk Assessment Thereafter

Staff with No Direct Access: Risk Assessment

N/A

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

481.124

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

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

Possession or Delivery of Drug Paraphernalia

481.125

Risk Assessment if conviction was in the last 5 years

Risk Assessment of conviction was in the last 5 years

Fraud

481.129

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

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

Falsification of Drug Test Results

481.133

N/A

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

Use of Child in Commission of Offense

481.140

5-Year Bar; Risk Assessment Thereafter

N/A

Unlawful Delivery or Manufacture with Intent to Deliver

482.002

Risk Assessment if conviction was in the last 5 years

N/A

Possession of Dangerous Drug

483.041

N/A

Risk Assessment if conviction was in the last 5 years

Delivery or Offer of Delivery of Dangerous Drug

483.042

Risk Assessment if conviction was in the last 5 years

N/A

Manufacture of Dangerous Drug

483.043

5-Year Bar; Risk Assessment Thereafter

N/A

Forging or Altering Prescription

483.045

N/A

Risk Assessment if conviction was in the last 5 years

Possession and Use of Abusable Volatile Chemicals

485.031

N/A

Risk Assessment if conviction was in the last 5 years

Delivery of Abusable Volatile Chemicals to a Minor

485.032

Risk Assessment if conviction was in the last 5 years

Risk Assessment if conviction was in the last 5 years

Possession of Inhalant Paraphernalia

485.033

N/A

Risk Evaluation if conviction was in the last 5 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 Assessment if conviction was in the last 5 years

Texas Human Resources Code
Chapter 40 Department of Family and Protective Services
Chapter 42 Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services
Chapter 43 Regulation of Child Care 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)

Failure to Maintain Confidentiality of Information

40.005

N/A

Risk Assessment if conviction was in the last 5 years

False Report

42.0447

N/A

Risk Assessment if conviction was in the last 5 years

Failure to Complete Required Background and Criminal History Checks

42.056

N/A

Risk Assessment if conviction was in the last 5 years

Unlawfully Administering Medication

42.065

N/A

Risk Assessment if conviction was in the last 5 years

Criminal Penalties

42.076

N/A

Risk Assessment if conviction was in the last 5 years

Operating Day Care Center without Qualified Director

42.0761

N/A

Risk Assessment if conviction was in the last 5 years

Penalty

43.012

N/A

Risk Assessment if conviction was in the last 5 years

Failure to Report

48.052

Absolute Bar

Risk Assessment

False Report

48.053

N/A

Risk Assessment if conviction was in the last 5 years

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

Staff with Direct Access: Risk Assessment if conviction was in the last 5 years

Staff with No Direct Access: No action required

Inducing a Minor to Dance with Another in Exchange for a Benefit by Alcoholic Beverage Permittee

106.15

N/A

Staff with Direct Access: Risk Assessment if conviction was in the last 5 years

Staff with No Direct Access: No action required

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 Assessment if conviction was in the last 5 years

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

Absolute Bar

N/A

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 Assessment

Risk Assessment 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 Assessment if conviction was in the last 10 years

Any Offense Not Specifically Mentioned Above

Offense

Felony

(Includes All Levels Unless Otherwise Specified)

Misdemeanor

(Includes All Levels Unless Otherwise Specified)

Any similar offense under the law of another US state or federal law

Varies

Varies

Any other felony under any Texas law, or any similar offense under the law of another US state or federal law

Risk Assessment if conviction was in the last 10 years

N/A

 

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