| (a) DARS may use Criminal History Conviction information
obtained from the Texas Department of Public Safety when evaluating
applicants for employment.
(b) In addition to or instead of that described in
subsection (a) of this section, DARS may use Criminal History Record
Information obtained from the Texas Department of Public Safety when
evaluating the applications of the following applicants, in accordance
with Texas Government Code, §§411.0985, 411.1131, 411.1142,
and 411.117:
(1) Applicants for positions in the Division for Rehabilitation
Services and the Division for Disability Determination Services: All
applicants whose potential duties include direct contact with consumers
of Vocational Rehabilitation Services, Comprehensive Rehabilitation
Services, and Independent Living Services in the Division for Rehabilitation
Services.
(2) Applicants for positions in the Division for Early
Childhood Intervention Services: All applicants whose potential employment
involves the delivery of early childhood intervention services or
involves direct interactions with or the opportunity to interact and
associate with children.
(3) Applicants for positions in the Division for Blind
Services and DARS Headquarters Administration: All applicants for
employment.
(c) DARS will deny employment to applicants whose criminal
history contains a felony criminal conviction which has been determined
by the Commissioner or Assistant Commissioner to make the applicant
unfit or unsafe to perform the functions of the job.
(d) Criminal history information other than that described
in subsection (b) of this section shall not be disqualifying for employment,
but may be considered by DARS in determining the best qualified candidate
for a position.
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