Sec. 811.003. REQUIRED CRIMINAL HISTORY RECORD INFORMATION REVIEW AND EMPLOYMENT VERIFICATION. (a) A governmental entity to which this chapter applies shall ensure each facility the entity regulates or operates reviews state criminal history record information and conducts an employment verification for each person: (1) who is: (A) an applicant selected for employment with the facility; (B) an employee of the facility; (C) an applicant selected for a volunteer position with the facility; (D) a volunteer with the facility; (E) an applicant selected for an independent contractor position with the facility; or (F) an independent contractor of the facility; and (2) who may be placed in direct contact with a child receiving services at the facility. (b) For purposes of Subsection (a)(2), a person may be placed in direct contact with a child if the person's position potentially requires the person to: (1) provide care, supervision, or guidance to a child; (2) exercise any form of control over a child; or (3) routinely interact with a child. (c) In conducting an employment verification under Subsection (a), the facility must, to the extent possible, contact the previous employers listed in the submitted application materials for each applicant. (d) Each facility shall obtain electronic updates from the Department of Public Safety of arrests and convictions for each person: (1) described by Subsection (a)(1)(B), (D), or (F); and (2) who continues as an employee, volunteer, or independent contractor or who otherwise continues to be placed in direct contact with a child at the facility. (e) A facility that submits a name for a background and criminal history check in accordance with Section 42.056 , Human Resources Code, and rules adopted under that section for each person described by Subsection (a) is considered to be in compliance with the requirements of this section. (f) The executive commissioner of the commission may adopt rules as necessary to implement this section, including rules on existing employment verification procedures for residential treatment facilities that satisfy the requirements of this section.
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