(a)For the purposes of Texas Occupations Code, Chapter
53, §§1101.354, 1102.107, 1102.108, 1102.109, and §535.400(f)
of this title, the Texas Real Estate Commission considers that a deferred
adjudication deemed a conviction under §53.021 or a conviction
of the following criminal offenses directly relate to the duties and
responsibilities of a real estate broker, real estate salesperson,
easement or right-of-way agent, professional inspector, real estate
inspector or apprentice inspector for the reason that the commission
of the offenses tends to demonstrate the person's inability to represent
the interest of another with honesty, trustworthiness, and integrity:
(1)offenses involving fraud or misrepresentation;
(2)offenses involving forgery, falsification of records,
or perjury;
(3)offenses involving the offering, paying, or taking
of bribes, kickbacks, or other illegal compensation;
(4)offenses against real or personal property belonging
to another;
(5)offenses against the person;
(6)offenses against public administration;
(7)offenses involving the sale or other disposition
of real or personal property belonging to another without authorization
of law;
(8)offenses involving moral turpitude;
(9)offenses in violation of Chapter 21, Texas Penal
Code (sexual offenses);
(10)offenses for which the person has been required
to register as a sex offender under Chapter 62, Texas Code of Criminal
Procedure;
(11)felonies involving the manufacture, delivery,
or intent to deliver controlled substances;
(12)offenses of attempting or conspiring to commit
any of the foregoing offenses;
(13)offenses involving aiding and abetting the commission
of an offense listed in this section;
(14)repeated violations of one criminal statute or
multiple violations of different [any] criminal
statutes [statute evidencing a disregard for or inability
to comply with the law];
(15)felonies involving driving while intoxicated (DWI)
or driving under the influence (DUI); and
[(16)any other offense that the Commission
determines is directly related to an occupation regulated by the Commission
using the factors described in subsection (b) of this section.]
(b)In determining whether a criminal offense not listed
in subsection (a) of this section [or any other criminal offense]
is directly related to an occupation regulated by the Commission,
the Commission shall consider [and make appropriate findings
of fact in a contested case upon the following factors]:
(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) - (d)(No change.)
The
agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on November 16, 2017
TRD-201704668 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: December 31, 2017
For further information, please call: (512) 936-3092
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