| (a) Applicants for Certification. An individual with
the following criminal history is not eligible for certification or
for employment in a position requiring certification:
(1) deferred adjudication or conviction for a felony
listed in Texas Code of Criminal Procedure Article 42A.054 (formerly
known as "3(g) offenses" under former Article 42.12) or a substantially
equivalent violation against the laws of another state or the United
States (as determined by TJJD), regardless of the date of disposition;
or
(2) deferred adjudication or conviction for a sexually
violent offense as defined in Article 62.001, Texas Code of Criminal
Procedure, or a substantially equivalent violation against the laws
of another state or the United States (as determined by TJJD), regardless
of the date of disposition.
(b) Other Individuals Subject to Criminal Background
Checks. An individual with the criminal history described in subsection
(a) of this section is not eligible to serve in a position listed
in §344.300(b)(3) of this chapter.
(c) General Provisions.
(1) Subsection (a)(1) of this section does not apply
to individuals certified before February 1, 2018, unless the certification
expires.
(2) Subsection (a)(1) of this section does not apply
to individuals in a position listed in §344.300(b)(3) of this
chapter who began service provision before February 1, 2018, with
no break in service after that date.
(3) Subsection (a)(2) of this section does not apply
to individuals certified before the most recent effective date of
this section unless the certification expires.
(4) Subsection (a)(2) of this section does not apply
to individuals in a position listed in §344.300(b)(3) of this
chapter who began service provision before the most recent effective
date of this section with no break in service after that date.
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