The Texas Commission of Licensing and Regulation (Commission) provides this public notice that, at their regularly scheduled meeting held March 9, 2016, the Commission adopted amendments to the Texas Department of Licensing and Regulation's (Department's) Criminal Conviction Guidelines pursuant to Texas Occupations Code, §53.025(a). The Criminal Conviction Guidelines are updated from the original guidelines published in the December 5, 2003, issue of the Texas Register (28 TexReg 11018) to include the Driver Education and Safety program.

The Criminal Conviction Guidelines (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.

House Bill 1786, 84th Legislature, Regular Session (2015), transferred Driver and Traffic Safety Education from the Texas Education Agency and the Texas Department of Public Safety to the Texas Department of Licensing and Regulation effective September 1, 2015, and amended Texas Education Code, Chapter 1001.

The Criminal Conviction Guidelines for the Driver Education and Safety program will become a part of the overall guidelines that are already in place for other Department programs. The Department presented the applicable guidelines to the Driver Training and Traffic Safety Advisory Committee at their meeting on February 25, 2016, and received the Committee's recommendation of approval.

The Criminal Conviction Guidelines for the Driver Education and Safety program are as follows:

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

Reasons:

1. Under §1001.2514(b) of the Texas Education Code, the agency SHALL suspend or revoke the license of a driver education instructor, or refuse to issue or renew a license to a driver education instructor applicant, if the licensee or applicant has been convicted of a felony offense under Title 5, Texas Penal Code.

2. Licensees interact with adults and children in an instructor/student role. Individuals who have committed crimes against the person would pose a potential danger to the students.

3. A person who has committed such crimes would have the opportunity to engage in further similar conduct.

Crimes involving prohibited sexual conduct.

Reasons:

1. Under §1001.2514(b) of the Texas Education Code, the agency SHALL suspend or revoke the license of a driver education instructor, or refuse to issue or renew a license to a driver education instructor applicant, if the licensee or applicant has been convicted of an offense on conviction of which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure.

2. Licensees interact with adults and children in an instructor/student role. Individuals who have committed crimes involving prohibited sexual conduct would pose a potential danger to the students.

3. A person who has committed such crimes would have the opportunity to engage in further similar conduct.

Crimes involving children as victims.

Reasons:

1. Licensees interact with children in an instructor/student role. Individuals who have committed crimes involving children as victims would pose a potential danger.

2. A person who has committed such crimes would have the opportunity to engage in further similar conduct.

Crimes against property such as theft, trespass, or burglary.

Reasons:

1. Licensees interact with adults and children in an instructor/student role. Licensees would have access to the property of students in classrooms and vehicles.

2. A person who has committed such crimes would have the opportunity to engage in further similar conduct.

Crimes involving fraud, forgery, or deceptive trade practices.

Reasons:

1. Licensees interact with adults and children in an instructor/student role. Licensees will often be involved in assessing the performance of students. Licensees would have the opportunity to prepare and submit false documents pertaining to the coursework or qualifications of students.

2. A person who has committed such crimes would have the opportunity to engage in further similar conduct.

Crimes involving the possession with intent to deliver, possession with intent to distribute, delivery, distribution or manufacture of drugs.

Reasons:

1. Licensees interact with adults and children in an instructor/student role. Licensees are in a position to pressure and/or influence students to possess, deliver or distribute drugs.

2. A person who has committed such crimes would have the opportunity to engage in further similar conduct.

Crimes involving the operation of a motor vehicle, including driving while intoxicated, intoxication assault, intoxication manslaughter, reckless driving, and fleeing or evading a police officer.

Reasons:

1. Licensees interact with adults and children in an instructor/student role. Licensees teach proper driving. Persons with a history of operating a motor vehicle in a dangerous manner would not be appropriate persons to teach proper driving.

2. Criminal activity of this type reveals a lack of regard for the safety of others.

3. A person with a predisposition for criminal activity of this type would pose a risk to the public.

4. The in car instructor license would provide the opportunity to engage in or encourage others to engage in further similar conduct.

A copy of the complete Criminal Conviction Guidelines is posted on the Department's website and may be obtained at www.tdlr.texas.gov. You may also contact the Enforcement Division at (512) 539-5600 or by email at enforcement@tdlr.texas.gov to obtain a copy of the complete guidelines.

TRD-201601636

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: April 8, 2016