16 Tex. Admin. Code § 33.4 - Deferred Adjudication

(a) This section relates to Alcoholic Beverage Code §§ 11.46, 25.06, 61.42, 61.43, 69.06, and 109.532.

(b) In determining whether an applicant is not qualified or is unsuitable to hold a permit or license under Alcoholic Beverage Code § 109.532(b)(1), or whether an application should be cancelled or denied the commission may consider whether the person is currently serving deferred adjudication for:

(1) any felony offense;

(2) any controlled substance offense in the Health and Safety Code Chapter 481;

(3) any firearm or deadly weapon offense in Penal Code Chapter 46;

(4) any prostitution offense in Penal Code Chapter 43;

(5) any gambling offense in Penal Code Chapter 47;

(6) any human trafficking offense in Penal Code Chapter 20A;

(7) any fraud offense in Penal Code Chapters 32 or 35;

(8) any money laundering offense in Penal Code Chapter 34; or

(9) any violation of the Alcoholic Beverage Code.

(c) An applicant currently serving deferred adjudication for one of the offenses listed in subsection (b) of this section shall provide information requested by the commission to allow the commission to determine whether the applicant is qualified or suitable to hold a license or permit. In determining whether an applicant is qualified or suitable to hold a license or permit, the commission shall consider the relationship between the offense and the particular license or permit being sought, taking into account these factors:

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

(2) the age of the person at the time 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; and

(6) other evidence presented by the person of the person's present suitability, including letters of recommendation.

(d) If an applicant has completed the conditions of a deferred adjudication prior to filing an application, the commission will not consider the offense for which the deferred adjudication was served in deciding whether the applicant is qualified or suitable to hold a permit or license under Alcoholic Beverage Code § 109.532(b)(1).

Notes

16 Tex. Admin. Code § 33.4

The provisions of this §33.4 adopted to be effective February 24, 1994, 19 TexReg 1038; Amended by Texas Register, Volume 40, Number 24, June 12, 2015, TexReg 3644, eff. 6/18/2015; Adopted by Texas Register, Volume 45, Number 49, December 4, 2020, TexReg 8771, eff. 12/31/2020