| (a) Pursuant to Texas Occupations Code, §53.021(a)(1),
the department may deny an application for authorization or revoke
an authorization if the applicant or vendor has been convicted of
a felony or misdemeanor that directly relates to the duties and responsibilities
of an ignition interlock vendor, as provided in this section.
(b) The department has determined the types of offenses
detailed in subsection (b)(1) - (4) of this section directly relate
to the duties and responsibilities of ignition interlock device vendors.
A conviction for an offense within one (1) or more of the categories
in this subsection may result in the denial of an application (initial
or renewal) for a vendor authorization or the revocation of an authorization.
The Texas Penal Code references provided in this subsection are for
illustrative purposes and are not intended to exclude similar offenses
in other state or federal codes. The types of offenses directly related
to the duties and responsibilities of vendors include, but are not
limited to:
(1) Theft (any offense within Texas Penal Code, Chapter
31);
(2) Fraud (any offense within Texas Penal Code, Chapter
32);
(3) Bribery and Corrupt Influence (any offense within
Texas Penal Code, Chapter 36); and
(4) Perjury and Other Falsification (any offense within
Texas Penal Code, Chapter 37).
(c) A felony conviction for one of the offenses listed
in subsection (b) of this section is disqualifying for ten (10) years
from the date of the conviction.
(d) A misdemeanor conviction for one of the offenses
listed in subsection (b) of this section or a substantially similar
offense is disqualifying for five (5) years from the date of conviction.
(e) For the purposes of this chapter, all references
to conviction are to those for which the judgment has become final.
(f) A person who is otherwise disqualified pursuant
to the criteria in this section may submit documentation as detailed
in paragraphs (1) - (8) of this subsection as evidence of his or her
fitness to perform the duties and discharge the responsibilities of
an ignition interlock vendor:
(1) the extent and nature of the person's past criminal
activity;
(2) the age of the person when the crime was committed;
(3) the amount of time that has elapsed since the person's
last criminal activity;
(4) the conduct and work activity of the person before
and after the criminal activity;
(5) evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or after release;
(6) letters of recommendation;
(7) evidence the applicant has:
(A) maintained a record of steady employment;
(B) supported the applicant's dependents;
(C) maintained a record of good conduct; and
(D) paid all outstanding court costs, supervision fees,
fines, and restitution ordered in any criminal case in which the applicant
has been convicted; and
(8) any other evidence relevant to the person's fitness
for the certification sought.
(g) The failure to provide the required documentation
in a timely manner may result in the proposed action being taken against
the application or license.
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