(a)For the purposes of Chapter 53, Texas Occupations
Code, the Texas Real Estate Commission (the Commission) considers
that a deferred adjudication deemed a conviction under §53.021
or a conviction of the following criminal offenses directly relates
to the duties and responsibilities of a real estate broker and real
estate sales agent because committing these offenses tends to demonstrate
a 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).
(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)In determining whether a criminal offense not listed
in subsections (a) and (b) 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;
(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)When determining a person's present fitness for
a license, the Commission shall also consider:
(1)the extent and nature of the person's past criminal
activity;
(2)the age of the person when the crime was committed
[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 after [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;]
(5)[(7)] evidence of the person's
rehabilitation or rehabilitative effort while incarcerated or after [
following] release; [and]
(6)evidence of the person's compliance
with any conditions of community supervision, parole, or mandatory
supervision; and
(7)[(8)] other evidence of the
person's present fitness, including letters of recommendation.
(e)It is the applicant's or license holder's responsibility
, to the extent possible, to obtain and provide the recommendations
described in subsection (d)(7) [(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 February 22, 2022
TRD-202200632 Abby Lee
Deputy General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 10, 2022
For further information, please call: (512) 936-3057
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