1. (a) Applicants for Certification. An individual with the following criminal history is not eligible for certification or for employment in a position requiring certification:

   1. (1) deferred adjudication or conviction for a felony listed in Texas Code of Criminal Procedure Article 42A.054 (formerly known as "3(g) offenses" under former Article 42.12) or a substantially equivalent violation against the laws of another state or the United States (as determined by TJJD), regardless of the date of disposition; or
   2. (2) deferred adjudication or conviction for a sexually violent offense as defined in Article 62.001, Texas Code of Criminal Procedure, or a substantially equivalent violation against the laws of another state or the United States (as determined by TJJD), regardless of the date of disposition.
2. (b) Other Individuals Subject to Criminal Background Checks. An individual with the criminal history described in subsection (a) of this section is not eligible to serve in a position listed in §344.300(b)(3) of this chapter.

3. (c) General Provisions.

   1. (1) Subsection (a)(1) of this section does not apply to individuals certified before February 1, 2018, unless the certification expires.
   2. (2) Subsection (a)(1) of this section does not apply to individuals in a position listed in §344.300(b)(3) of this chapter who began service provision before February 1, 2018, with no break in service after that date.
   3. (3) Subsection (a)(2) of this section does not apply to individuals certified before the most recent effective date of this section unless the certification expires.
   4. (4) Subsection (a)(2) of this section does not apply to individuals in a position listed in §344.300(b)(3) of this chapter who began service provision before the most recent effective date of this section with no break in service after that date.

Source Note:The provisions of this §344.400 adopted to be effective February 1, 2018, 42 TexReg 5688; amended to be effective December 30, 2022, 47 TexReg 8045.