Pursuant to Texas Occupations Code §1702.230: If 48 hours have passed since the submission of a substantially complete application in accordance with Texas Administrative Code §35.21 (including fees and electronic fingerprints), and the employee status appears as 'Not Registered or Incomplete Application' or does not appear in the online search, the applicant may be employed in an unarmed capacity if the employer conducts a background check on the applicant including a review of the DPS Criminal History and Sex Offender databases and confirmation that the applicant is not ineligible for registration. The employer must maintain a record of the background check.
Per Administrative Rule §35.3 (effective Sept. 15, 2016): In cases in where the employee does appear in the online search with a status of 'Registered or Substantially Complete Application' within 48 hours, employment in an unarmed capacity is permitted following a background check on the applicant. A commercially available criminal history background check (as an alternative to the DPS database) is acceptable in this case.
Again, if DPS has not provided the notice within 48 hours, the background check must include a review of the DPS Criminal History database. If notice has been provided prior to 48 hours, the criminal history background check can be conducted through a commercially available database. In either case the DPS Sex Offender Registry must be reviewed.
Commissioned security and personal protection officers: Please note that the above provisions do not allow for employment in an armed capacity prior to licensure.