(a) A person for whom the facility or the individual employer is entitled to obtain criminal history record information may not be employed in a facility or by an individual employer if the person has been convicted of an offense listed in this subsection:
(1) an offense under Chapter 19, Penal Code (criminal homicide);
(2) an offense under Chapter 20, Penal Code (kidnapping, unlawful restraint, and smuggling of persons);
(3) an offense under § 21.02, Penal Code (continuous sexual abuse of young child or disabled individual), or § 21.11, Penal Code (indecency with a child);
(4) an offense under § 22.011, Penal Code (sexual assault);
(5) an offense under § 22.02, Penal Code (aggravated assault);
(6) an offense under § 22.04, Penal Code (injury to a child, elderly individual, or disabled individual);
(7) an offense under § 22.041, Penal Code (abandoning or endangering a child, elderly individual, or disabled individual);
(8) an offense under § 22.08, Penal Code (aiding suicide);
(9) an offense under § 25.031, Penal Code (agreement to abduct from custody);
(10) an offense under § 25.08, Penal Code (sale or purchase of child);
(11) an offense under § 28.02, Penal Code (arson);
(12) an offense under § 29.02, Penal Code (robbery);
(13) an offense under § 29.03, Penal Code (aggravated robbery);
(14) an offense under § 21.08, Penal Code (indecent exposure);
(15) an offense under § 21.12, Penal Code (improper relationship between educator and student);
(16) an offense under § 21.15, Penal Code (invasive visual recording);
(17) an offense under § 22.05, Penal Code (deadly conduct);
(18) an offense under § 22.021, Penal Code (aggravated sexual assault);
(19) an offense under § 22.07, Penal Code (terroristic threat);
(20) an offense under § 32.53, Penal Code (exploitation of child, elderly individual, or disabled individual);
(21) an offense under § 33.021, Penal Code (online solicitation of a minor);
(22) an offense under § 34.02, Penal Code (money laundering);
(23) an offense under Section 35A.02, Penal Code (health care fraud);
(24) an offense under § 36.06, Penal Code (obstruction or retaliation);
(25) an offense under § 42.09, Penal Code (cruelty to livestock animals), or under § 42.092, Penal Code (cruelty to nonlivestock animals); or
(26) 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 by this subsection.
(b) A person may not be employed in a position the duties of which involve direct contact with a consumer in a facility or may not be employed by an individual employer before the fifth anniversary of the date the person is convicted of:
(1) an offense under § 22.01, Penal Code (assault), that is punishable as a Class A misdemeanor or as a felony;
(2) an offense under § 30.02, Penal Code (burglary);
(3) an offense under Chapter 31, Penal Code (theft), that is punishable as a felony;
(4) an offense under § 32.45, Penal Code (misapplication of fiduciary property or property of financial institution), that is punishable as a Class A misdemeanor or a felony;
(5) an offense under § 32.46, Penal Code (fraudulent securing of document execution), that is punishable as a Class A misdemeanor or a felony;
(6) an offense under § 37.12, Penal Code (false identification as peace officer; misrepresentation of property); or
(7) an offense under § 42.01(a)(7), (8), or (9), Penal Code (disorderly conduct).

(c) In addition to the prohibitions on employment prescribed by Subsections (a) and (b), a person for whom a facility licensed under Chapter 242 or 247 is entitled to obtain criminal history record information may not be employed in a facility licensed under Chapter 242 or 247 if the person has been convicted:
(1) of an offense under § 30.02, Penal Code (burglary); or
(2) 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 under § 30.02, Penal Code.
(d) 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.