1. (a) An individual with the following criminal history shall not be eligible for continued employment or certification:

   1. (1) a felony conviction against the laws of this state, another state, or the United States within the past ten (10) years;
   2. (2) a deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years;
   3. (3) a current felony deferred adjudication, probation or parole;
   4. (4) a jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years;
   5. (5) a deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years;
   6. (6) a current jailable misdemeanor deferred adjudication, probation or parole; or
   7. (7) the requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure.
2. (b) The offense disposition date shall be used to determine applicable time frames.
3. (c) In addition to the criteria and time frames set forth in subsection (a) of this section, the applicant shall not be eligible for employment or certification until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole.
4. (d) For eligible applicants with a prior criminal history, the department may consider a range of factors to determine the applicant's fitness to perform the duties and discharge the responsibilities of the position.

Source Note:The provisions of this §344.400 adopted to be effective January 1, 2010, 34 TexReg 4191.