Conducting Criminal Record Checks in Texas

Personnel at facilities caring for the elderly and disabled, employees of agencies that provide child care services, and public and private school personnel are required to undergo criminal background checks.

Applicants for security sensitive positions at institutions of higher education may be required to submit criminal history information.

An in-home service company or residential delivery company must obtain from the Department of Public Safety or a private vendor approved by the Department and offering services comparable to services offered by the Department all criminal history record information relating to an officer, employee, or prospective employee of the company whose job duties require or will require entry into another person's residence.

Effective December 1, 2005, the Health and Human Services Commission has adopted drug testing requirements for residential child care facilities. This drug testing policy applies to employees who have direct contact with children. Mandatory drug testing is required for (1) preemployment, and the individual can not have access to children until the drug tests are available; (2) all employees on a random and unannounced basis; and (3) employees who are alleged to be abusing drugs.