| (a) Texas Occupations Code, Chapter 53 provides that
the commission or executive director may suspend or revoke an existing
license, disqualify a person from receiving a license, or deny a person
the opportunity to take a licensing examination if the person has
been convicted of an offense listed under §53.021(a) or has a
deferred adjudication that qualifies as a conviction under §53.021(d).
Any such action shall be made after consideration of the factors listed
in Texas Occupations Code §53.022 and §53.023 and the guidelines
issued by the department under §53.025.
(b) Pursuant to Texas Occupations Code §51.355,
a person whose license is revoked by order of the commission or the
executive director based on the person's criminal history must wait
one year from the date of revocation before applying for a new license.
(c) Except as provided in subsection (d), the following
provisions apply to persons who are incarcerated or imprisoned.
(1) A person who is incarcerated because of a felony
conviction is not eligible to obtain a license or renew a previously
issued license under this chapter or any statute governing a program
regulated by the department.
(2) A person whose license is revoked by operation
of law pursuant to Texas Occupations Code §53.021(b) must wait
until release from imprisonment before applying for a new license.
(d) Notwithstanding subsection (c), the department
may:
(1) issue a student permit under Texas Occupations
Code, Chapter 1603, to a person enrolled in a school administered
by the Windham School District or the Texas Department of Criminal
Justice; or
(2) in accordance with Texas Occupations Code §51.4014,
accept a license application from a person who is in the custody of
the Texas Department of Criminal Justice, is scheduled for release
from incarceration or imprisonment within the next 90 days, and who:
(A) previously held a license of the same type for
which the person is applying; or
(B) has completed a relevant course of study in the
Windham School District, or other program acceptable to the department,
to prepare the person for reentry into the workforce in the occupation
for which the person seeks a license.
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| Source Note: The provisions of this §60.40 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective July 1, 2010, 35 TexReg 5525; amended to be effective October 15, 2010, 35 TexReg 9080; amended to be effective February 1, 2020, 45 TexReg 533; amended to be effective January 1, 2023, 47 TexReg 8627; amended to be effective December 1, 2024, 49 TexReg 9509 |
