- (a) Under Texas Occupations Code, §53.021(b)(1)(A), a license holder's license is automatically revoked by operation of law on the license holder's imprisonment after a felony conviction for an offense that directly relates to the duties and responsibilities of the licensed occupation.
- (b) The department has determined, under the factors listed in Texas Occupations Code, §53.022, that the offenses detailed in subsections (c) through (g) of this section directly relate to the duties and responsibilities of license holders under Texas Occupations Code, §53.021(b)(1)(A). Such offenses include offenses under the laws of the United States or another state of the United States if the offense contains elements that are substantially similar to the elements of an offense under the laws of this state, except as otherwise stated in this subchapter.
(c) The following offenses apply to a license:
- (1) an offense involving the smuggling of a person, as described by Texas Penal Code, Chapter 20;
- (2) an offense involving the use or intended use of a motor vehicle, as described by Texas Penal Code, §20.07;
- (3) an offense against public administration, as described by Texas Penal Code, Chapters 36 or 37;
- (4) an offense involving the obstruction of a highway or other passageway as described by Texas Penal Code, §42.03;
- (5) an offense involving intoxication while operating a motor vehicle, as described by Texas Penal Code, Chapter 49;
- (6) an offense involving the delivery or intent to deliver a controlled substance, simulated controlled substance, or dangerous drug, as described by Texas Health and Safety Code, Chapter 481, 482, or 483;
- (7) an offense as described by Texas Transportation Code, §548.6035 or §644.151; and
- (8) an offense of attempting or conspiring to commit any of the foregoing offenses.
(d) The following additional felony offenses apply to a motor carrier of passengers:
- (1) an offense against the person, as described by Texas Penal Code, Title 5;
- (2) an offense against the family, as described by Texas Penal Code, §§25.04, 25.07, 25.072, 25.08, or 25.11;
- (3) an offense against tangible personal property, a document, or cargo belonging to another, as described by Texas Penal Code, Chapters 28, 29, or 31;
- (4) an offense against public order and decency, as described by Texas Penal Code §§43.24, 43.251, or 43.262;
- (5) a reportable offense conviction under Texas Code of Criminal Procedure, Chapter 62 for which the person must register as a sex offender; and
- (6) an offense of attempting or conspiring to commit any of the foregoing offenses.
(e) The following additional felony offenses apply to a for-hire motor carrier of any cargo, including household goods and hazardous materials:
- (1) an offense against the person, as described by Texas Penal Code, Title 5;
- (2) an offense against tangible personal property, a document, or cargo belonging to another, as described by Texas Penal Code, Chapters 28, 29, 30, 31, or 32;
- (3) a reportable offense conviction under Texas Code of Criminal Procedure, Chapter 62 for which the person must register as a sex offender; and
- (4) an offense of attempting or conspiring to commit any of the foregoing offenses.
(f) The following additional felony offenses apply to a household goods carrier:
- (1) an offense against real property belonging to another, as described by Texas Penal Code, Chapters 28 or 30;
- (2) an offense against public order and decency, as described by Texas Penal Code §§43.24, 43.251, or 43.262; and
- (3) an offense of attempting or conspiring to commit any of the foregoing offenses.
(g) The following additional felony offenses apply to a motor carrier who transports hazardous materials:
- (1) an offense related to hazardous material, waste disposal, water contamination, air pollution, or other environmental offense under a Texas statute or administrative rule;
- (2) a federal statute or regulation of the United States related to hazardous material, waste disposal, water contamination, air pollution, or other environmental offense; or
- (3) the laws of another state of the United States related to hazardous material, waste disposal, water contamination, air pollution, or other environmental offense, if the offense contains elements that are substantially similar to the elements of an offense under Texas law or a law of the United States.
- (h) If a license holder's imprisonment occurs on or after May 1, 2026, for a conviction for any offense described by subsections (c) through (g) of this section, the license holder's license is automatically revoked on the date of the imprisonment if at least one of the offenses that resulted in the imprisonment falls within the scope of any offense described in subsections (c) through (g) of this section that applies to that license holder's type of operation.
Source Note:The provisions of this §211.25 adopted to be effective May 1, 2026, 51 TexReg 2772.