1. (a) The guidelines established in this chapter apply to a person who holds or applies for any certificate issued under the Commission's regulatory authority contained in Government Code, Chapter 419.
2. (b) When a person is charged with, or convicted of a crime of a sexual nature, the conviction of which would require the individual to be registered as a sex offender under Chapter 62 of the Code of Criminal Procedure; or

3. (c) When a person engages in conduct that is an offense under Title 7 of the Texas Penal Code, or a similar offense under the laws of the United States of America, another state, or other jurisdiction, the person's conduct directly relates to the competency and reliability of the person to assume and discharge the responsibilities of fire protection personnel. Such conduct includes, but is not limited to, intentional or knowing conduct, without a legal privilege, that causes or is intended to cause a fire or explosion with the intent to injure or kill any person or animal or to destroy or damage any property. The Commission may consider the person's conduct even though a final conviction has not occurred and may:

   1. (1) deny to a person the opportunity to be examined for a certificate;
   2. (2) deny the application for a certificate;
   3. (3) grant the application for a new certificate with the condition that a probated suspension be placed on the newly granted certificate;
   4. (4) refuse to renew a certificate;
   5. (5) suspend, revoke or probate the suspension or revocation of an existing certificate; or
   6. (6) limit the terms or practice of a certificate holder to areas prescribed by the Commission.

4. (d) When a person's criminal conviction of a felony or misdemeanor directly relates to the duties and responsibilities of the holder of a certificate issued by the Commission, the Commission may:

   1. (1) deny to a person the opportunity to be examined for a certificate;
   2. (2) deny the application for a certificate;
   3. (3) grant the application for a new certificate with the condition that a probated suspension be placed on the newly granted certificate;
   4. (4) refuse to renew a certificate;
   5. (5) suspend, revoke or probate the suspension or revocation of an existing certificate; or
   6. (6) limit the terms or practice of a certificate holder to areas prescribed by the Commission.

Source Note:The provisions of this §403.3 adopted to be effective May 23, 1999, 24 TexReg 3860; amended to be effective March 8, 2001, 26 TexReg 2042; amended to be effective February 17, 2004, 29 TexReg 1412; amended to be effective November 28, 2007, 32 TexReg 8522.