| (a) For the purposes of Texas Civil Statutes, Article 6252-13c, the Texas Real Estate Commission considers the following felonies or misdemeanors to be criminal offenses which may be directly related to the duties and responsibilities of the occupation of real estate broker, real estate salesperson, professional inspector, real estate inspector or apprentice inspector for the reason that the commission of the following criminal offenses tends to demonstrate inability to represent the interest of another with honesty, trustworthiness and integrity: (1) offenses involving fraud or misrepresentation; (2) offenses against real or personal property belonging to another, if committed knowingly or intentionally; (3) offenses against public administration; (4) offenses involving the sale or other disposition of real or personal property belonging to another without authorization of law;
(5) offenses involving moral turpitude; and (6) offenses of attempting or conspiring to commit any of the offenses listed in this section. (b) In determining whether a criminal offense is directly related to an occupation, 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) In addition to
the factors that may be considered under subsection (b) of this section, the commission, in determining the present fitness of a person who has been convicted of a crime, shall consider the following evidence: (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 of the person's present fitness, including letters of recommendation from: prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person;
the sheriff and chief of police in the community where the person resides; and any other persons in contact with the convicted person. (d) It shall be the responsibility of the applicant to the extent possible to secure and provide to the commission the recommendations of the prosecution, law enforcement, and correctional authorities; the applicant shall also furnish proof in such form as may be required by the commission that he or she has maintained a record of steady employment and has supported his or her dependents and has otherwise maintained a record of good conduct and has paid all outstanding court costs, supervision fees, fines, and restitution as may have been ordered in all criminal cases in which he or she has been convicted.
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| Source Note: The provisions of this §541.1 adopted to be effective May 19, 1982, 7 TexReg 1748; amended to be effective November 9, 1990, 15 TexReg 6189; amended to be effective December 8, 1992, 17 TexReg 8234; amended to be effective February 23, 1998, 23 TexReg 1568.
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