Text of section effective on September 01, 2019

1. (a) An applicant for a license, certificate of registration, or security officer commission or the applicant's manager must be at least 18 years of age and must not:

   1. (1) have been convicted in any jurisdiction of two or more felony offenses, unless full pardons have been granted for all convictions for reasons relating to wrongful convictions;

   2. (2) have been convicted in any jurisdiction of any of the following:

      1. (A) a single felony or equivalent offense for which the 20th anniversary of the date of conviction has not occurred before the date of application, unless a full pardon has been granted for reasons relating to a wrongful conviction; or
      2. (B) a Class A misdemeanor or equivalent offense for which the 10th anniversary of the date of conviction has not occurred before the date of application, unless a full pardon has been granted for reasons relating to a wrongful conviction;
   3. (3) at the time of application be charged with the commission of a Class A misdemeanor or felony offense, under an information or indictment;
   4. (4) in the 10 years preceding the date of application, have been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony;
   5. (5) have been found by a court to be incompetent by reason of a mental defect or disease and not have been restored to competency;
   6. (6) have been dishonorably discharged from the United States armed services, discharged from the United States armed services under other conditions determined by the board to be prohibitive, or dismissed from the United States armed services if a commissioned officer in the United States armed services; or
   7. (7) be required to register in this or any other state as a sex offender, unless the applicant is approved by the board under Section 1702.3615.
2. (b) An applicant is ineligible for a license, certificate of registration, or commission if the applicant has charges pending for or has been convicted in any jurisdiction of a Class B misdemeanor for an offense determined by the board to be disqualifying if the fifth anniversary of the date of conviction has not occurred before the date of application, unless a full pardon has been granted for reasons relating to a wrongful conviction.

3. (c) For purposes of this section, an offense under the laws of this state, another state, or the United States is considered:

   1. (1) a felony if the offense:

      1. (A) at the time of conviction was designated by a law of this state as a felony, including a state jail felony;
      2. (B) contains all the elements of an offense designated by a law of this state as a felony, including a state jail felony; or
      3. (C) is punishable by confinement for one year or more in a penitentiary;

   2. (2) a Class A misdemeanor if the offense is not a felony and the offense:

      1. (A) at the time of conviction was designated by a law of this state as a Class A misdemeanor;
      2. (B) contains all the elements of an offense designated by a law of this state as a Class A misdemeanor; or
      3. (C) provides as a possible punishment confinement in a jail other than a state jail felony facility; or

   3. (3) a Class B misdemeanor if the offense is not a felony or Class A misdemeanor and the offense:

      1. (A) at the time of conviction was designated by a law of this state as a Class B misdemeanor;
      2. (B) contains all the elements of an offense designated by a law of this state as a Class B misdemeanor; or
      3. (C) provides as a possible punishment confinement in a jail other than a state jail felony facility.
4. (d) For purposes of this section, "convicted" has the meaning provided in Section 1702.371.
5. (e) An individual's eligibility under this chapter is not affected by any relationship or lack of relationship between the nature of the criminal charges or conviction and the regulated occupation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.592(a), eff. Sept. 1, 2001.

Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833), Sec. 5, eff. September 1, 2007.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(23), eff. September 1, 2019.