1. (a) The commission may suspend or revoke a license, disqualify a person from receiving a license, or deny to a person the opportunity to take a licensing examination on the grounds that the person has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of an occupation required to be licensed by Texas Occupations Code, chapter 651 (chapter 651).
2. (b) The commission shall revoke the license of a person who is imprisoned following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision.
3. (c) A person in prison is ineligible for licensure.

4. (d) The commission shall consider the following factors in determining whether a criminal conviction directly relates to an occupation required to be licensed by chapter 651:

   1. (1) the nature and seriousness of the crime;
   2. (2) the relationship of the crime to the purposes for requiring a license to engage in the occupation;
   3. (3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and
   4. (4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation.

5. (e) If a person has been convicted of a crime, the commission shall consider the following in determining a person's fitness to perform the duties and discharge the responsibilities of a chapter 651 occupation:

   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;

   6. (6) 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; and

   7. (7) evidence that the applicant has:

      1. (A) maintained a record of steady employment;
      2. (B) supported the applicant's dependents;
      3. (C) maintained a record of good conduct; and
      4. (D) paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant has been convicted.

6. (f) The following are related to the occupations of funeral directing or embalming because they are classified as Class B misdemeanors by Occupations Code, Section 651.602:

   1. (1) acting or holding oneself out as a funeral director, embalmer, or provisional license holder without being licensed under this chapter;
   2. (2) making a first call in a manner that violates Section 651.401;
   3. (3) engaging in a funeral practice that violates chapter 651 or a rule adopted under chapter 651; or
   4. (4) violating Chapter 154, Finance Code, or a rule adopted under that chapter, regardless of whether the Texas Department of Banking or another governmental agency takes action relating to the violation.
7. (g) The commission of acts within the definition of Abuse of Corpse, Penal Code, Section 42.08, is related to the chapter 651 occupations because those acts indicate a lack of respect for the dead.

8. (h) The crimes listed in (1)-(3) relate to the chapter 651 occupations because the commission of each reflects a lack of respect for human life and dignity or a lack of fitness to practice the occupations.

   1. (1) a misdemeanor or felony offense involving:

      1. (A) murder;
      2. (B) assault;
      3. (C) burglary;
      4. (D) robbery;
      5. (E) theft;
      6. (F) sexual assault;
      7. (G) injury to a child;
      8. (H) injury to an elderly person;
      9. (I) child abuse or neglect;
      10. (J) tampering with a governmental record;
      11. (K) forgery;
      12. (L) perjury;
      13. (M) bribery;
      14. (N) harassment;
      15. (O) insurance claim fraud; or
      16. (P) mail fraud;
   2. (2) delivery, possession, manufacture, or use of or the dispensing or prescribing a controlled substance, dangerous drug, or narcotic; or
   3. (3) violations of the Penal Code, Titles 4, 5, 7, 9, and 10, which indicate an inability or tendency for the person to be unable to perform as a licensee or to be unfit for licensure or registration if action or inaction by the commission will protect the public health, safety, and welfare.
9. (i) An applicant for licensure shall disclose in writing to the commission any conviction against him or her at the time of application. A current licensee shall disclose in writing to the commission any conviction at the time of renewal or no later than 30 days after judgment in the trial court, whichever date is earlier.
10. (j) Upon notification of a conviction, the commission shall provide a copy of this section to the person and request that the person respond by filing information demonstrating why the commission should not deny the application or take disciplinary action against the person, if already licensed or registered. The response must be filed with the commission within 21 days of the date of receipt of notice from the commission. An applicant for licensure is responsible for filing documentation that will allow the commission to conduct an analysis under subsection (e) of this section.

Source Note:The provisions of this §203.33 adopted to be effective September 10, 2003, 28 TexReg 7706.