37 Tex. Admin. Code § 403.3 - Scope
(a) The policy and
procedures established in this chapter apply to a person who holds or applies
for any certificate issued under the commission's regulatory authority
contained in Government Code, Chapter 419.
(b) When a person is convicted of a crime of
a sexual nature, the conviction of which would require the individual to be
registered as a sex offender under Chapter 62 of the Code of Criminal
Procedure; or
(c) When a person is
convicted of a crime that is an offense under Title 7 of the Texas Penal Code,
or a similar offense under the laws of the United States of America, another
state, or another jurisdiction, the person's conduct directly relates to the
competency and reliability of the person to assume and discharge the
responsibilities of fire protection personnel. Such conduct includes, but is
not limited to, intentional or knowing conduct, without a legal privilege,
which causes or is intended to cause a fire or explosion with the intent to
injure or kill any person or animal or to destroy or damage any property. The
commission may:
(1) deny a person the
opportunity to be examined for a certificate;
(2) deny the application for a
certificate;
(3) grant the
application for a new certificate with the condition that a probated suspension
be placed on the newly granted certificate;
(4) refuse to renew a certificate;
(5) suspend, revoke, or probate the
suspension or revocation of an existing certificate; or
(6) limit the terms or practice of a
certificate holder to areas prescribed by the commission.
(d) When a person's criminal conviction of a
felony or misdemeanor directly relates to the duties and responsibilities of
the holder of a certificate issued by the commission, the commission may:
(1) deny a person the opportunity to be
examined for a certificate;
(2)
deny the application for a certificate;
(3) grant the application for a new
certificate with the condition that a probated suspension be placed on the
newly granted certificate;
(4)
refuse to renew a certificate;
(5)
suspend, revoke, or probate the suspension or revocation of an existing
certificate; or
(6) limit the terms
or practice of a certificate holder to areas prescribed by the
commission.
Notes
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