§117.073. Department Of Assistive And Rehabilitative Service — Rules

The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.

http://www.statutes.legis.state.tx.us/Docs/HR/htm/HR.117.htm#117.073

» Texas Administrative Code Rule 40 TAC 101.113 (c)

40 TAC 101.113 (c) - Criminal History Information on Applicants for Employment - Employment with the Department will be denied when an applicant's 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.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=2&ch=101&rl=113

---

Other Note(s):

This restriction affects a wide range of social service employment:

40 TAC 101.113(b) states:

In addition to or instead of that described in subsection (a) of this section, Criminal History Record Information obtained from the Texas Department of Public Safety may be used when evaluating the following applications:

(1) Applications for positions in the Division for Rehabilitation Services (less Office for Deaf and Hard of Hearing 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) For 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) Applications for positions in the Division for Blind Services and DARS Headquarters Administration: All applicants for employment.