- (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 to a person the opportunity to be examined for a license because of a person's conviction of a felony or misdemeanor if the crime directly relates to duties and responsibilities of a licensee. This subsection applies to persons who are not imprisoned at the time the Commission or Executive Director considers the conviction.
- (b) A person currently incarcerated because of a felony conviction may not sit for a license examination, obtain a license, or renew a previously issued license under this chapter or any statute governing a program regulated by the Department.
- (c) 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.
- (d) In considering whether a criminal conviction directly relates to the duties and responsibilities of the occupation for which the person is applying, the Commission and/or Executive Director shall consider the factors listed in Texas Occupations Code, §53.022 and the Criminal Conviction Guidelines established in accordance with Texas Occupations Code, §53.025.
- (e) In determining the present fitness of a person who has been convicted of a crime, the Commission and/or Executive Director shall consider the factors and guidelines referenced in subsection (d) and the factors listed in Texas Occupations Code, §53.023.
Source Note:The provisions of this §60.40 adopted to be effective July 1, 2009, 34 TexReg 4326.