| (a) An MRA or community center may not hire, enter
into a contract with, or assign volunteer status to an applicant with
the MRA or community center who:
(1) has a conviction of an offense listed in Texas
Health and Safety Code §250.006(a);
(2) has a conviction of an offense listed in Texas
Health and Safety Code §250.006(b), during the five years before
the proposed employment or contractual or volunteer status;
(3) has a conviction of an offense that the MRA or
community center determines is a contraindication to employment or
contractual or volunteer status; or
(4) is listed as unemployable in a registry.
(b) An MRA or community center may not continue to
employ, contract with, or give volunteer status to a person who:
(1) has a conviction of an offense listed in Texas
Health and Safety Code §250.006(a);
(2) has a conviction of an offense listed in Texas
Health and Safety Code §250.006(b), during the five years before
the MRA or community has knowledge of the conviction;
(3) has a conviction of an offense that the MRA or
community center determines is a contraindication to employment or
contractual or volunteer status; or
(4) is listed as unemployable in a registry.
(c) An MRA or community center must give an applicant
with the MRA or community center the following information, in writing,
when the applicant makes an application for employment or contractual
or volunteer status:
(1) that criminal history and registry checks will
be conducted on the applicant;
(2) the types of criminal offenses for which a conviction
prohibits employment by law;
(3) that a conviction of other types of criminal offenses
may be considered a contraindication to employment or contractual
or volunteer status;
(4) that a registry check will be conducted to determine
if an applicant is listed as unemployable; and
(5) that a registry check will be conducted annually
to determine if an employee, contractor, or volunteer is listed as
unemployable.
|
| Source Note: The provisions of this §301.607 adopted to be effective October 6, 2011, 36 TexReg 6513; transferred effective May 31, 2024, as published in the May 3, 2024, issue of the Texas Register, 49 TexReg 3019 |
