Pursuant to the requirement of §1702.113(a) of the Occupations Code, individuals who are discharged from the United States Armed Services under other than honorable conditions or who receive "bad conduct discharges" are disqualified from receiving a license, commission, or registration for the following time periods:

1. (1) for five years after the date of discharge if the discharge was based on a criminal offense equivalent to a Class B misdemeanor that would have been disqualifying under §35.42 of this title (relating to Disqualifying Class B Misdemeanor Offenses);
2. (2) for five years after the date of discharge if the discharge was based on a criminal offense equivalent to a Class A misdemeanor that would have been disqualifying under §35.46 of this title (relating to Guidelines for Disqualifying Convictions);
3. (3) for ten years after the date of discharge if the discharge was based on a criminal offense equivalent to a felony that would have been disqualifying under §35.46 of this title (unless subject to paragraph (4) of this section);
4. (4) permanently, if the discharge was based on a criminal offense equivalent to an offense that would be permanently disqualifying under §35.46 of this title; and
5. (5) for five years after the date of discharge if the discharge was for any other reason relating to the occupation for which a license is sought, subject to the discretion of the department.

Source Note:The provisions of this §35.43 adopted to be effective June 11, 2008, 33 TexReg 4528; amended to be effective February 25, 2010, 35 TexReg 1479; amended to be effective November 13, 2011, 36 TexReg 7558.