Text of section effective on September 01, 2019

1. (a) In determining the fitness to perform the duties and discharge the responsibilities of the licensed occupation of a person who has been convicted of a crime, the licensing authority shall consider, in addition to the factors listed in Section 53.022:

   1. (1) the extent and nature of the person's past criminal activity;
   2. (2) the age of the person when the crime was committed;
   3. (3) the amount of time that has elapsed since the person's last criminal activity;
   4. (4) the conduct and work activity of the person before and after the criminal activity;
   5. (5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release; and

   6. (6) other evidence of the person's fitness, including letters of recommendation from:

      1. (A) prosecutors and law enforcement and correctional officers who prosecuted, arrested, or had custodial responsibility for the person;
      2. (B) the sheriff or chief of police in the community where the person resides; and
      3. (C) any other person in contact with the convicted person.
2. (b) The applicant has the responsibility, to the extent possible, to obtain and provide to the licensing authority the recommendations of the prosecution, law enforcement, and correctional authorities as required by Subsection (a)(6).

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