Sec. 51.4012. LICENSE ELIGIBILITY REQUIREMENTS REGARDING APPLICANT'S BACKGROUND; DETERMINATION LETTER
- (a) Notwithstanding any other law, the commission may determine that a person is not eligible for a license based on the person's criminal history or other information that indicates that the person lacks the honesty, trustworthiness, and integrity to hold a license issued by the department.
- (b) Before applying for a license from the department, a person may request that the department issue a letter determining whether the person would be eligible for a license under Subsection (a) of this section, Section 51.356, or Chapter 53. To obtain a determination letter, a person must file a request on a form prescribed by the department and pay the required fee.
- (c) Not later than the 30th day after the date the department makes its determination, the department shall issue the determination letter to the person.
- (d) The department has the same powers to investigate a request filed under this section as the department has to investigate a person applying for a license.
- (e) A determination letter issued under this section that is adverse to a person does not prevent the person from subsequently applying for a license.
- (f) The department is not bound by its determination that the person would be eligible if, after the issuance of the determination letter, the department determines there has been a change in a person's circumstances or discovers a previously undiscovered fact.
- (g) A determination under this section is not a contested case under Chapter 2001, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 10, eff. May 1, 2010.