(a) Criminal history check.
  (1) Before making an offer of employment or contractual or volunteer status to an applicant, an MRA or community center must conduct a criminal history check by:
    (A) obtaining criminal history record information from the Texas Department of Public Safety (TDPS); and
    (B) if the applicant has lived outside the State of Texas at any time during the two years before making the application for employment or contractual or volunteer status with an MRA or community center, obtaining criminal history information from the Federal Bureau of Investigation.
  (2) An MRA or community center may conduct a criminal history check on an employee, contractor, or volunteer of the MRA or community center at any time the MRA or community center determines it is necessary.
(b) Registry check.
  (1) Before making an offer of employment or contractual or volunteer status to an applicant, an MRA or community center must conduct a registry check by searching both registries listed in §4.503(11) of this subchapter (relating to Definitions) to determine if the applicant is listed as unemployable.
  (2) An MRA or community center must conduct a registry check annually to ensure that an employee, contractor, or volunteer of the MRA or community center is not listed as unemployable. The MRA and community center must retain a copy of the results of an annual registry check.
  (3) An MRA or community center may conduct a registry check to determine if an employee, contractor, or volunteer of the MRA or community center is listed as unemployable at any time the MRA or community center determines it is necessary.

Source Note: The provisions of this §301.609 adopted to be effective October 6, 2011, 36 TexReg 6513; transferred effective May 31, 2024, as published in the May 3, 2024, issue of the Texas Register, 49 TexReg 3019