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 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) refuse to renew a certificate;
   4. (4) suspend or revoke an existing certificate; or
   5. (5) limit the terms or practice of a certificate holder to areas prescribed by the commission.

3. (c) 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) refuse to renew a certificate;
   4. (4) suspend or revoke an existing certificate; or
   5. (5) 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.