(a)For the purposes of Chapter 53, Texas
Occupations Code, [Chapter 53, §§1101.354, 1102.107,
1102.108, 1102.109, and §535.400(f) of this title,] the
Texas Real Estate Commission considers that a deferred adjudication
deemed a conviction under §53.021 or a conviction of the following
criminal offenses directly relates [relate]
to the duties and responsibilities of a real estate broker and
real estate sales agent because committing these [, real
estate salesperson, easement or right-of-way agent, professional inspector,
real estate inspector or apprentice inspector for the reason that
the commission of the] offenses tends to demonstrate a [
the] person's inability to represent the interest of another
with honesty, trustworthiness, and integrity:
(1)offenses involving fraud or misrepresentation;
(2)offenses involving forgery, falsification of records,
or perjury;
(3)offenses involving the offering, paying, or taking
of bribes, kickbacks, or other illegal compensation;
(4)offenses against real or personal property belonging
to another;
(5)offenses against the person;
(6)offenses against public administration;
(7)offenses involving the sale or other disposition
of real or personal property belonging to another without authorization
of law;
(8)offenses involving moral turpitude;
(9)offenses in violation of Chapter 21, Texas Penal
Code (sexual offenses);
(10)offenses for which the person has been required
to register as a sex offender under Chapter 62, Texas Code of Criminal
Procedure;
(11)felonies involving the manufacture, delivery,
or intent to deliver controlled substances;
(12)offenses of attempting or conspiring to commit
any of the foregoing offenses;
(13)offenses involving aiding and abetting the commission
of an offense listed in this section;
(14)repeated violations of one criminal statute or
multiple violations of different criminal statutes; and
(15)felonies involving driving while intoxicated (DWI)
or driving under the influence (DUI). [; and]
(b)For the purposes of Chapter 53,
Texas Occupations Code, the Texas Real Estate Commission considers
that a deferred adjudication deemed a conviction under §53.021
or a conviction of the following criminal offenses, directly relate
to the duties and responsibilities of a professional inspector, real
estate inspector, apprentice inspector and easement or right-of-way
agent for the reason that the commission of the offenses tends to
demonstrate the person's inability to represent the interest of another
with honesty, trustworthiness, and integrity:
(1)offenses involving fraud or misrepresentation;
(2)offenses involving forgery, falsification of records,
or perjury;
(3)offenses involving the offering, paying, or taking
of bribes, kickbacks, or other illegal compensation;
(4)offenses against real or personal property belonging
to another;
(5)offenses against the person;
(6)offenses against public administration;
(7)offenses involving the sale or other disposition
of real or personal property belonging to another without authorization
of law;
(8)offenses involving moral turpitude;
(9)offenses in violation of Chapter 21, Texas Penal
Code (sexual offenses);
(10)offenses for which the person has been required
to register as a sex offender under Chapter 62, Texas Code of Criminal
Procedure;
(11)felonies involving the manufacture, delivery,
or intent to deliver controlled substances;
(12)offenses of attempting or conspiring to commit
any of the foregoing offenses;
(13)offenses involving aiding and abetting the commission
of an offense listed in this section; and
(14)repeated violations of one criminal statute or
multiple violations of different criminal statutes.
(c)[(b)] In determining whether
a criminal offense not listed in subsections (a) and (b) [
subsection (a)] of this section is directly related to an occupation
regulated by the Commission, the Commission shall consider:
(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; [and]
(4)the relationship of the crime to the ability, capacity,
or fitness 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.
(d)[(c)] When determining a
person's present fitness for a license, the Commission shall also
consider [the following evidence]:
(1)the extent and nature of the person's past criminal
activity;
(2)the age of the person at the time of the commission
of the offense;
(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 following the criminal activity;
(5)the person's compliance with the court-ordered
terms and conditions while on parole, supervised release, probation,
or community supervision;
(6)the time remaining, if any, on the person's term
of parole, supervised release, probation, or community supervision;
(7)evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or following release; and
(8)other evidence of the person's present fitness,
including letters of recommendation [from: prosecution, law enforcement,
and correctional officers who prosecuted, arrested, or had custodial
responsibility for the person; the sheriff and chief of police in
the community where the person resides; and any other persons in contact
with the person].
[(d)It is the responsibility of the
applicant to provide to the Commission:]
[(1)the recommendations of prosecution, law enforcement,
and correctional authorities;]
[(2)signed letters of character reference from persons
in the applicant's business or professional community which confirm
that the writer knows about the applicant's prior criminal conduct;]
[(3)proof in such form as may be required by the Commission
that he or she has maintained a record of steady employment;]
[(4)proof that the applicant has supported his or
her dependents, if any;]
[(5)proof that the applicant has maintained a record
of good conduct;]
[(6)proof that the applicant has paid all outstanding
court costs, supervision fees, fines, and restitution as may have
been ordered in all criminal cases; and]
[(7)if the applicant submits a letter of character
reference from a prospective sponsor, the letter must confirm that
the writer knows about the applicant's prior criminal conduct.]
(e)It is the applicant's or license
holder's responsibility to obtain and provide the recommendations
described in subsection (d)(8) of this section.
(f)When determining a person's fitness
to perform the duties and discharge the responsibilities of a licensed
occupation regulated by the Commission, the Commission does not consider
an arrest that did not result in a conviction or placement on deferred
adjudication community supervision.
The
agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on November 22, 2019
TRD-201904457 Chelsea Buchholtz
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: January 12, 2020
For further information, please call: (512) 936-3177
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