1. (a) Texas Occupations Code, Chapter 53 provides that the commission or executive director may suspend or revoke an existing license, disqualify a person from receiving a license, or deny a person the opportunity to be examined for a license if the person has been convicted of an offense listed under §53.021(a) or has a deferred adjudication that qualifies as a conviction under §53.021(d). Any such action shall be made after consideration of the factors listed in Texas Occupations Code, §53.022 and §53.023 and the guidelines issued by the department under §53.025.
2. (b) A person who is incarcerated is not eligible to obtain a license or renew a previously issued license under this chapter or any statute governing a program regulated by the department.

3. (c) Revocation Waiting Periods.

   1. (1) A person whose license is revoked by operation of law under Texas Occupations Code §53.021(b) must wait until release from imprisonment before applying for a new license.
   2. (2) A person whose license is revoked by order of the commission or the executive director must wait one year from the date of revocation before applying for a new license.

Source Note:The provisions of this §60.40 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective July 1, 2010, 35 TexReg 5525.