(a) The FMSA must ensure that the employer or DR signs the Criminal History and Registry Checks form (Form 1725) acknowledging that criminal history reports are confidential and must not be shared, released, or otherwise disclosed, under penalty of law.
(b) The FMSA must, using the applicant information provided by the employer on the Criminal History and Registry Checks Form (Form 1725):
  (1) obtain the criminal history record information directly from the Texas Department of Public Safety's (DPS) secure online criminal history website within two working days after the CDS employer or DR requests the information; and
  (2) if requested by the CDS employer or DR, using a DPS-approved secure method, send the original printed document of the criminal history record information to the employer within two working days after receiving the request.
(c) The criminal history report must not be dated more than 30 calendar days before the date the applicant is hired.
(d) The FMSA must review the criminal history report on each applicant and notify the employer or DR in writing, using the Criminal History Registry Checks form (Form 1725), if the applicant has been convicted of an offense listed in Texas Health and Safety Code (THSC), §250.006(a), or an offense listed in THSC, §250.006(b) within the previous five years, and the applicant must not be hired or retained.
(e) The FMSA must maintain a copy of the Criminal History and Registry Checks form (Form 1725) for an applicant hired by an employer or DR.
(f) The FMSA, within five calendar days after the hiring decision, must destroy the criminal history record information obtained from DPS as described in subsection (b)(1) of this section for all applicants, whether or not hired or retained by the employer or DR, as follows:
  (1) for paper records, shredding, pulping, or burning; and
  (2) for electronic records, destroying the media or using specialized software to copy over the data.
(g) The FMSA must obtain an updated criminal history report for an employee, if requested by the employer or DR. If the results of the updated report indicate the employee has been convicted of an offense listed in THSC, §250.006(a), or an offense listed in THSC, §250.006(b) within the previous five years, the FMSA must notify the employer or DR that the person must be terminated immediately as an employee.
(h) Within five calendar days after obtaining the criminal history report under subsection (g) of this section, the FMSA must destroy the report using a method described in subsection (f) of this section.
(i) The cost of obtaining a criminal history report must be budgeted by the employer or DR in accordance with §41.507(d)(2) of this chapter (relating to Employer Support Services Budgeting) and be paid as an employer support service expenditure, except for the report of an applicant or employee who is:
  (1) only providing CFC PAS/HAB; or
  (2) providing support consultation to an individual who is receiving only CFC PAS/HAB through the CDS option.
(j) From the fee established by the Health and Human Services Commission for providing FMS, an FMSA must pay the cost of obtaining the criminal history report of an applicant or employee who is:
  (1) only providing CFC PAS/HAB; or
  (2) providing support consultation to an individual who is receiving only CFC PAS/HAB through the CDS option.
(k) The amount paid for a criminal history report must be the amount stated on a receipt to the FMSA for purchase of the criminal history report.

Source Note: The provisions of this §41.323 adopted to be effective January 1, 2007, 31 TexReg 10352; amended to be effective July 1, 2013, 38 TexReg 3990; amended to be effective March 20, 2016, 41 TexReg 1925