1. (a) Unless revocation is explicitly authorized by law, the commission may suspend any license issued by the commission to a constitutionally elected licensee if the licensee:

   1. (1) violates any provision of these sections;
   2. (2) violates any provision of the Occupations Code, Chapter 1701;
   3. (3) is convicted of a criminal offense;
   4. (4) is charged with the commission of a misdemeanor, adjudication is deferred, and the licensee is placed on community supervision; or
   5. (5) has previously received two written reprimands from the commission.

2. (b) The commission may suspend a license even though it may have become inactive by some other means, such as:

   1. (1) expiration;
   2. (2) voluntary surrender;
   3. (3) two-year break in service; or
   4. (4) any other means.
3. (c) If a licensee is charged with the commission of a felony, adjudication is deferred, and the licensee is placed on community supervision, the commission shall immediately suspend any license held for a period of 20 years. The suspension of any license under this subsection is effective immediately when the commission receives a certified copy of a court's judgment and issues notice to the licensee via certified mail that any license held is suspended.
4. (d) If a judgment and sentence is entered resulting in a misdemeanor conviction above the grade of a Class C misdemeanor, the term of suspension shall be ten years.
5. (e) The commission may suspend for not less than six months and not more than 24 months the license of a constitutionally elected officer convicted or who receives a deferred adjudication for a Class C misdemeanor that was directly related to the duties and responsibilities of office, after the commission has considered, where applicable, the factors listed in the revocation section.
6. (f) If the court's judgment or adjudication is deferred for any misdemeanor above the grade of Class C misdemeanor or any family violence offense, and the licensee is then placed on community supervision, the term of suspension shall be equal to the actual time served on community supervision.

7. (g) If a license can be suspended for a community supervision or misdemeanor conviction, the commissioners may, in their discretion and upon proof of mitigating factors, either:

   1. (1) probate all or part of the suspension term during a probation term of up to twice the maximum suspension term; or
   2. (2) issue a written reprimand in lieu of suspension.

8. (h) If a license can be suspended for any other reason, the commission, through its executive director may, in its discretion and upon proof of the same mitigating factors, either:

   1. (1) probate all or part of the suspension term during a probation term of up to twice the maximum suspension term; or
   2. (2) issue a written reprimand in lieu of suspension.

9. (i) In evaluating whether mitigating circumstances exist, the commission will consider the following factors:

   1. (1) the licensee's history of compliance with the terms of community supervision;
   2. (2) the licensee's continuing rehabilitative efforts not required by the terms of community supervision;
   3. (3) the licensee's employment record;
   4. (4) whether the disposition offense contains an element of actual or threatened bodily injury or coercion against another person under the Texas Penal Code or the law of the jurisdiction where the offense occurred;
   5. (5) the required mental state of the disposition offense;
   6. (6) whether the conduct resulting in the arrest resulted in the loss of or damage to property or bodily injury;
   7. (7) the type and amount of restitution made by the licensee;
   8. (8) the licensee's prior community service;
   9. (9) the licensee's present value to the community; and
   10. (10) the licensee's post-arrest accomplishments.

10. (j) A suspension or probation may be ordered to run concurrently or consecutively with any other suspension or probation. The beginning date of a probation must be within the term of suspension. The beginning date of the suspension shall be:

    1. (1) any date agreed to by both parties, which is no earlier than the date of the rule violation;
    2. (2) the date the licensee notifies the commission in writing of the rule violation if the commission later receives a signed waiver of suspension from the licensee that was postmarked within 30 days of its receipt; or
    3. (3) the date the commission final order is entered in a contested case or the date it becomes effective, if that order is appealed.
11. (k) The executive director shall inform the commissioners of any such probation or reprimand no later than at their next regular meeting. If probated either way, a suspension may not be probated for less than six months.

12. (l) The commission may impose reasonable terms of probation, such as:

    1. (1) continued employment requirements;
    2. (2) special reporting conditions;
    3. (3) special document submission conditions;
    4. (4) voluntary duty requirements;
    5. (5) no further rule or law violations; or
    6. (6) any other reasonable term of probation.

13. (m) A probated license remains probated until:

    1. (1) the term of suspension has expired;
    2. (2) all other terms of probation have been fulfilled; and
    3. (3) a written request for reinstatement has been received and accepted by the commission from the licensee unless the probation has been revoked by the commission for violation of probation; or
    4. (4) until revoked.
14. (n) Twelve months may be added to the term of a new suspension for each separate previous violation that has resulted in either a license suspension, a probated suspension, or a written reprimand before the beginning date of the new suspension.
15. (o) Before reinstatement, the probation of a suspended license may be revoked upon a showing that any of its terms have been violated before the expiration date of the probation regardless of when the petition is filed. Upon revocation, the full term of suspension shall be imposed with credit for any time already served on that suspension.
16. (p) Once a license has been suspended, the suspension probated, the probation revoked, or the licensee reprimanded, the commission shall send, by regular mail, notice of the action to the chief administrator of any agency shown to have the licensee under either current or latest appointment.

17. (q) A suspended license remains suspended until:

    1. (1) the term of suspension has expired and the term of court-ordered community supervision has been completed; and
    2. (2) a written request for reinstatement has been received from the licensee and accepted by the commission; or
    3. (3) the remainder of the suspension is probated and the license is reinstated.
18. (r) The effective date of this section is July 6, 2009.

Source Note:The provisions of this §223.16 adopted to be effective September 1, 2004, 29 TexReg 6125; amended to be effective July 6, 2009, 34 TexReg 4350.