1. (a) The board shall follow the requirements of Chapter 53, Texas Occupations Code, and shall revoke the license or registration of any license or registration holder on the grounds of the license or registration holder's imprisonment following:

   1. (1) a felony conviction for:

      1. (A) an offense that directly relates to the duties and responsibilities of the licensed occupation as determined by the board;
      2. (B) an offense listed in Article 42A.054 Code of Criminal Procedure; or
      3. (C) a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure.
   2. (2) a felony community supervision revocation;
   3. (3) revocation of parole; or
   4. (4) revocation of mandatory supervision.
2. (b) With the exception of the felony convictions listed in subsection (a)(1) of this section, the board shall follow the requirements of Chapter 53, Texas Occupations Code, and may revoke the license or registration of any license or registration holder on the grounds of the license or registration holder's imprisonment following a felony conviction.

3. (c) The board shall follow the requirements of Chapter 53, Texas Occupations Code, and shall revoke the provisional license or registration of any provisional license or registration holder if the provisional license or registration holder:

   1. (1) commits a new offense;
   2. (2) commits an act or omission that causes the provisional license or registration holder's community supervision, mandatory supervision, or parole to be revoke, if applicable; or
   3. (3) violates the law or rules governing the practice of the occupation for which the provisional license or registration was issued.
4. (d) The board, after it considers the factors provided in Texas Occupations Code §53.022 and §53.023, may take any of the actions set out in §139.31 of this chapter (relating to Enforcement Actions for Violations of the Acts or Board Rules) when a license or registration holder is convicted of a misdemeanor or a felony without incarceration if the crime directly relates to the license holder's duties and responsibilities as a professional engineer or professional land surveyor.
5. (e) Any license or registration holder whose license or registration has been revoked under the provisions of this subsection may apply for a new license or registration upon release from incarceration, but the application shall be subject to additional scrutiny relating to the incarceration. Such scrutiny shall be in accordance with Chapter 53, Texas Occupations Code.

Source Note:The provisions of this §139.43 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective January 1, 2006, 30 TexReg 8689; amended to be effective December 21, 2008, 33 TexReg 10182; amended to be effective December 25, 2020, 45 TexReg 9206; amended to be effective January 7, 2026, 51 TexReg 140.