1. (a) Pursuant to the requirement of §1702.113(b), the following Class B misdemeanor offenses (as reflected in the Texas Penal Code) shall be disqualifying for five years from the date of conviction:

   1. (1) 22.01 Assault (by threat or offensive contact with sports participant).
   2. (2) 22.07 Terroristic threat.
   3. (3) 25.04 Enticing a child from lawful custody.
   4. (4) 31.03 Theft ($50 to $500).
   5. (5) 32.41 Issuance of bad check (for child support).
   6. (6) 32.45 Misapplication of fiduciary property.
   7. (7) 32.46 Securing execution of a document by deception.
   8. (8) 37.08 False report to police officer.
   9. (9) 37.12 False identification as peace officer.
   10. (10) 39.02 Abuse of official capacity.
   11. (11) 39.05 Failure to report death of prisoner.
   12. (12) 42.01 Disorderly conduct (firearm in public place).
   13. (13) 42.02 Riot.
   14. (14) 42.061 Silent or Abuse Calls to 911 Service.

2. (b) Pursuant to the requirement of §1702.113(b), the following Class B misdemeanors (as reflected in the Texas Penal Code) are disqualifying for five years from the date of conviction, subject to the discretionary authority of the Manager (as delegated by the Board) to consider mitigating circumstances:

   1. (1) 21.08 Indecent exposure.
   2. (2) 30.05 Criminal Trespass (not habitation).
   3. (3) 31.12 Theft of or tampering with multichannel video or information services (and conviction).
   4. (4) 32.52 Fraudulent, Substandard or Fictitious Degree.
   5. (5) 33.02 Breach of computer security.
   6. (6) 33.A.02 Unauthorized use of telecommunications service (less than $500).
   7. (7) 33.A.04 Theft of telecommunications service (less than $500).
   8. (8) 38.02 Failure to identify (if a fugitive).
   9. (9) 38.04 Evading arrest or detention.
   10. (10) 42.07 Harassment.
3. (c) Class B misdemeanors not listed in subsections (a) or (b) of this section are not disqualifying under §1702.113.

Source Note:The provisions of this §35.42 adopted to be effective June 11, 2008, 33 TexReg 4528.