1. (a) Subject to the requirements of Chapter 250, the department, in relation to services provided under this title, or a local mental health authority or community center, may deny employment or volunteer status to an applicant if:

   1. (1) the department, authority, or community center determines that the applicant's criminal history record information indicates that the person is not qualified or suitable; or
   2. (2) the applicant fails to provide a complete set of fingerprints if the department establishes that method of obtaining criminal history record information.
2. (b) The executive commissioner shall adopt rules relating to the use of information obtained under this section, including rules that prohibit an adverse personnel action based on arrest warrant or wanted persons information received by the department.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.

Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.02, eff. Aug. 30, 1993;

Acts 1993, 73rd Leg., ch. 790, Sec. 46(26), eff. Sept. 1, 1993;

Acts 1999, 76th Leg., ch. 1209, Sec. 4, eff. Sept. 1, 1999.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.