37 Tex. Admin. Code § 36.55 - Disqualifying Offenses
(a) Pursuant to
Texas Occupations Code, §
53.021(a)(1),
the department may revoke a certificate of registration or deny an application
for a certificate of registration if the applicant, the owner with a
controlling interest in the business or, if applicable, the entity's on-site
representative[,] has been convicted of a felony or misdemeanor that directly
relates to the duties and responsibilities of a metal recycling
entity.
(b) The Metals Recycling
Entities Act was enacted in order to regulate transactions in the metal
recycling industry, with the ultimate purpose of reducing the theft of
recyclable metals. However, this goal is dependent on the licensure of
individuals who are not predisposed to commit theft or engage in fraud. The
accurate and honest reporting of transactional data is critical to the purpose
of the program. Accordingly, the department has determined the types of
offenses detailed in this subsection directly relate to the duties and
responsibilities of metal recycling entities. A conviction for an offense
within one (1) or more of the categories listed in paragraphs (1) - (9) of this
subsection may result in the denial of an original or renewal application for a
certificate of registration or the revocation of a certificate of registration.
The Texas Penal Code references provided in this section are for illustrative
purposes and are not intended to exclude similar offenses in other state or
federal codes. The types of offenses directly related to the duties and
responsibilities of metal recycling entities include, but are not limited to:
(1) Arson, Criminal Mischief, and other
Property Damage or Destruction (Texas Penal Code, Chapter 28);
(2) Burglary and Criminal Trespass (Texas
Penal Code, Chapter 30);
(3) Theft
(Texas Penal Code, Chapter 31);
(4)
Fraud (Texas Penal Code, Chapter 32);
(5) Bribery and Corrupt Influence (Texas
Penal Code, Chapter 36);
(6)
Perjury and Other Falsification (Texas Penal Code, Chapter 37);
(7) Any violation of Texas Occupations Code,
§
1956.038 or §
1956.040;
(8) Prohibited Weapon - Explosive Weapon
(Texas Penal Code, §
46.05(a)(1);
and
(9) Component of Explosives
(Texas Penal Code, §
46.09).
(c) A felony conviction for one of
the offenses listed in subsection (b) of this section, 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 42.12, §3(g)
or Article 42A.054, is disqualifying for ten (10) years from the date of the
conviction.
(d) A misdemeanor
conviction for one of the offenses listed in subsection (b) of this section or
a substantially similar offense is disqualifying for five (5) years from the
date of conviction.
(e) For the
purposes of this chapter, all references to conviction are to those for which
the judgment has become final.
(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 metal recycling entity:
(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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