(a)No currently incarcerated individual is eligible
to obtain or renew a license. A person's license will be revoked upon
the person's incarceration [imprisonment] following
a felony conviction, felony probation revocation, revocation of parole,
or revocation of mandatory suspension.
(b)The Board may suspend or revoke an existing valid
license, disqualify an individual from receiving a license, deny to
a person the opportunity to be examined for a license or deny any
application for a license, if the person has been convicted of a felony,
had their felony probation revoked, had their parole revoked, or had
their mandatory supervision revoked. Any such action may be taken [
shall be made] after consideration of the required factors
[detailed] in Chapter 53, [Texas]
Occupations Code, [§53.022] and [subsection
(d) of] this section.
(c)A license holder must conduct himself or herself
with honesty, integrity, and trustworthiness. After considering
the required factors in Chapter 53, Occupations Code, [Thus,]
the Board determines that a conviction or deferred adjudication
deemed a conviction under Chapter 53, Occupations Code, of [has
considered the factors in Texas Occupations Code §53.022 and
deems] the following crimes to be directly related to the duties
and responsibilities of a certified general or certified residential [
occupation of] appraiser, a licensed appraiser or
appraiser trainee:
(1)offenses involving fraud or misrepresentation;
(2)offenses against real or personal property belonging
to another[, if committed knowingly or intentionally];
(3)offenses against public administration, including
tampering with a government record, witness tampering, perjury, bribery,
and corruption;
(4)offenses involving the sale or other disposition
of real or personal property belonging to another without authorization
of law; and
[(5)offenses involving moral turpitude;
and]
(5)[(6)] offenses of attempting
or conspiring to commit any of the foregoing offenses.
(d)When determining whether a conviction
of a criminal offense not listed in subsection (a) of this section
directly relates to the duties and responsibilities of a licensed
occupation regulated by the Board, the Board considers:
(1)the nature and seriousness of the crime;
(2)the relationship of the crime to the purposes for
requiring a license to engage in the occupation;
(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;
(4)the relationship of the crime to the ability or
capacity required to perform the duties and discharge the responsibilities
of the licensed occupation; and
(5)any correlation between the elements of the crime
and the duties and responsibilities of the licensed occupation.
(e)[(d)]When [In]
determining the present fitness of an applicant or license holder
who has been convicted of a crime, the Board also considers [
will consider the following evidence]:
(1)the extent and nature of the person's past
criminal activity;
(2)the person's age at the time the
crime was committed [of the commission of the crime];
(3)the amount of time that has elapsed since the person's
last criminal activity;
(4)the person's conduct and work activity
before and after [prior to and following] the criminal
activity;
(5)evidence of the person's compliance
with any conditions of community supervision, parole, or mandatory
supervision;
(6)[(5)] evidence of the
person's rehabilitation or rehabilitative effort while incarcerated
or following release; and
(7)[(6)] other evidence of the
applicant's or license holder's present fitness including letters
of recommendation. [from:]
[(A)prosecution, law enforcement,
and correctional officers who prosecuted, arrested, or had custodial
responsibility;]
[(B)the sheriff and chief of police
in the community where the applicant or license holder resides; and]
[(C)any other person in contact with
the applicant or license holder.]
[(e)It shall be the responsibility
of the applicant or license holder to the extent possible to secure
and provide the Board the recommendations of the prosecution, law
enforcement, and correctional authorities, as well as evidence, in
the form required by the Board, relating to whether the applicant
has maintained a record of steady employment, has supported his or
her dependents and otherwise maintained a record of good conduct,
and is current on the payment of all outstanding court costs, supervision
fees, fines, and restitution as may have been ordered in all criminal
cases in which the person has been convicted.]
(f)To the extent possible, it is
the applicant's or license holder's responsibility to obtain and provide
the recommendations described in subsection (e)(7) of this section.
(g)When determining a person's fitness
to perform the duties and discharge the responsibilities of a licensed
occupation regulated by the Board, the Board does not consider an
arrest that did not result in a conviction or placement on deferred
adjudication community supervision.
(h)[(f)]Fitness [Moral
Character] Determination. Before applying for a license, a person
may request the Board to determine if the prospective applicant's fitness
[moral character] satisfies the Board's requirements
for licensing by submitting the request form approved by the Board
and paying the required fee. Upon receiving such a request, the Board
may request additional supporting materials. Requests will be processed
under the same standards as applications for a license.
The agency certifies that legal counsel has
reviewed
the emergency adoption and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on September 9, 2019
TRD-201903186 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: September 9, 2019
Expiration date: January 6, 2020
For further information, please call: (512) 936-3652
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