(a) The special nature of the relationship between
licensees, insurance companies, other insurance-related entities,
discount health care programs, and the public with respect to insurance
and related businesses regulated by the department requires that the
public trust and rely on licensees because of the complex and varied
nature of insurance, insurance-related products, and discount health
care programs.
(b) Fire protection systems and equipment are often
technically sophisticated beyond the knowledge or understanding of
the average consumer. During times of imminent personal danger, the
public relies on licensees to have correctly designed, installed,
and serviced fire protection systems and equipment to operate the
first time and each time they are needed. Additionally, licensees
are often permitted to service these systems unescorted in nursing
homes, schools, day care centers, and commercial facilities where
children and those unable to protect themselves are present and valuables
are located. Finally, the manufacturing, storing, selling, and discharge
of fireworks requires numerous special precautions to maintain a safe
environment for the licensees and the public. Each of these factors
requires the public to trust and rely on these individuals.
(c) The department considers it very important that
license and authorization holders and applicants, including those
regulated under the State Fire Marshal's Office, the officers, directors,
members, managers, partners, and any other persons who have the right
to control a license or authorization holder or applicant, and the
members of boards of directors of insurance companies, be honest,
trustworthy, and reliable.
(d) After notice and opportunity for hearing and, as
applicable, consideration of the factors addressed in subsection (e)
of this section, in accordance with Texas Occupations Code §53.021
the department may refuse to issue an original license or authorization
and may revoke, suspend, or refuse to renew a license or authorization
if the department determines that the applicant or license or authorization
holder, or any partner, officer, director, member, manager, or any
other person who has the right to control the applicant or license
or authorization holder, has been convicted of or placed on deferred
adjudication for:
(1) an offense that directly relates to the duties
and responsibilities of the licensed occupation;
(2) an offense listed in Code of Criminal Procedure
Article 42A.054; or
(3) a sexually violent offense as defined by Code of
Criminal Procedure Article 62.001.
(e) The department will consider the factors specified
in Occupations Code §53.022 and §53.023 in determining whether
to issue an original license or authorization or revoke, suspend,
or refuse to renew a license or authorization under subsection (d)
of this section.
(f) In accordance with the requirements of Texas Occupations
Code §53.025, the department has developed guidelines relating
to the matters the department will consider in determining whether
to grant, deny, suspend, or revoke any license or authorization under
its jurisdiction. Those crimes that the department considers to be
of such serious nature that they are directly related to the duties
and responsibilities of the licensed occupation or are of prime importance
in determining fitness for licensure or authorization include:
(1) any offense for which fraud, dishonesty, or deceit
is an essential element;
(2) any criminal violation of the Texas Insurance Code
or an offense pertaining to the financial industry or business of
insurance under any state or federal law or any law of a foreign country
or the Uniform Code of Military Justice, including:
(A) a fraud offense, as described by Penal Code Chapter
32;
(B) money laundering, as described by Penal Code Chapter
34;
(C) insurance fraud, as described by Penal Code Chapter
35;
(D) health care fraud, as described by Penal Code Chapter
35A; or
(E) engaging in the unauthorized business of insurance,
as described by Insurance Code §101.106;
(3) any felony involving moral turpitude or breach
of fiduciary duty;
(4) any offense with the essential elements of:
(A) a criminal solicitation offense, as described by
Penal Code §15.03 or §15.031;
(B) a criminal homicide offense, as described by Penal
Code Chapter 19;
(C) a kidnapping or unlawful restraint offense, as
described by Penal Code Chapter 20;
(D) an offense related to the smuggling of persons
or the trafficking of persons, as described by Penal Code Chapter
20 or 20A;
(E) a sexual offense, as described by Penal Code Chapter
21;
(F) an assaultive offense, as described by Penal Code
Chapter 22;
(G) an offense against the family, as described by
Penal Code Chapter 25;
(H) an arson or property damage offense, as described
by Penal Code Chapter 28;
(I) a robbery offense, as described by Penal Code Chapter
29;
(J) a burglary offense, as described by Penal Code
Chapter 30;
(K) a theft offense, as described by Penal Code Chapter
31;
(L) online solicitation of a minor, as described by
Penal Code §33.021;
(M) a bribery or corrupt influence offense, as described
by Penal Code Chapter 36;
(N) a perjury or falsification offense, as described
by Penal Code Chapter 37;
(O) a stalking offense, as described by Penal Code §42.072;
(P) an offense against public order and decency, as
described by Penal Code Chapter 43;
(Q) a weapons offense, as described by Penal Code Chapter
46;
(R) an intoxication assault or manslaughter offense,
as described by Penal Code §49.07 or §49.08;
(S) an organized crime offense, as described by Penal
Code Chapter 71; or
(T) an offense relating to the manufacture, delivery,
or possession with intent to manufacture or deliver, a controlled
substance, a simulated controlled substance, a dangerous drug, or
a volatile chemical;
(5) any offense described by Code of Criminal Procedure
Article 42A.054;
(6) a sexually violent offense as described by Code
of Criminal Procedure Article 62.001;
(7) any criminal attempt or conspiracy to commit any
offense listed under this section, as described by Penal Code §15.01
or §15.02; or
(8) any offense under the laws of another state, federal
law, the laws of a foreign country, or the Uniform Code of Military
Justice if the offense contains elements that are substantially similar
to the elements of an offense listed under this section.
(g) The department will consider any specific criteria
the legislature has set out for any license or authorization in considering
whether to grant, deny, suspend, or revoke such license or authorization.
(h) The department will revoke a license or authorization
on the holder's imprisonment following a felony conviction, felony
community supervision revocation, revocation of parole, or revocation
of mandatory supervision.
(i) No person currently serving in prison for conviction
of a felony under any state or federal law is eligible to obtain a
license or authorization issued by the department.
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