|(a) Pursuant to Texas Occupations Code, §53.021(a)(1),
the department may revoke a certificate of registration or deny an
application for a certificate of registration if the applicant, registrant,
and/or business owner thereof has been convicted of a felony or misdemeanor
that directly relates to the duties and responsibilities of a metal
(b) The department has determined the types of offenses
detailed in this subsection directly relate to the duties and responsibilities
of metal recycling entities. A conviction for an offense within one
(1) or more of the following categories may result in the denial of
an application (initial or renewal) for a certificate of registration
or the revocation of a certificate of registration. The Texas Penal
Code references provided in this section are for illustrative purposes
and are not intended to exclude similar offenses in other state or
federal codes. The types of offenses directly related to the duties
and responsibilities of metal recycling entities include, but are
not limited to:
(1) Arson, Criminal Mischief, and other Property Damage
or Destruction (Texas Penal Code, Chapter 28);
(2) Burglary and Criminal Trespass (Texas Penal Code,
(3) Theft (Texas Penal Code, Chapter 31);
(4) Fraud (Texas Penal Code, Chapter 32);
(5) Bribery and Corrupt Influence (Texas Penal Code,
(6) Perjury and Other Falsification (Texas Penal Code,
(7) Any violation of Texas Occupations Code, §1956.038
(8) Prohibited Weapon - Explosive Weapon (Texas Penal
Code, §46.05(a)(1); and
(9) Component of Explosives (Texas Penal Code, §46.09).
(c) A felony conviction for one of the offenses listed
in subsection (b) of this section, a sexually violent offense as defined
by Texas Code of Criminal Procedure, Article 62.001, or an offense
listed in Texas Code of Criminal Procedure, Article 42.12, §3(g),
is disqualifying for ten (10) years from the date of the conviction,
unless a full pardon has been granted under the authority of a state
or federal official and not only by statutory effect.
(d) A misdemeanor conviction for one of the offenses
listed in subsection (b) of this section or a substantially similar
offense is disqualifying for five (5) years from the date of conviction.
(e) For the purposes of this chapter, all references
to conviction are to those for which the judgment has become final.
(f) A certificate of registration may be revoked for
the imprisonment of the registrant following a felony conviction,
felony community supervision revocation, revocation of parole, or
revocation of mandatory supervision for an offense that does not relate
to the occupation of metal recycling and is disqualifying for five
(5) years from the date of the conviction.
(g) 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.