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