| (a) In accordance with state law, the commission may revoke,
suspend, or deny a license or the stewards or racing judges may suspend or
deny a license to a person because of the person's conviction of a felony
or misdemeanor if the offense directly relates to the person's present fitness
to perform the duties and responsibilities associated with the license.
(b) In determining whether or not an offense directly relates
to a person's present fitness to perform the duties and responsibilities associated
with the license, the commission or stewards or racing judges shall consider
the relationship between the offense and the particular license applied for
and the following factors:
(1) the extent and nature of the person's past criminal activity;
(2) the age of the person at the time of the commission
of the crime;
(3) the amount of time that has elapsed since the person's
last criminal activity;
(4) the conduct and work activity of the person prior
to and following the criminal activity;
(5) evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or following release; and
(6) other evidence presented by the person of the person's
present fitness, including letters of recommendation from:
(A) prosecution, law enforcement, and correctional officers
who prosecuted, arrested, or had custodial responsibility for the person;
(B) the sheriff or chief of police in the community where
the person resides; or
(C) any other persons in contact with the convicted person.
(c) The executive secretary may develop guidelines regarding
the factors listed in subsection (b) of this section and how the factors relate
to the offenses listed in §303.202 of this title (relating to General
Provisions.)
(d) On learning of the felony conviction, felony probation
revocation, revocation of parole, or revocation of mandatory supervision of
a licensee, the commission shall revoke the licensee's license.
|
| Source Note: The provisions of this §303.201 adopted to be effective March 28, 1989, 14 TexReg 1365; amended to be effective July 1, 1992, 17 TexReg 4343; amended to be effective January 1, 1999, 23 TexReg 12915 |
