(a) DARS may use Criminal History Conviction information obtained from the Texas Department of Public Safety when evaluating applicants for employment.
(b) In addition to or instead of that described in subsection (a) of this section, DARS may use Criminal History Record Information obtained from the Texas Department of Public Safety when evaluating the applications of the following applicants, in accordance with Texas Government Code, §§411.0985, 411.1131, 411.1142, and 411.117:
  (1) Applicants for positions in the Division for Rehabilitation 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) 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) Applicants for positions in the Division for Blind Services and DARS Headquarters Administration: All applicants for employment.
(c) DARS will deny employment to applicants whose 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.
(d) Criminal history information other than that described in subsection (b) of this section shall not be disqualifying for employment, but may be considered by DARS in determining the best qualified candidate for a position.

Source Note: The provisions of this §101.113 adopted to be effective March 12, 2012, 37 TexReg 1713