(a) A driver education provider shall discharge or refuse to hire as an instructor an employee or applicant for employment if the department obtains information through a criminal history record information review that:
(1) the employee or applicant has been convicted of:
(A) a felony offense under Title 5, Penal Code;
(B) an offense on conviction of which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; or
(C) an offense under the laws of another state or federal law that is equivalent to an offense under Paragraph (A) or (B); and
(2) at the time the offense occurred, the victim of the offense described by Subdivision (1) was under 18 years of age or was enrolled in a public school.
(b) The executive director shall suspend or revoke a license described by § 1001.2511(a) held by a person under this subchapter and shall refuse to issue or renew a license described by § 1001.2511(a) to a person under this subchapter if the person has been convicted of an offense described by Subsection (a) of this section.

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Terms Used In Texas Education Code 1001.2514

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) Subsections (a) and (b) do not apply to an offense under Title 5, Penal Code, if:
(1) more than 30 years have elapsed since the offense was committed; and
(2) the person convicted has satisfied all terms of the court order entered on conviction.
(d) A driver education provider may discharge an employee who serves as an instructor if the provider obtains information of the employee’s conviction of a felony or of a misdemeanor involving moral turpitude that the employee did not disclose to the provider or the department. An employee discharged under this subsection is considered to have been discharged for misconduct for purposes of § 207.044, Labor Code.