37 Tex. Admin. Code § 23.5 - Vehicle Inspection Station and Vehicle Inspector Disqualifying Criminal Offenses
(a) Vehicle
inspection stations and vehicle inspectors are entrusted with ensuring vehicles
traveling on the roads of Texas are in compliance with the vehicle emissions
requirements of the emissions inspection program, the State Implementation
Plan, and the commercial vehicle inspection program. The State Implementation
Plan is available at the following website:
https://www.tceq.texas.gov/airquality/sip/.
Vehicle inspection stations and vehicle inspectors have access to vehicle
owners' personal information and have constant access to and are responsible
for the lawful disposition of government records. For these reasons, the
department has determined that the offenses contained within this section
relate directly to the duties and responsibilities of vehicle inspection
stations and vehicle inspectors certified under Texas Transportation Code,
Chapter 548. The types of offenses listed in this section are general
categories that include all specific offenses within the corresponding chapter
of the Texas Penal Code and any such offenses regardless of the code in which
they appear that relate to vehicle inspections or the operation of vehicle
inspection stations.
(b) The
offenses listed in paragraphs (1) - (8) of this subsection are intended to
provide guidance only and are not exhaustive of either the types of offenses
that may relate to vehicle inspections or the operation of a vehicle inspection
station or those that are independently disqualifying under Texas Occupations
Code, §
53.021(a)(2) -
(4). The disqualifying offenses also include
those crimes under the laws of another state or the United States, if the
offense contains elements that are substantially similar to the elements of a
disqualifying offense under the laws of this state. Such offenses also include
the "aggravated" or otherwise heightened versions of the offenses listed in
paragraphs (1) - (8) of this subsection. In addition, after due consideration
of the circumstances of the criminal act and its relationship to the position
of trust involved in vehicle inspections or the operation of a vehicle
inspection station, the department may find that a conviction not described in
this section also renders a person unfit to hold a certificate as a vehicle
inspector or vehicle inspection station owner. In particular, an offense that
is committed in one's capacity as a vehicle inspection station owner or vehicle
inspector, or an offense that is facilitated by licensure as an owner or
inspector, will be considered related to the occupation and will render the
person unfit to hold the certification.
(1)
Arson, Criminal Mischief, and Other Property Damage or Destruction (Texas Penal
Code, Chapter 28).
(2) Robbery
(Texas Penal Code, Chapter 29).
(3)
Burglary and Criminal Trespass (Texas Penal Code, Chapter 30).
(4) Theft (Texas Penal Code, Chapter
31).
(5) Fraud (Texas Penal Code,
Chapter 32).
(6) Bribery and
Corrupt Influence (Texas Penal Code, Chapter 36).
(7) Perjury and Other Falsification (Texas
Penal Code, Chapter 37).
(8)
Criminal Homicide (Texas Penal Code, Chapter 19).
(c) A felony conviction for any such offense
is disqualifying for ten years from the date of conviction, unless the offense
was committed in one's capacity as a vehicle inspection station owner or
vehicle inspector or was facilitated by licensure as an owner or inspector, in
which case it is permanently disqualifying. Conviction for a sexually violent
offense as defined by Texas Code of Criminal Procedure, Article 62.001, or an
offense listed in Texas Code of Criminal Procedure, Article 42A.054, is
permanently disqualifying.
(d) A
Class A misdemeanor conviction for an offense listed in this section and any
other offense determined by the department to directly relate to the duties and
responsibilities of vehicle inspection stations or vehicle inspectors,
including any unlisted offense committed in one's capacity as a vehicle
inspection station owner or vehicle inspector or that was facilitated by
licensure as an owner or inspector, is disqualifying for five years from the
date of conviction.
(e) A Class B
misdemeanor conviction for an offense listed in this section and any other
offense determined by the department to directly relate to the duties and
responsibilities of vehicle inspection stations or vehicle inspectors,
including any unlisted offense committed in one's capacity as a vehicle
inspection station owner or vehicle inspector or that was facilitated by
licensure as an owner or inspector, is disqualifying for two years from the
date of conviction.
(f) A person
who is otherwise disqualified pursuant to the criteria in this section may
submit documentation as detailed in paragraphs (1) - (8) of this subsection as
evidence of his or her fitness to perform the duties and discharge the
responsibilities of a vehicle inspection station certificate holder or vehicle
inspector:
(1) the extent and nature of the
person's past criminal activity;
(2) the age of the person when the crime was
committed;
(3) the amount of time
that has elapsed since the person's last criminal activity;
(4) the conduct and work activity of the
person before and after the criminal activity;
(5) evidence of the person's rehabilitation
or rehabilitative effort while incarcerated or after release;
(6) letters of recommendation;
(7) evidence the applicant has:
(A) maintained a record of steady
employment;
(B) supported the
applicant's dependents;
(C)
maintained a record of good conduct; and
(D) paid all outstanding court costs,
supervision fees, fines, and restitution ordered in any criminal case in which
the applicant has been convicted; and
(8) any other evidence relevant to the
person's fitness for the certification sought.
(g) The failure to provide the required
documentation in a timely manner may result in the proposed action being taken
against the application or license.
Notes
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