Conducting Criminal Record Checks in Texas

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Personnel at facilities caring for the elderly and disabled, employees of agencies that provide child care services, and public and private school personnel are required to undergo criminal background checks.

Effective September 1, 2007, a person convicted of specified offenses may not employed at certain facilities caring for the elderly and disabled.

Applicants for security sensitive positions at institutions of higher education may be required to submit criminal history information.

An in-home service company or residential delivery company must obtain from the Department of Public Safety or a private vendor approved by the Department and offering services comparable to services offered by the Department all criminal history record information relating to an officer, employee, or prospective employee of the company whose job duties require or will require entry into another person's residence.

The Health and Human Services Commission has adopted drug testing requirements for residential child care facilities. This drug testing policy applies to employees who have direct contact with children. Mandatory drug testing is required for (1) preemployment, and the individual can not have access to children until the drug tests are available; (2) all employees on a random and unannounced basis; and (3) employees who are alleged to be abusing drugs.

Effective September 1, 2007, operators, caregivers and employees who have direct access to children in small employer child care facilities of 50 or less employees are required to undergo a criminal background check. The criminal background check must be done by the Department of Public Safety using information made available by their department, the FBI, or the department's records of reported abuse and neglect.

Effective September 1, 2007, the security department of a private business may not hire or employ an individual to perform the duties of a private security officer if the individual has been convicted of a crime that would bar the person from being registered as a security officer under the law.