(a) No currently incarcerated individual will be eligible to
obtain or renew an appraiser license or certification.
(b) As provided in Texas Civil Statutes, Article 6252-13c,
the board may suspend or revoke an existing valid license or certification,
disqualify an individual from receiving a license or certification, or deny
to a person the opportunity to be examined for a license or certification
because of a person's conviction of a felony or misdemeanor if the crime directly
relates to the duties and responsibilities of the licensed or certified occupation.
The board shall revoke the license or certification, or authorization as an
appraiser trainee, or non-resident temporary practice registration of an individual
upon his felony conviction, felony probation revocation, revocation of parole,
or revocation of mandatory supervision.
(c) The Texas Appraiser Licensing and Certification Board considers
it very important that persons who are licensed or certified, persons who
are candidates to be licensed or certified, and persons who are training to
be licensed or certified be honest, trustworthy, and reliable. The public
necessarily reposes a great deal of trust and reliance upon licensed and certified
appraisers because of the complex nature of appraisal valuation, and such
relationship should not be undermined. When entering onto another's business
or residential property or when representing the interests of another, an
appraiser must have the ability to conduct himself or herself with honesty,
trustworthiness, reliability, and integrity. Thus, the board deems the following
felonies and misdemeanors directly related to the occupation of licensed or
certified appraisers or appraiser trainees:
(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
foregoing offenses.
(d) In determining whether a criminal offense is directly related
to an occupation, the board shall consider the following factors:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for requiring
a license or certification to engage in the occupation;
(3) the extent to which a license or certification might offer
an opportunity to engage in further criminal activity of the same type as
that which the person had previously 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 or certified occupation.
(e) In addition to the factors that may be considered under
subsection (b) of this section, the board, 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.
(f) It shall be the responsibility of the applicant to the
extent possible to secure and provide the board 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 board that
he or she has maintained a record of steady employment and has supported his
or her dependents and 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 §153.19 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective April 1, 1993, 18 TexReg 1680; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective April 1, 2001, 26 TexReg 2163 |