| (a) In accordance with state law, the commission has developed guidelines relating to the suspension, revocation, or denial of occupational licenses based on criminal background. The offenses that the commission has determined are directly related to the occupational licenses issued by the commission are: (1) an offense for which fraud, dishonesty, or deceit is an essential element; (2) an offense relating to racing, pari-mutuel wagering, gambling, or prostitution; (3) a felony offense of assault, such as those described by Penal Code, Chapter 22; (4) a criminal homicide offense, such as those described by Penal Code, Chapter 19; (5) a burglary offense, such as those described by Penal Code, Chapter 30; (6) a robbery offense, such as those described by Penal Code, Chapter 29; (7) cruelty to animals; (8) a theft offense, such as those described by Penal Code, Chapter 31; (9) an offense relating to the possession, manufacture, or delivery of a controlled substance, a dangerous drug, or an abusable glue or aerosol paint; (10) arson; and (11) a felony offense of driving while intoxicated. (b) The commission has considered the following factors in determining whether or not a particular offense directly relates to a particular occupational license: (1) the nature and seriousness of the crime; (2) the relationship of the crime to the purposes for requiring a license to engage in the occupation; (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) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation. (c) Based on the factors described in subsection (b) of this section, the commission has determined that the offenses described in subsection (a) of this section are directly related to the following occupational licenses. (An "X" on the chart means the offense directly relates to the license.) Attached Graphic |
| Source Note: The provisions of this §303.202 adopted to be effective March 28, 1989, 14 TexReg 1365; amended to be effective May 7, 1991, 16 TexReg 2299; amended to be effective July 1, 1992, 17 TexReg 4343; amended to be effective August 1, 1994, 19 TexReg 5477; amended to be effective January 1, 1999, 23 TexReg 12915; amended to be effective May 23, 2007, 32 TexReg 2750 |
