1. (a) The commission shall immediately revoke any license issued by the commission if the licensee is or has been convicted of a felony offense as provided in subsection (b), (c) and (d) of this section. The revocation of any license held is effective immediately when the commission receives a certified copy of a court's judgment and issues notice to the licensee that any license held is revoked. Notice of revocation shall be sent via certified U.S. Mail to the address shown on the Texas driver's license record of the licensee and to the address of the agency showing the licensee under current or last appointment.

2. (b) A person is convicted of a felony when an adjudication of guilt on a felony offense is entered against that person by a court of competent jurisdiction whether or not:

   1. (1) the sentence is subsequently probated and the person is discharged from community supervision;
   2. (2) the accusation, complaint, information, or indictment against the person is dismissed and the person is released from all penalties and disabilities resulting from the offense; or
   3. (3) the person is pardoned for the offense, unless the pardon is expressly granted for subsequent proof of innocence.

3. (c) The commission will construe any disposition for a criminal offense to be its closest equivalent under the Texas Penal Code classification of offenses if the offense arose from:

   1. (1) another provision of the Texas law; or
   2. (2) a provision of any other state, federal, military, tribal, or foreign jurisdiction.

4. (d) The commission may revoke the license of a person who is either convicted of a misdemeanor offense or placed on deferred adjudication community supervision for a misdemeanor or felony offense, if the offense directly relates to the duties and responsibilities of any related office held by that person. In determining whether a criminal offense directly relates to such office, the commission shall, under this subsection, consider:

   1. (1) the nature and seriousness of the crime;
   2. (2) the relationship of the crime to the purpose for requiring a license for such office;
   3. (3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and
   4. (4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of such office.

5. (e) The commission shall revoke any license issued by the commission if the licensee:

   1. (1) has a court martial resulting in a dishonorable or bad conduct discharge;
   2. (2) has made, submitted, caused to be submitted, or filed a false or untruthful report to the commission;
   3. (3) has been found to be in unauthorized possession of any commission licensing examination or portion of a commission licensing examination, or a reasonable facsimile thereof; or
   4. (4) violates any section where revocation is the penalty noted.

6. (f) Revocation of a license shall permanently disqualify a person from licensing and a license may not be reinstated except when the licensee proves the facts supporting the revocation have been negated, such as:

   1. (1) the felony conviction has been reversed or set aside on direct or collateral appeal, or a pardon based on subsequent proof of innocence has been issued;
   2. (2) the dishonorable or bad conduct discharge has been upgraded to above dishonorable or bad conduct conditions;
   3. (3) the report alleged to be false or untruthful was found to be truthful; or
   4. (4) the section was not violated.
7. (g) During the direct appeal of any appropriate conviction, a license may be revoked pending resolution of the mandatory direct appeal. The license will remain revoked unless and until the holder proves that the conviction has been set aside on appeal.
8. (h) The holder of any revoked license may informally petition the executive director for reinstatement of that license based upon proof by the licensee that the facts supporting the revocation have been negated.
9. (i) If granted, the executive director shall inform the commissioners of such action no later than at their next regular meeting.
10. (j) If denied, the holder of a revoked license may petition the commission for a hearing to determine reinstatement based upon the same proof.
11. (k) Once a license has been revoked, the commission shall search its files and 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.

12. (l) The date of revocation will be the earliest date that:

    1. (1) a waiver was signed by the holder; or
    2. (2) a final order of revocation was signed by the commissioners.
13. (m) The effective date of this section is July 14, 2011.

Source Note:The provisions of this §223.19 adopted to be effective March 1, 2001, 26 TexReg 239; amended to be effective October 5, 2008, 33 TexReg 8190; amended to be effective October 28, 2010, 35 TexReg 9116; amended to be effective July 14, 2011, 36 TexReg 3935.