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AGENCY Texas Department of Licensing and Regulation
ISSUE 04/18/2008
ACTION Miscellaneous

Public Notice - Updated Criminal Conviction Guidelines

The Texas Commission of Licensing and Regulation ("Commission") provides this public notice that, at their regularly scheduled meeting held March 25, 2008, 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.

Acts of the 80th Texas Legislature, House Bill 3064, created the "Discount Health Care Programs Act" by adding a new Chapter 76 to Subtitle C, Title 2 of the Texas Health and Safety Code. House Bill 3064 became effective September 1, 2007, and provides for the registration of discount health care card program operators with each of their programs and for the regulation of these programs' operations. The Discount Health Care Programs Act authorizes the Texas Department of Licensing and Regulation to create a new regulatory structure for discount health care card programs.

Also, Acts of the 80th Texas Legislature, House Bill 2094, created the "Texas Towing Act" by adding a new Chapter 2308 to the Texas Occupations Code. The Texas Towing Act gives the authority to regulate towing companies, tow truck drivers, and tow trucks to the Texas Department of Licensing and Regulation. It also transferred the regulatory authority under Texas Occupations Code, Chapter 2303, Vehicle Storage Facilities, from the Texas Department of Transportation to the Texas Department of Licensing and Regulation.

The updated Criminal Conviction Guidelines include the Discount Health Care Card Program, Tow Truck Operators and Permit Holders, and Vehicle Storage Facility Owners 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 towing and vehicle storage to the Towing and Storage Advisory Board at their meeting of March 14, 2008, and received 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) 463-2906 or by email at enforcement@license.state.tx.us to obtain a copy of the updated guidelines.

TRD-200801880

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: April 8, 2008



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