(a)For the purposes of 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 relate to the duties and responsibilities of a real estate broker, 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 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 taking of bribes, kickbacks, or other illegal compensation; (4)offenses against real or personal property belonging to another, if committed knowingly or intentionally; (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)offenses of attempting or conspiring to commit any of the foregoing offenses; (12)offenses involving aiding and abetting the commission of an offense listed in this section; (13)repeated or multiple violations of any criminal statute evidencing a disregard for or inability to comply with the law; [and] (14)felonies involving driving while intoxicated (DWI) or driving under the influence (DUI); and (15)[(14)] any other offense that the commission determines is directly related to an occupation regulated by the commission using the factors described in subsection (b) of this section. (b) - (d)(No change.)
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on May 24, 2010
TRD-201002840 Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: July 11, 2010
For further information, please call: (512 465-3926
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