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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 13CONTROLLED SUBSTANCES
SUBCHAPTER BPRECURSOR CHEMICAL LABORATORY APPARATUS (PCLA)
RULE §13.22Disqualifying Criminal Offenses

(a) Pursuant to Texas Occupations Code, §53.021(a)(1) the department may revoke a precursor chemical laboratory apparatus (PCLA) permit or deny an application for a PCLA permit if the applicant or permit holder has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of a PCLA permit holder.

(b) The department has determined the criminal offenses within Texas Health and Safety Code, Chapters 481 - 486 directly relate to the duties and responsibilities of PCLA permit holder. A conviction for such an offense may result in the denial of an initial or renewal application for a PCLA permit or the revocation of a PCLA permit.

(c) A felony conviction for an offense within Texas Health and Safety Code, Chapters 481 - 486, or a substantially similar offense, is disqualifying for 10 years from the date of the conviction unless a full pardon has been granted.

(d) A Class A or B misdemeanor conviction for an offense within Texas Health and Safety Code, Chapters 481 - 486, or a substantially similar offense, is disqualifying for five years from the date of conviction unless a full pardon has been granted.

(e) For the purposes of this chapter, all references to conviction are to those for which the judgment has become final.

(f) The department may consider the factors specified in Texas Occupations Code, §53.022 and §53.023 in determining whether to grant, deny, or revoke any certificate of registration.


Source Note: The provisions of this §13.22 adopted to be effective November 6, 2016, 41 TexReg 8619

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