(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 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
after consideration of the required factors in Chapter 53, Occupations
Code and 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, the Board determines
that a conviction or deferred adjudication deemed a conviction under
Chapter 53, Occupations Code, of the following crimes to be directly
related to the duties and responsibilities of a certified general
or certified residential appraiser, a licensed appraiser or appraiser
trainee:
(1)offenses involving fraud or misrepresentation;
(2)offenses against real or personal property belonging
to another;
(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 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 (c)[(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) - (h)(No change.)
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 May 18, 2020
TRD-202001964 Kathleen Santos
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: July 5, 2020
For further information, please call: (512) 936-3652
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