The Texas Commission of Licensing and Regulation ("Commission") provides this public notice that, at their regularly scheduled meeting held December 16, 2009, the Commission adopted the Texas Department of Licensing and Regulation's ("Department") updated Criminal Conviction Guidelines pursuant to Texas Occupations Code, §53.025(a). These guidelines describe the process by which the Department 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. The 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 the Department.

Senate Bill 1005, 81st Legislature, Regular Session (2009), transferred the regulation of polygraph examiners from the Polygraph Examiners Board to the Texas Department of Licensing and Regulation effective May 13, 2009, and amended Texas Occupations Code, Chapter 1703 relating to the regulation of polygraph examiners.

Also, Senate Bill 778, 81st Legislature, Regular Session (2009), created a new chapter under Texas Occupations Code, Chapter 1306 regarding identity recovery service contract providers and administrators and Senate Bill 1095 created a new chapter under Texas Occupations Code, Chapter 2309, regarding the licensing and regulation of used automotive parts recyclers and used automotive parts employees engaged in the buying of vehicles and the selling of used automotive parts.

The updated Criminal Conviction Guidelines include Polygraph Examiners and Trainees, Identity Recovery Service Contract Providers, and Used Automotive Parts Recyclers and Employees, and will become a part of the overall guidelines that are already in place for other Department programs. The Department presented the guidelines applicable to polygraph examiners to the Polygraph Examiners Advisory Committee at their meeting of December 7, 2009, and received the Committee's recommendation of approval. The Department also presented the guidelines to the Used Automotive Parts Recyclers Advisory Board at their meeting of December 9, 2009, and received the Board's recommendation of approval.

A copy of the updated Criminal Conviction Guidelines is posted on the Department's website and may be downloaded at www.license.state.tx.us. You may also contact the Enforcement Division at (512) 539-5600 or by email at enforcement@license.state.tx.us to obtain a copy of the updated guidelines.

TRD-201000005

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: January 4, 2010