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RULE §194.23Criminal Backgrounds

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.

Source Note: The provisions of this §194.23 adopted to be effective April 3, 2017, 42 TexReg 1763; amended to be effective April 17, 2019, 44 TexReg 1859

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