By execution of this document, I acknowledge that I have been informed by the agency that a criminal history, an EMR/NAR, and State and Federal OIG checks will be performed on my name(s). In addition, if I am hired, the agency will verify EMR/NAR annually, and OIG (State & Federal) monthly. I have informed this agency of all names (i.e., maiden name, aliases) that I have used in the past. I hereby profess that I have not been convicted of any of the following crimes which are a permanent automatic bars to employment by this agency. The EMR is governed by 40 TAC Chapter 93 and Texas Health & Safety Code Chapter 253.
A person for whom the facility is entitled to obtain criminal history record information may not be employed in a facility if the person has been convicted of an offense listed below:
(1) Chapter 19, Penal Code (criminal homicide)
(2) Chapter 20, Penal Code (kidnapping & unlawful restraint);
(3) Section 21.11, Penal Code (indecency with a child); or Section 21.02, Penal Code (continuous sexual abuse of young child or children)
(4) Section 22.011, Penal Code (sexual assault);
(5) Section 22.02, Penal Code (aggravated assault);
(6) Section22.04; Penal Code (injury to a child, elderly individual, or disabled
individual);
(7) Section 22.041, Penal Code (abandoning or endangering a child);
(8) Section 22.08, Penal Code (aiding suicide);
(9) Section 25.031, Penal Code (agreement to abduct from custody);
(10) Section 25.08, Penal Code (sale or purchase of a child);
(11) Section 28.02; Penal Code (arson);
(12) Section 29.02, Penal Code (robbery);
(13) Section 29.03, Penal Code (aggravated robbery);
(14) Section 21.08, Penal Code (indecent exposure);
(15) Section 21.12, Penal Code (improper relationship between educator and student);
(16) Section 21.15, Penal Code (improper photograph or visual recording);
(17) Section 22.05, Penal Code (deadly conduct);
(18) Section 22.021. Penal Code (aggravated sexual assault);
(19) Section 22.07, Penal Code (terroristic threat);
(20) Section 32.53, Penal Code (exploitation of child, elderly individual, or disabled
Individual);
(21) Section 33.021, Penal Code (online solicitation of a minor);
(22) Section 34.02, Penal code (money laundering);
(23) Section 35A.02, Penal Code (Medicaid fraud)
(24) Section 36.06, Penal Code (obstruction or retaliation);
(25) Section 42.09, Penal Code (cruelty to livestock animals); or Section 42.092, Penal Code (cruelty to non-livestock animals);
(26) A conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar
to the elements of an offense listed in this subsection.
A person may not be employed in a position the duties of which involve direct contact with a consumer in a facility before the fifth anniversary of the date the person is convicted of:
(1) Section 22.01, Penal Code (assault), that is punishable as a Class A misdemeanor or as a felony;
(2) Section 30.02, Penal Code (burglary);
(3) Chapter 31, Penal Code (theft), that is punishable as a felony;
(4) Section 32.45, Penal Code (misapplication of fiduciary property or property of a financial institution), that is punishable as a Class A misdemeanor or a felony;
(5) Section 32.46, Penal Code (securing execution of a document by deception), that is punishable as a Class A misdemeanor or a felony;
(6) Section 37.12, Penal Code (false identification as peace officer); or
(7) Section 42.01(a)(7), (8), or (9), Penal Code (disorderly conduct).
For purposes of this section, a person who is placed on deferred adjudication community supervision for an offense listed in this section, successfully completes
the period of deferred adjudication community supervision, and receives a dismissal and discharge in accordance with Section 5 (c), Article 42.12, Code of Criminal Procedure, is not considered convicted of the offense for which the person received deferred adjudication community supervision.
I acknowledge that if I am found to have been convicted of any other offense(s), that this offense(s) may also bar my employment. Also, if I am found to have been
reported to the Employee Misconduct Registry and/or OIG Excluded party Lists (State and/ or Federal), this offense(s) will also bar my employment.
I understand that all information obtained by this agency regarding any criminal history and employee misconduct will remain confidential. I have the right to contact DPS, DADS, and/or OIG to request an opportunity to be heard concerning the accuracy of the recorded information that was disclosed to the agency.
I certify that the information on this form contains no willful misrepresentation and that the information given is true and complete to the best of my knowledge.