1. (a) This section applies only to a determination of whether to issue a permit to or renew a permit for an applicant who has a final conviction or has been assessed an administrative penalty for a violation of:

   1. (1) Subchapter C, E, L, R, or R-1, Chapter 43;
   2. (2) a provision of this code not described by Subdivision (1) that is punishable as a Class A or B Parks and Wildlife Code misdemeanor, a Parks and Wildlife Code state jail felony, or a Parks and Wildlife Code felony;
   3. (3) Section 63.002; or
   4. (4) the Lacey Act (16 U.S.C. Sections 3371-3378).

2. (b) In determining whether to issue a permit to or renew a permit for an applicant who has a final conviction or has been assessed an administrative penalty, the department shall consider:

   1. (1) the number of final convictions or administrative penalties;
   2. (2) the seriousness of the conduct on which the final conviction or administrative penalty is based;
   3. (3) the existence, number, and seriousness of offenses or violations other than offenses or violations that resulted in a final conviction or administrative penalty described by Subsection (a);
   4. (4) the length of time between the most recent final conviction or administrative penalty and the permit application;
   5. (5) whether the final conviction, administrative penalty, or other offense or violation was the result of negligence or intentional conduct;
   6. (6) whether the final conviction or administrative penalty resulted from conduct committed or omitted by the applicant, an agent of the applicant, or both;
   7. (7) the accuracy of the permit history information provided by the applicant;
   8. (8) for a renewal, whether the applicant agreed to any special provisions recommended by the department as conditions to the expiring permit; and
   9. (9) other mitigating factors.

Added by Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 3, eff. September 1, 2013.