§ 8A-23. Criminal history.

(a)

A person may not own or operate a boarding home facility or be employed in a position the duties of which involve direct contact with a resident in a boarding home facility before the tenth anniversary of the date the person is convicted of any of the following offenses:

(1)

Sections 481.112, 481.1121, 481.1122, 481.113, 481.114, 481.122, Texas Health and Safety Code (illegal manufacture or delivery of a controlled substance), as amended.

(2)

Section 481.120, punishable by a felony, Texas Health and Safety Code (delivery of marijuana) and Section 481.124, punishable by a felony, Texas Health and Safety Code (possession or transport of certain chemicals with intent to manufacture controlled substance), as amended.

(3)

Chapter 19, Texas Penal Code (criminal homicide), as amended.

(4)

Chapter 20, Texas Penal Code (kidnapping, unlawful restraint and smuggling of persons), as amended.

(5)

Chapter 20A, Texas Penal Code (trafficking of persons), as amended.

(6)

Section 21.02, Texas Penal Code (continuous sexual abuse of young child or children), as amended, or Section 21.11, Texas Penal Code (indecency with a child), as amended.

(7)

Section 22.011, Texas Penal Code (sexual assault), as amended.

(8)

Section 22.02, Texas Penal Code (aggravated assault), as amended.

(9)

Section 22.04, Texas Penal Code (injury to a child, elderly individual, or disabled individual), as amended.

(10)

Section 22.041, Texas Penal Code (abandoning or endangering child), as amended.

(11)

Section 22.08, Texas Penal Code (aiding suicide), as amended.

(12)

Section 25.031, Texas Penal Code (agreement to abduct from custody), as amended.

(13)

Section 25.08, Texas Penal Code (sale or purchase of a child), as amended.

(14)

Section 28.02, Texas Penal Code (arson), as amended.

(15)

Section 29.02, Texas Penal Code (robbery), as amended.

(16)

Section 29.03, Texas Penal Code (aggravated robbery), as amended.

(17)

Section 21.08, Texas Penal Code (indecent exposure), as amended.

(18)

Section 21.12, Texas Penal Code (improper relationship between educator and student), as amended.

(19)

Section 21.15, Texas Penal Code (improper photography or visual recording), as amended.

(20)

Section 22.05, Texas Penal Code (deadly conduct), as amended.

(21)

Section 22.01(b)(1), Texas Penal Code (assault on a public servant), as amended.

(22)

Section 22.021, Texas Penal Code (aggravated sexual assault), as amended.

(23)

Section 22.07, Texas Penal Code (terroristic threat), as amended.

(24)

Section 33.021, Texas Penal Code (online solicitation of a minor), as amended.

(25)

Section 34.02, Texas Penal Code (money laundering), as amended.

(26)

Section 35A.02, Texas Penal Code (Medicaid fraud), as amended.

(27)

Section 42.09, Texas Penal Code (cruelty to animals), as amended.

(28)

Chapter 31, Texas Penal Code (theft), as amended, that is punishable as a felony.

(29)

Section 30.02, Texas Penal Code (burglary), as amended.

(30)

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.

(b)

A person may not own or operate a boarding home facility or be employed in a position the duties of which involve direct contact with a resident in a boarding home facility before the fifth anniversary of the date the person is convicted of any felony offense not listed in subsection (a) or any of the following non-felony offenses:

(1)

Section 22.01, Texas Penal Code (assault), as amended, that is punishable as a Class A misdemeanor.

(2)

Section 32.45, Texas Penal Code (misapplication of fiduciary property or property of a financial institution), as amended, that is punishable as a Class A misdemeanor or a felony.

(3)

Section 32.46, Texas Penal Code (securing execution of a document by deception), as amended, that is punishable as a Class A misdemeanor or a felony.

(4)

Section 37.12, Texas Penal Code (false identification as peace officer), as amended.

(5)

Section 42.01(a)(7), (8), or (9), Texas Penal Code (disorderly conduct involving a firearm), as amended.

(6)

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.

(c)

The permit holder shall ensure that all employees (including volunteers who are not residents) have had a background check of conviction records, pending charges, and disciplinary board decisions completed within the past two (2) years, and is repeated every year thereafter, and that the individual is not disqualified under this section. The owner or operator shall immediately discharge any employee or volunteer whose criminal history reveals conviction of a crime that bars employment or volunteer service at a boarding home facility under this section.

(Ord. No. 2015-9654 , § 1, 1-15-15)