The Texas Department of Licensing and Regulation issues Criminal Conviction Guidelines pursuant to Texas Occupations Code, §53.025(a). These guidelines describe the process by which the Texas Department of Licensing and Regulation (TDLR) determines whether a criminal conviction renders an applicant an unsuitable candidate for the license, or whether a conviction warrants revocation or suspension of a license previously granted. These guidelines present the general factors that are considered in all cases and the reasons why particular crimes are considered to relate to each type of license issued by TDLR.

A copy of the guidelines is posted and may be downloaded at http://www.license.state.tx.us/crimconvict.htm. To receive a copy of the guidelines contact TDLR's Enforcement Division at (512) 463-2906 or by e-mail at enforcement@license.state.tx.us.

Criminal Conviction Guidelines

These guidelines are issued by the Texas Department of Licensing and Regulation pursuant to the Texas Occupations Code, §53.025(a). These guidelines describe the process by which the Texas Department of Licensing and Regulation (TDLR) determines whether a criminal conviction renders an applicant an unsuitable candidate for the license, or whether a conviction warrants revocation or suspension of a license previously granted. These guidelines present the general factors that are considered in all cases, and also the reasons why particular crimes are considered to relate to each type of license issued by TDLR.

I. Agency's process

Some license applications require the applicant to provide information about criminal convictions. TDLR's Licensing Division also runs a criminal background check through the Department of Public Safety (DPS) on each original license application and each renewal application filed. If the application or the DPS check reveals a conviction that could be a basis for denying the license, the Licensing staff will refer the matter to TDLR's Enforcement Division for further review. The entire application packet is forwarded, including the completed application form, all attachments, all related correspondence, and the report obtained from DPS.

Upon receipt of an application referral in the Enforcement Division, the matter is immediately assigned to an attorney for review. The attorney treats these referrals as high priority, and reviews the criminal conviction with reference to the applicable statutory provisions and these guidelines.

If the attorney determines that the license should not be denied on the basis of the criminal conviction, then the attorney immediately returns the application and related materials to the Licensing Division, with a memorandum stating his conclusion.

If the attorney determines that the license should be denied due to the criminal conviction, the attorney, with the assistance of an investigator, secures certified copies of the relevant criminal convictions and any other information deemed necessary. A letter of proposed license denial is then mailed to the applicant. The letter clearly identifies the convictions that form the basis of the proposed denial, cites the statutory authority for the proposed denial, and advises the applicant that a hearing may be requested to challenge the proposed denial.

If an applicant requests a hearing on the proposed license denial, the request is immediately forwarded to the prosecuting attorney. The attorney schedules a hearing on the nearest available date, and issues a Notice of Hearing to the applicant. After a hearing is conducted, the Administrative Law Judge issues a Proposal for Decision for consideration by the Commission of Licensing and Regulation. After considering the Proposal for Decision, the Commission may grant or deny the license.

For individuals who are already licensed when the agency discovers a criminal conviction, the process is essentially the same as that described above. A conviction discovered by Licensing staff, an Enforcement investigator, or any other agency employee is referred to the Enforcement Division. If the Enforcement attorney finds, after investigation, that the conviction warrants license suspension or revocation, a letter of proposed license suspension or revocation is issued to the license holder. If the license holder requests a hearing, a hearing is conducted, a Proposal for Decision is issued for consideration by the Commission, and the Commission ultimately decides whether the license should be suspended or revoked.

II. Responsibilities of the applicant

The applicant has the responsibility, to the extent possible, to obtain and provide to the agency the recommendations of the prosecution, law enforcement, and correctional authorities as described in section III below. The applicant has the further obligation to furnish proof in the form required by the agency that the applicant has:

1. maintained a record of steady employment;

2. supported the applicant's dependents;

3. maintained a record of good conduct; and

4. paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant has been convicted.

III. General factors

In determining whether a criminal conviction should be grounds to deny a license, the following factors are considered in all cases:

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 applicant previously had been involved; and

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.

In determining the fitness to perform the duties and discharge the responsibilities of the licensed occupation of a person who has been convicted of a crime, the agency will also consider the following:

1. the extent and nature of the person's past criminal activity;

2. the age of the person when the crime was committed;

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 the criminal activity;

5. evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release; and

6. other evidence of the person's fitness, including letters of recommendation from:

(A) prosecutors and law enforcement and correctional officers who prosecuted, arrested, or had custodial responsibility for the person;

(B) the sheriff or chief of police in the community where the person resides; and

(C) any other person in contact with the convicted person.

IV. Relation of crimes to specific licenses issued by TDLR

These guidelines reflect the most common or well-known categories of crimes, and their relation to specific license types. The vast majority of criminal convictions reviewed by the Department will fit within the categories of crimes described below. However, these guidelines are not intended to be an exclusive listing, i.e. they do not prohibit the Department from considering crimes not listed herein. After due consideration of the circumstances of the criminal act and the general factors listed above, the Department may find that a conviction not described herein renders a person unfit to hold a license.

In addition to the specific crimes listed below, multiple violations of any criminal statute should always be reviewed, for any license type. Multiple violations may reflect a pattern of behavior that renders the applicant unfit for the license.

AIR CONDITIONING AND REFRIGERATION CONTRACTORS

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 service, parts, and equipment.

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. Air conditioning contractors 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.

ARCHITECTURAL BARRIERS: REGISTERED ACCESSIBILITY SPECIALISTS

Crimes involving bribery, fraud or deceptive business practices.

Reason:

Under the architectural barriers statute, a registered accessibility specialist (RAS) shall be honest and trustworthy. See 16 Texas Administrative Code §68.76(b).

Crimes involving prohibited sexual conduct or involving children as victims.

Reason:

A RAS will have ready access to educational facilities, hotels, recreational facilities, businesses and other public accommodations where he may come into direct contact with unattended persons, including children.

Crimes against property such as theft or burglary.

Reasons:

1. A RAS will have direct access to businesses, where he will 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.

AUCTIONEERS

Crimes involving misdemeanor fraud, breach of fiduciary duty, or a deceptive business practice.

Reasons:

1. An auctioneer has direct access to property and monies belonging to others and is considered by law to be acting in a fiduciary capacity.

2. The auctioneer has the opportunity to misrepresent the value or attributes of property being offered for sale at auction.

Crimes against property such as theft or burglary.

Reasons:

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

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

3. Consignors entrust their property to auctioneers.

4. Auctioneers handle monies belonging to others.

Crimes involving the receipt, sale or other distribution of illegal goods or substances, including stolen property, illegal weapons, drugs, drug paraphernalia, and the like.

Reasons:

1. Auctioneers are in a unique position to receive, sell or otherwise distribute illegal goods or substances.

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

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 the person such as homicide, kidnapping and assault.

Reasons:

1. Licensees have direct contact with persons at residences and businesses, and while auctions are being conducted, 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.

BOILER INSPECTORS

Crimes involving misrepresentation, fraud, extortion, bribery, theft or deceptive business.

Reasons:

1. The boiler statute provides that an inspector's commission may be suspended or revoked due to the inspector's untrustworthiness or willful falsification in an application or inspection report. See 16 Texas Administrative Code §65.90(c)(1).

2. Boiler inspectors have direct access to businesses, business owners, employees and in some instances, the general public.

3. Boiler inspectors are in a position to pass boilers during inspection that may have code or safety violations in exchange for an inducement offered by the boiler owner or operator.

CAREER COUNSELING SERVICES

Crimes involving fraud or deceptive business practices.

Reasons:

1. A violation of the Career Counseling Services Act is considered to be a deceptive trade practice. See Occupations Code §2502.301.

2. Career counselors have the means and the opportunity to practice deceit, fraud and misrepresentation related to the services provided to clients.

Conviction of crimes involving prohibited sexual conduct or involving children as victims.

Reason:

By the nature of the business, clients would have an inherent trust in the career counselor and be vulnerable to the actions from those with a predisposition to commit such crimes.

Crimes involving promotion of prostitution.

Reasons:

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

2. 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.

COMBATIVE SPORTS

Crimes involving misconduct in the participation in or promotion of combative sports events.

Reason:

A person with a demonstrated predisposition and experience in committing crimes related to participation in or promotion of combative sports or other sporting events would have the opportunity to engage in further similar conduct.

Crimes involving fraud or breach of a fiduciary duty would disqualify a promoter, manager, referee, judge, timekeeper or matchmaker.

Reason:

Promoters are entrusted with fighters' careers and often their winnings as well, putting them in a position of trust. A promoter who has demonstrated a predisposition and experience in committing such crimes would be given the opportunity to engage in further similar conduct.

Crimes involving illegal use or possession of controlled substances would be grounds for denial of a license to be a second.

Reasons:

1. Seconds are in care of a fighter's well being and ability to continue in the event. As such, a person with a demonstrated predisposition for illegal controlled substance abuse would be given the opportunity to engage in further such activity, perhaps to further the fighter's cause.

2. Due to the safety and welfare of the fighter in the care of the second, persons with convictions involving illegal use or possession of controlled substances are not fit to hold a license.

COURT INTERPRETERS

Crimes involving deceptive business practices.

Reasons:

1. A violation of the court interpreter statute is considered a deceptive trade practice. See Government Code §57.048.

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 involving bribery or perjury.

Reasons:

1. By the nature of the business court interpreters are testifying under oath.

2. A person convicted of bribery or perjury would have the opportunity to engage in further similar conduct.

ELECTRICIANS

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 service, parts, and equipment.

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.

ELEVATOR INSPECTORS

Crimes involving deceptive business practices.

Reasons:

1. Obtaining registration by furnishing fraudulent or false information on any application, or engaging in any false, misleading, or deceptive acts are grounds for denial of any certificate of registration. See Health and Safety Code §754.023.

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 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.