16 Tex. Admin. Code § 303.201 - General Authority

(a) In accordance with state law, the commission may revoke, suspend, or deny a license because of the person's conviction of a felony or misdemeanor if the offense directly relates to the person's present fitness to perform the duties and responsibilities associated with the license.

(b) In determining whether an offense directly relates to a person's present fitness to perform the duties and responsibilities associated with the license, the commission shall consider the relationship between the offense and the occupational license applied for and the following factors:

(1) the extent and nature of the person's past criminal activity;

(2) the age of the person at the time of the commission of the crime;

(3) the amount of time that has elapsed since the person's last criminal activity;

(4) the conduct and work activity of the person prior to and following the criminal activity;

(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release; and

(6) other evidence presented by the person of the person's present fitness, including letters of recommendation from:

(A) prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person;

(B) the sheriff or chief of police in the community where the person resides; or

(C) any other persons in contact with the convicted person.

(c) The executive director shall develop and publish guidelines relating to the administration of the occupational licensing program.

(d) On learning of the felony conviction, felony probation revocation, revocation of parole, or revocation of mandatory supervision of a licensee, the executive director or designee shall determine whether a license may be subject to suspension or revocation.

Notes

16 Tex. Admin. Code § 303.201

The provisions of this §303.201 adopted to be effective March 28, 1989, 14 TexReg 1365; amended to be effective July 1, 1992, 17 TexReg 4343; amended to be effective January 1, 1999, 23 TexReg 12915; Amended by Texas Register, Volume 50, Number 05, January 31, 2025, TexReg 0651, eff. 2/4/2025