Crimes involving prohibited sexual conduct or involving children as victims.

Reason:

By the nature of the business, the elevator inspector would, on occasion, be expected to inspect elevators, escalators, and related equipment located in multi-story residential dwellings, placing the residents, both adults and children, in need of protection from those with the predisposition and experience in committing sexual crimes and crimes against young people.

Crimes against the person such as homicide, kidnapping and assault.

Reasons:

1. Licensees have direct contact with persons at residences and businesses in situations that have potential for confrontational behavior.

2. A person with a predisposition for a violent response would pose a risk to the public.

INDUSTRIALIZED HOUSING AND BUILDINGS

Crimes involving deceptive business practices.

Reasons:

1. Furnishing false information on any application, or engaging in any false, misleading, or deceptive acts are grounds for denial of any certificate of registration. See Occupations Code §1202.302.

2. A person with the predisposition and experience in committing false, misleading or deceptive acts in a business context would have the opportunity to engage in further similar conduct.

Crimes against the person such as homicide, kidnapping and assault.

Reasons:

1. Licensees have direct contact with persons at residences and businesses in situations that have potential for confrontational behavior.

2. A person with a predisposition for a violent response would pose a risk to the public.

Crimes involving prohibited sexual conduct or involving children as victims.

Reason:

By the nature of the business, an industrialized builder or third party inspector would, on occasion, be expected to inspect residential housing, placing the residents, both adults and children, in need of protection from those with the predisposition and experience in committing sexual crimes and crimes against young people.

PERSONNEL EMPLOYMENT SERVICES

Crimes involving fraud or deceptive business practices.

Reason:

A person with a predisposition and experience in committing fraud and deceptive business practices would be given the opportunity to engage in further deceptive trade practices.

Crimes involving prohibited sexual conduct or involving children as victims.

Reason:

By the nature of the business persons using personnel employment services are looking for employment and in a vulnerable position and in need of protection from those with a predisposition and experience in committing sexual crimes and crimes against young people.

Crimes involving promotion of prostitution.

Reasons:

1. Licensees will be in a position to direct groups of young, possibly vulnerable, people.

2. The profession would provide a good cover for persons with a predisposition for promotion of prostitution.

Crimes against the person such as homicide, kidnapping and assault.

Reasons:

1. Licensees have direct contact with persons at residences and businesses in situations that have potential for confrontational behavior.

2. A person with a predisposition for a violent response would pose a risk to the public.

PREPAID LEGAL SERVICES

Crimes involving fraud or deceptive trade practices.

Reason:

Licensees have the means and the opportunity to practice deceit fraud and misrepresentation related to the need for services.

Crimes involving prohibited sexual conduct or involving children as victims.

Reasons:

1. Licensees have direct access to private residences and deal directly with the general public.

2. Licensees have direct access to business facilities and deal directly with the owners of the businesses and business personnel.

Crimes against property such as theft or burglary.

Reasons:

1. Licensees have access to private residences and businesses, where they may come into direct contact with unattended property.

2. A person with the predisposition and experience in committing crimes against property would have the opportunity to engage in further similar conduct.

Crimes against the person such as homicide, kidnapping and assault.

Reasons:

1. Licensees have direct contact with persons at residences and businesses in situations that have potential for confrontational behavior.

2. A person with a predisposition for a violent response would pose a risk to the public.

PROPERTY TAX CONSULTANTS

Crimes involving fraud in a business setting.

Reasons:

1. Dishonesty or fraud while performing property tax consulting services is grounds for denial of a property tax consultant license. See Occupations Code §1152.251.

2. A person with a predisposition and experience in committing fraud in a business context would be given the opportunity to engage in further similar activity.

Crimes involving stealing from an employer, tax fraud, bribery or perjury.

Reason:

The very nature of the business, representing persons before the tax assessor collector, would open avenues to steal from a client (i.e. take refunds awarded clients), commit tax fraud or bribery of an official, or outright perjury in the proceeding.

Crimes involving crimes against property such as theft or burglary.

Reasons:

1. Property tax consultants have access to private residences and businesses.

2. A person with the predisposition and experience in committing crimes against property would be given the opportunity to engage in further similar conduct.

SERVICE CONTRACT PROVIDERS

Crimes involving deceptive business practices.

Reasons:

1. Making, permitting or causing false or misleading statements is a prohibited act. See Occupations Code §1304.161.

2. A person with a predisposition and experience in making false or misleading statements would have the opportunity to engage in further similar conduct.

Crimes involving insurance fraud.

Reason:

Service contracts are insurance policies of sorts. As such, someone who has been convicted of insurance fraud would be given the opportunity to engage in further similar conduct.

STAFF LEASING SERVICES

Crimes involving bribery or fraud, in a business or governmental setting.

Reason:

A person with a predisposition and experience in committing bribery or fraud in a business or governmental context would have the opportunity to engage in further similar activity.

Crimes involving insurance or tax fraud.

Reasons:

1. Staff leasing companies handle insurance, payroll taxes, withholding taxes, etc. for their employees and client companies.

2. A person with a predisposition to commit insurance or tax fraud would have the opportunity to engage in further similar activity.

Crimes against property such as theft or burglary.

Reasons:

1. Staff leasing companies handle large sums of money for their employees and client companies.

2. A person with the predisposition and experience in committing theft crimes would have the opportunity to engage in further similar conduct.

TALENT AGENCIES

Crimes involving fraud or deceptive business practices.

Reasons:

1. A violation of the talent agency statute is considered a deceptive trade practice. See Occupations Code §2105.251.

2. A person with a predisposition and experience in committing fraud and deceptive business practices would be given the opportunity to engage in further similar conduct.

Crimes involving prohibited sexual conduct or involving children as victims.

Reason:

By the nature of the business, artists would be largely children and people who are trusting the talent agency to manage their careers. Such individuals are in a vulnerable position and in need of protection from those with a predisposition and experience in committing sexual crimes and crimes against young people.

Crimes against property such as theft or burglary.

Reasons:

1. Talent agencies handle money for their clients, and make deals for the payment of money to their clients.

2. A person with the predisposition and experience in committing theft crimes would have the opportunity to engage in further similar conduct.

Crimes involving promotion of prostitution.

Reasons:

1. Licensees will be in a position to direct groups of young, possibly vulnerable, people.

2. The profession would provide a good cover for persons with a predisposition for promotion of prostitution.

Crimes against the person such as homicide, kidnapping and assault.

Reasons:

1. Licensees have direct contact with persons at residences and businesses in situations that have potential for confrontational behavior.

2. A person with a predisposition for a violent response would pose a risk to the public.

TEMPORARY COMMON WORKER EMPLOYER

Crimes involving labor or employment, including harmful employment and theft of service.

Reasons:

1. The statute requires that these individuals shall provide for the health, safety, and welfare of workers throughout the state. A person with a demonstrated predisposition and experience in committing crimes involving harmful employment would have the opportunity to engage in further similar activity.

2. A person with a predisposition and experience in any criminal labor or employment activity would have the opportunity to engage in further similar conduct.

Crimes involving deceptive business practices.

Reason:

A person with a predisposition and experience in deceptive business practices would be allowed to engage in further similar activity.

Crimes involving violations against public administration such as bribery, perjury or abuse of office.

Reason:

A person with a predisposition and history of bribery, perjury or abuse of office would be allowed to potentially abuse the authority provided by the license and potentially commit the same types of crimes.

Crimes involving prohibited sexual conduct or involving children as victims.

Reason:

Temporary common workers will include people in dire circumstances, many of them young people. Such individuals are in a vulnerable position and in need of protection from those with a predisposition and experience in committing sexual crimes and crimes against young people.

Crimes involving promotion of prostitution.

Reasons:

1. Licensees will be in a position to direct groups of young, possibly vulnerable, people.

2. The profession would provide a good cover for persons with a predisposition for promotion of prostitution.

VEHICLE PROTECTION PRODUCT WARRANTORS

Crimes involving deceptive business practices.

Reasons:

1. Making, permitting, or causing to be made any false or misleading statement is a prohibited act. See Occupations Code §14.

2. A person with a conviction or predisposition for deceptive or misleading business practices would have the opportunity to engage in further similar conduct.

WATER WELL DRILLERS

Crimes involving deceptive business practices.

Reasons:

1. The water well drillers statute authorizes disciplinary action for an intentional misstatement or misrepresentation of fact, failure to advise a person for whom a well is being drilled that injurious water has been encountered. See Occupations Code §1901.301.

2. A person having the predisposition and experience in committing deceptive business practices would have the opportunity to engage in further similar conduct.

Crimes involving environmental law violations.

Reason:

A person having the predisposition and experience in committing environmental law violations would have the opportunity to engage in further similar conduct.

Crimes involving prohibited sexual conduct or involving children as victims.

Reason:

By the nature of the business, well drillers are on residential properties, placing the residents, both adults and children, in need of protection from those with the predisposition and experience in committing sexual crimes and crimes against young people.

Crimes involving illegal use or possession of controlled substances.

Reason:

Due to the safety concerns pertaining to the operation of the equipment, a person with convictions involving illegal use or possession of controlled substances has not demonstrated fitness for the duties performed by a well driller.

Crimes against property such as theft or burglary.

Reasons:

1. Well drillers have access to private residences and businesses.

2. A person with the predisposition and experience in committing crimes against property would have the opportunity to engage in further similar conduct.

WATER WELL PUMP INSTALLERS

Crimes involving deceptive business practices.

Reasons:

1. A person with the predisposition and experience in misrepresentations of fact in the business setting would have the opportunity to engage in further similar conduct.

2. A person practicing deception through failing to advise a person having a water well pump installed of groundwater contamination or fails to ensure safeguards in accordance with established construction standards puts the well owner and other groundwater formations at risk.

Crimes involving environmental law violations.

Reason:

A person having the predisposition and experience in committing environmental law violations would have the opportunity to engage in further similar conduct.

Crimes involving prohibited sexual conduct or involving children as victims.

Reason:

By the nature of the business, water well pump installers are on residential properties, placing the residents, both adults and children, in need of protection from those with the predisposition and experience in committing sexual crimes and crimes against young people.

Crimes involving illegal use or possession of controlled substances.

Reason:

Due to the safety concerns pertaining to the operation of the equipment, a person with convictions involving illegal use or possession of controlled substances has not demonstrated fitness for the duties performed by a water well pump installer.

Crimes involving crimes against property such as theft or burglary.

Reasons:

1. Water well pump installers have access to private residences and businesses.

2. A person with the predisposition and experience in committing crimes against property would be given the opportunity to engage in further similar conduct.

Crimes against the person such as homicide, kidnapping and assault.

Reasons:

1. Licensees have direct contact with persons at residences and businesses in situations that have potential for confrontational behavior.

2. A person with a predisposition for a violent response would pose a risk to the public.

WEATHER MODIFICATION

Crimes involving deceptive business practices and fraudulent financial management practices.

Reasons:

1. Committing fraud, deceit or misrepresenting facts in obtaining a permit or license and/or being indebted to the state for a fee, payment of a penalty or a tax imposed are grounds for revocation or suspension of a permit and/or license. See 77th Legislative Session, Senate Bill 1175, Article 1, §1.63.

2. A person with the predisposition and experience in misrepresentation of fact in the business, financial, or corporate management setting would be have the opportunity to engage in further similar conduct.

Crimes involving illegal use or possession of controlled substances.

Reason:

Due to the extreme safety concerns pertaining to the aviation and radar control aspects of the program, persons with convictions involving illegal use or possession of controlled substances have not demonstrated fitness for a permit or license.

Crimes involving environmental law violations.

Reason:

A person having the predisposition and experience in committing environmental law violations would have the opportunity to engage in further similar conduct.

TRD-200308006

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: November 20, 2003