This section sets out the guidelines and criteria related to
the board's authority to deny certification, registration, or other
approval, or to take disciplinary action based upon a person's criminal
background.
(1) The board may suspend or revoke any certificate,
registration, or other approval; disqualify a person from receiving
any certificate, registration, or other approval; or deny to a person
the opportunity to be examined for a certificate if the person is
convicted of or subject to a deferred adjudication, enters a plea
of nolo contendere or guilty to a felony or misdemeanor, and if the
crime directly relates to the duties and responsibilities of a certificate,
registration, or permit holder.
(2) In considering whether a pleading of nolo contendere
or a criminal conviction directly relates to the occupation of a holder
of a certificate, registration, or other approval, the board shall
consider:
(A) the nature and seriousness of the crime;
(B) the relationship of the crime to the purposes for
certification, registration, or other approval; and
(C) the extent to which a certification, registration,
or other approval might offer an opportunity to engage in further
criminal activity of the same type as that which the person previously
has been involved.
(3) The following felonies and misdemeanors apply to
any certificate, registration, or other approval because these criminal
offenses indicate an inability or a tendency to be unable to perform
as a holder of a certificate, registration, or other approval:
(A) the misdemeanor of knowingly or intentionally acting
as a certificate holder without a certificate under the Act;
(B) any misdemeanor and/or felony offense defined as
a crime of moral turpitude by statute or common law;
(C) a misdemeanor or felony offense involving:
(i) forgery;
(ii) tampering with a governmental record;
(iii) delivery, possession, manufacturing, or use of
controlled substances and dangerous drugs;
(D) a misdemeanor or felony offense under various titles
of the Texas Penal Code:
(i) Title 5 concerning offenses against the person;
(ii) Title 7 concerning offenses against property;
(iii) Title 9 concerning offenses against public order
and decency;
(iv) Title 10 concerning offenses against public health,
safety, and morals; and
(v) Title 4 concerning offenses of attempting or conspiring
to commit any of the offenses in this section.
(4) The misdemeanors and felonies listed in paragraph
(3) of this section are not exclusive. The Board may consider other
particular crimes in special cases in order to promote the intent
of the Act and these sections.
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