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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 36METALS RECYCLING ENTITIES
SUBCHAPTER EDISCIPLINARY PROCEDURES AND ADMINISTRATIVE PROCEDURES
RULE §36.55Disqualifying Offenses

(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 recycling entity.

(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, Chapter 30);

  (3) Theft (Texas Penal Code, Chapter 31);

  (4) Fraud (Texas Penal Code, Chapter 32);

  (5) Bribery and Corrupt Influence (Texas Penal Code, Chapter 36);

  (6) Perjury and Other Falsification (Texas Penal Code, Chapter 37);

  (7) Any violation of Texas Occupations Code, §1956.038 or §1956.040;

  (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.


Source Note: The provisions of this §36.55 adopted to be effective January 10, 2016, 41 TexReg 498

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