| (a) Vehicle inspection stations and vehicle inspectors
are entrusted with ensuring the safety and fitness of vehicles traveling
on the roads of Texas. Vehicle inspection stations and vehicle inspectors
have constant access to and are responsible for the lawful disposition
of government documents. For these reasons, the department has determined
that the offenses contained within this section relate directly to
the duties and responsibilities of vehicle inspection stations and
vehicle inspectors certified under Texas Transportation Code, Chapter
548. The types of offenses listed in this section are general categories
that include all specific offenses within the corresponding chapter
of the Texas Penal Code and any such offenses regardless of the code
in which they appear.
(b) The offenses listed in paragraphs (1) - (9) of
this subsection are intended to provide guidance only, and are not
exhaustive of either the types of offenses that may relate to vehicle
inspections or the operation of a vehicle inspection station or those
that are independently disqualifying under Texas Occupations Code, §53.021(a)(2)
- (4). The disqualifying offenses also include those crimes under
the laws of another state or the United States, if the offense contains
elements that are substantially similar to the elements of a disqualifying
offense under the laws of this state. Such offenses also include the
"aggravated" or otherwise heightened versions of the offenses listed
in paragraphs (1) - (9) of this subsection. In addition, after due
consideration of the circumstances of the criminal act and its relationship
to the position of trust involved in vehicle inspections or the operation
of a vehicle inspection station, the department may find that a conviction
not described in this section also renders a person unfit to hold
a certificate as a vehicle inspector or vehicle inspection station
owner. In particular, an offense that is committed in one's capacity
as a vehicle inspection station owner or vehicle inspector, or an
offense that is facilitated by licensure as an owner or inspector,
will be considered related to the occupation and will render the person
unfit to hold the certification.
(1) Arson, Criminal Mischief, and Other Property Damage
or Destruction (Texas Penal Code, Chapter 28).
(2) Robbery (Texas Penal Code, Chapter 29).
(3) Burglary and Criminal Trespass (Texas Penal Code,
Chapter 30).
(4) Theft (Texas Penal Code, Chapter 31).
(5) Fraud (Texas Penal Code, Chapter 32).
(6) Bribery and Corrupt Influence (Texas Penal Code,
Chapter 36).
(7) Perjury and Other Falsification (Texas Penal Code,
Chapter 37).
(8) Criminal Homicide (Texas Penal Code, Chapter 19).
(9) Driving Related Intoxication Offenses (Texas Penal
Code, Chapter 49).
(c) A felony conviction for any such offense is disqualifying
for ten years from the date of conviction, unless the offense was
committed in one's capacity as a vehicle inspection station owner
or vehicle inspector, or was facilitated by licensure as an owner
or inspector, in which case it is permanently disqualifying. Conviction
for 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 §3g or Article 42A.054, is permanently
disqualifying.
(d) A Class A misdemeanor conviction for an offense
listed in this section and any other offense determined by the department
to directly relate to the duties and responsibilities of vehicle inspection
stations or vehicle inspectors, including any unlisted offense committed
in one's capacity as a vehicle inspection station owner or vehicle
inspector or that was facilitated by licensure as an owner or inspector,
is disqualifying for five years from the date of conviction.
(e) A Class B misdemeanor conviction for an offense
listed in this section and any other offense determined by the department
to directly relate to the duties and responsibilities of vehicle inspection
stations or vehicle inspectors, including any unlisted offense committed
in one's capacity as a vehicle inspection station owner or vehicle
inspector or that was facilitated by licensure as an owner or inspector,
is disqualifying for two years from the date of conviction.
(f) A person who is otherwise disqualified pursuant
to the criteria in this section may submit documentation as detailed
in paragraphs (1) - (8) of this subsection as evidence of his or her
fitness to perform the duties and discharge the responsibilities of
a vehicle inspection station certificate holder or vehicle inspector:
(1) the extent and nature of the person's past criminal
activity;
(2) the age of the person when the crime was committed;
(3) the amount of time that has elapsed since the person's
last criminal activity;
(4) the conduct and work activity of the person before
and after the criminal activity;
(5) evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or after release;
(6) letters of recommendation;
(7) evidence the applicant has:
(A) maintained a record of steady employment;
(B) supported the applicant's dependents;
(C) maintained a record of good conduct; and
(D) paid all outstanding court costs, supervision fees,
fines, and restitution ordered in any criminal case in which the applicant
has been convicted; and
(8) any other evidence relevant to the person's fitness
for the certification sought.
(g) The failure to provide the required documentation
in a timely manner may result in the proposed action being taken against
the application or license.
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| Source Note: The provisions of this §23.5 adopted to be effective March 13, 2013, 38 TexReg 1700; amended to be effective March 1, 2015, 40 TexReg 256; amended to be effective September 15, 2016, 41 TexReg 7119; amended to be effective January 5, 2017, 41 TexReg 10662; amended to be effective January 3, 2019, 43 TexReg 8634; amended to be effective May 14, 2020, 45 TexReg 3138 |
