(a) A boarding home facility permit holder's permit to operate a boarding home may be denied, revoked, suspended, or denied for renewal if the permit holder has been convicted of a criminal offense listed in subsections (c) or (d) of this section or if the permit holder has in its employ any person convicted of a criminal offense listed in subsection (c) or (d).
(b) The permit holder must complete any state or federal request and release forms that are required to obtain a criminal history report for the permit holder. In addition to the permit fee, the permit holder will provide funding to the county/municipality in a manner specified by the county/municipality to cover any fees imposed by state or federal agencies for the report.
(c) The following histories will disqualify a permit holder from obtaining a permit to operate a boarding home or will serve as a bar to being employed by a boarding home facility:
(1) Tex. Penal Code, Chapter 19 (criminal homicide);
(2) Tex. Penal Code, Chapter 20 (kidnapping and unlawful restraint);
(3) Tex. Penal Code, § 21.02 (continuous sexual abuse of young child or children);
(4) Tex. Penal Code, § 21.08 (indecent exposure);
(5) Tex. Penal Code, § 21.11 (indecency with a child);
(6) Tex. Penal Code, § 21.12 (improper relationship between educator and student);
(7) Tex. Penal Code, § 21.15 (improper photography or visual recording);
(8) Tex. Penal Code, § 22.011 (sexual assault);
(9) Tex. Penal Code, § 22.02 (aggravated assault);
(10) Tex. Penal Code, § 22.021 (aggravated sexual assault);
(11) Tex. Penal Code, § 22.04 (injury to a child, elderly individual or disabled individual);
(12) Tex. Penal Code, § 22.041 (abandoning or endangering child);
(13) Tex. Penal Code, § 22.05 (deadly conduct);
(14) Tex. Penal Code, § 22.07 (terroristic threat);
(15) Tex. Penal Code, § 22.08 (aiding suicide);
(16) Tex. Penal Code, § 25.031 (agreement to abduct from custody);
(17) Tex. Penal Code, § 25.08 (sale or purchase of a child);
(18) Tex. Penal Code, § 28.02 (arson);
(19) Tex. Penal Code, § 29.02 (robbery);
(20) Tex. Penal Code, § 29.03 (aggravated robbery);
(21) Tex. Penal Code, § 30.02 (burglary);
(22) Tex. Penal Code, Chapter 31 (theft) that is punishable as a felony;
(23) Tex. Penal Code, § 33.021 (online solicitation of a minor);
(24) Tex. Penal Code, § 34.02 (money laundering);
(25) Tex. Penal Code, § 35A.02 (Medicaid fraud);
(26) Tex. Penal Code, § 42.09 (cruelty to animals); or
(27) A conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed in this subsection.
(d) A person may not own a boarding home or be employed in a position the duties of which involve direct contact with a resident in a boarding home before the fifth anniversary of the date the person is convicted of any felony offense not listed in subsection (c) or any of the following non-felony offenses:
(1) An offense under Tex. Penal Code, § 22.01 (assault), that is punishable as a Class A misdemeanor;
(2) An offense under Tex. Penal Code, § 32.45 (misapplication of fiduciary property or property of a financial institution), that is punishable as a Class A misdemeanor or a felony;
(3) An offense under Tex. Penal Code, § 32.46 (securing execution of a document by deception), that is punishable as a Class A misdemeanor or a felony;
(4) An offense under Tex. Penal Code, § 37.12 (false identification as peace officer);
(5) An offense under Tex. Penal Code, § 42.01(a)(7), (8), or (9) (disorderly conduct); or
(6) A conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed in this subsection.
(e) The permit holder must ensure that all employees, including volunteers who are not residents, have had a background check of conviction records, pending charges and disciplinary board decisions completed within the past two years, and is repeated every year thereafter, and that the individual is not disqualified under the provisions of subsections (c) and (d) of this section. The permit holder will immediately discharge any employee or volunteer whose criminal history check reveals conviction of a crime that bars employment or volunteer service.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)