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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 7TEXAS COMMISSION ON LAW ENFORCEMENT
CHAPTER 223ENFORCEMENT
RULE §223.19License Revocation

(a) The license of a person convicted of a felony shall be immediately revoked.

(b) The license of a person convicted or placed on community supervision for an offense directly related to the duties and responsibilities of any related office held by that person may be revoked. In determining whether an offense directly relates to such office, the commission will consider:

  (1) the nature and seriousness of the crime;

  (2) the relationship of the crime to the purpose for requiring a license for such office;

  (3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and

  (4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of such office.

(c) The license of a person convicted or placed on community supervision for any offense involving family violence shall be revoked.

(d) The license of a person who is noncompliant for the third time in obtaining continuing education shall be revoked.

(e) The license of a person who has received a dishonorable or other discharge based on misconduct which bars future military service shall be revoked.

(f) The license of a person who has made, submitted, caused to be submitted, or filed a false or untruthful report to the commission may be revoked.

(g) The license of a person who has been found to be in unauthorized possession of any commission licensing examination or portion of a commission licensing examination, or a reasonable facsimile shall be revoked.

(h) Revocation permanently bars the person from any future licensing or certification by the commission.

(i) A revoked license cannot be reinstated unless the licensee provides proof of facts supporting the revocation have been negated, such as:

  (1) the felony conviction has been reversed or set aside on direct or collateral appeal, or a pardon based on subsequent proof of innocence has been issued;

  (2) the dishonorable or bad conduct discharge has been upgraded to above dishonorable or bad conduct conditions; or

  (3) the report alleged to be false or untruthful was found to be truthful.

(j) During the direct appeal of any appropriate conviction, a license may be revoked pending resolution of the mandatory direct appeal. The license will remain revoked unless and until the holder proves that the conviction has been set aside on appeal.

(k) The holder of any revoked license may informally petition the executive director for reinstatement of that license based upon proof by the licensee that the facts supporting the revocation have been negated.

(l) If granted, the executive director shall inform the commissioners of such action no later than at their next regular meeting.

(m) If denied, the holder of a revoked license may petition the commission for a hearing to determine reinstatement based upon the same proof.

(n) The effective date of this section is February 1, 2016.


Source Note: The provisions of this §223.19 adopted to be effective February 1, 2016, 41 TexReg 283

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