37 Tex. Admin. Code § 344.410
A variance under §349.200 of this title may not be requested for any Class A misdemeanor or felony unless the person received a pardon based upon proof of innocence or the reversal of a finding of guilt by a trial or appellate court.
Source Note:The provisions of this §344.410 adopted to be effective January 1, 2010, 34 TexReg 4191; amended to be effective September 1, 2010, 35 TexReg 7080.