SECTION 560.2. Convictions Barring Licensure

(a) HHSC may deny an initial facility license, or refuse to renew a facility license, if an applicant for a facility license, a facility license holder, or any other person whose criminal history must be verified before a facility license is issued:

(1) has been convicted, regardless of the date of conviction, of any of the following misdemeanor or felony offenses:

(A) an offense listed in Texas Health and Safety Code §250.006(a) or (c) (relating to Convictions Barring Employment);

(B) an offense relating to the practice of a health-related profession without a license;

(C) an offense relating to drugs, dangerous drugs, or controlled substances; or

(D) an offense under any of the following sections of the Texas Penal Code:

(i) Section 22.09, Tampering with consumer product;

(ii) Section 22.10, Leaving a child in a vehicle;

(iii) Section 32.42, Deceptive business practices;

(iv) Section 32.51, Fraudulent use or possession of identifying information;

(v) Section 35.02, Insurance fraud;

(vi) Section 42.072, Stalking;

(vii) Section 42.10, Dog fighting;

(viii) Section 43.05, Compelling prostitution;

(ix) Section 43.24, Sale, distribution, or display of harmful material to minor;

(x) Section 43.25, Sexual performance by a child;

(xi) Section 43.251, Employment harmful to children;

(xii) Section 43.26, Possession or promotion of child pornography;

(xiii) Section 46.06, Unlawful transfer of certain weapons;

(xiv) Section 46.13, Making a firearm accessible to a child;

(xv) Section 48.02, Prohibition of the purchase and sale of human organs;

(xvi) Section 49.07, Intoxication assault;

(xvii) Section 49.08, Intoxication manslaughter; or

(xviii) Section 71.022, Coercing, inducing, or soliciting membership in a criminal street gang; or

(2) has been convicted, during the five years preceding the date of the facility license application, of any of the following misdemeanor or felony offenses:

(A) an offense listed in Texas Health and Safety Code §250.006(b); or

(B) an offense under any of the following sections of the Texas Penal Code:

(i) Section 30.03, Burglary of coin-operated or coin collection machines;

(ii) Section 30.04, Burglary of vehicles;

(iii) Section 31.03, Theft;

(iv) Section 31.04, Theft of service;

(v) Section 32.21, Forgery;

(vi) Section 32.31, Credit card or debit card abuse;

(vii) Section 32.33, Hindering secured creditors;

(viii) Section 32.48, Simulating legal process;

(ix) Section 33.02, Breach of computer security;

(x) Section 42.061, Silent or abusive calls to 9-1-1 service;

(xi) Section 42.07, Harassment; or

(xii) Section 42.091, Attack on assistance animal.

(b) HHSC may revoke a facility license if HHSC becomes aware of:

(1) a conviction described in subsection (a)(1) of this section regardless of the date of the conviction; or

(2) a conviction described in subsection (a)(2) of this section if the conviction occurred during the five years preceding the date HHSC became aware of the conviction.

(c) HHSC considers a conviction of an offense under the laws of another state, federal law, or the Uniform Code of Military Justice containing elements that are substantially similar to the elements of an offense listed in subsection (a) of this section as if it is a conviction of one of the listed offenses.

(d) HHSC considers the following information when deciding if it will deny a facility license, refuse to renew a facility license, or revoke a facility license in accordance with this section:

(1) the nature and seriousness of the offense;

(2) the relationship of the offense to the operation of a facility;

(3) the extent to which a facility license might offer an opportunity for the person to engage in activity similar to the offense;

(4) the age of the person at the time of the offense;

(5) the amount of time since the offense; and

(6) any other information provided by the person to explain the circumstances of the offense or to evidence the person's conduct since the offense.

(e) For purposes of this section, a person who is placed on deferred adjudication community supervision for an offense listed in this section, successfully completes the period of deferred adjudication community supervision, and receives a dismissal and discharge in accordance with Article 42A.111, Code of Criminal Procedure, is not considered convicted of the offense for which the person received deferred adjudication community supervision.

Source Note: The provisions of this §560.2 adopted to be effective September 24, 2018, 43 TexReg 6329