| (a) Criminal conduct. The department may refuse to
issue or renew a license or permit to any person who has been finally
convicted of or assessed an administrative penalty for a violation
of:
(1) Parks and Wildlife Code, Chapter 43, Subchapter
C, E, G, L, R, or R-1;
(2) a provision of the Parks and Wildlife Code not
described by paragraph (1) of this subsection that is a Parks and
Wildlife Code:
(A) Class A or B misdemeanor;
(B) state jail felony; or
(C) felony;
(3) Parks and Wildlife Code, §63.002;
(4) Penal Code, §37.10 or §42.092;
(5) the Lacey Act (16 U.S.C. §§3371-3378);
(6) the Airborne Hunting Act (16 U.S.C. §742j-1);
or
(7) any statutory or regulatory provision not described
in this subsection involving conduct or behavior regulated by the
permit or license the applicant seeks to obtain or renew. In determining
whether a criminal conviction directly relates to the duties and responsibilities
required under a permit or license sought by an applicant, the department
shall consider each of the following factors:
(A) the relationship of the crime to the purposes for
which a license or permit listed in §56.7 of this title is required;
(B) the extent to which the issuance of a license or
permit might offer an opportunity to engage in further criminal activity
of the same type as that in which the person previously had been involved;
(C) the relationship of the crime to the ability or
capacity required to perform the duties and discharge the responsibilities
under the license or permit being sought; and
(D) any correlation between the elements of the crime
and the duties and responsibilities of the license or permit being
sought.
(b) Administrative compliance. The department may refuse
to issue or renew a permit or license listed in §56.7 of this
title (relating to Permits and Licenses Affected) if an applicant
fails to submit in a timely manner any of the following:
(1) a completed application, including all application
materials required by the department;
(2) the required fee;
(3) accurate required reports or notifications; or
(4) any additional information or material the department
determines necessary to process the application.
(c) Outstanding liability to the department. The department
may refuse to issue or renew a permit or license listed in §56.7
of this title, as applicable, if the applicant is liable to the state
for fees or payment of penalties imposed pursuant to the Parks and
Wildlife Code or commission rule, including liability under Parks
and Wildlife Code, §12.301.
(d) Criteria for determination.
(1) If the department determines that a criminal conviction
directly relates to the duties and responsibilities required under
a permit or license, the department shall consider the following in
determining whether to take an action authorized under this subchapter:
(A) the extent and nature of the person's past criminal
activity with respect to the factors identified in this section;
(B) the age of the person when the crime was committed;
(C) the amount of time that has elapsed since the person's
last criminal activity involving factors identified in this section;
(D) the conduct and work activity of the person before
and after the criminal activity;
(E) evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or after release;
(F) evidence of the person's compliance with any conditions
of community supervision, parole, or mandatory supervision;
(G) other evidence of the person's fitness, including
letters of recommendation; and
(H) other adverse or mitigating factors, including
but not limited to:
(i) the number of final convictions or administrative
penalties;
(ii) the seriousness of the conduct on which the final
conviction or administrative penalty is based;
(iii) the existence, number, and seriousness of offenses
or violations other than offenses or violations that resulted in a
final conviction or administrative penalty described by subsection
(a) of this section;
(iv) the length of time between the most recent final
conviction or administrative penalty and the permit application;
(v) whether the final conviction, administrative penalty,
or other offense or violation was the result of negligence or intentional
conduct;
(vi) whether the final conviction or administrative
penalty resulted from conduct committed or omitted by the applicant,
an agent of the applicant, or both;
(vii) the accuracy of the permit history information
provided by the applicant;
(viii) for a renewal, whether the applicant agreed
to any special provisions recommended by the department as conditions
to the expiring permit.
(2) A determination under this section is not permanent
and the department shall consider the factors listed in this subsection
in subsequent applications.
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