1. (a) Prior to the submission of the required application materials and employment in a regulated capacity, the licensed employer of a registrant applicant, or the licensed employer of an applicant for a security officer commission who wishes to allow the applicant to work in an unarmed capacity while the application is pending, shall exercise due diligence in ensuring that the applicant meets the eligibility provisions of the Act and of this chapter. The exercise of due diligence may be satisfied through the review of the applicant's public criminal history on the department's public website or other commercial website, or by obtaining a criminal history clearance letter from the district and county clerks of the applicant's county of residence. Nothing in this section precludes an employer from using a more stringent method of determining an applicant's eligibility.
2. (b) The employer must maintain, for at least two years, records documenting the pre-employment check, regardless of the subsequent employment status of the applicant. The failure to maintain such records constitutes prima facie proof of failure to exercise the due diligence required by this section.

Source Note:The provisions of this §35.3 adopted to be effective May 6, 2014, 39 TexReg 3606.