The Texas Commission of Licensing and Regulation (Commission) provides this public notice that, at its regularly scheduled meeting held July 20, 2018, 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 Code Enforcement Officer 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.

In 2015, the 84th Texas Legislature enacted Senate Bill 202 which provided for the transfer of thirteen health-related programs from the Department of State Health Services to TDLR. Seven of the thirteen programs transferred to TDLR, effective October 3, 2016, and the remaining six programs transferred November 1, 2017. The Code Enforcement Officer program was transferred in the second phase.

Christylla Miles, Stuart Walker, and Teresa Adrian, members of the Code Enforcement Officer Advisory Committee, were appointed to serve on an enforcement workgroup. Agency staff met with the enforcement workgroup on April 23, 2018, to develop the criminal conviction guidelines for the Code Enforcement Officer program.

The Criminal Conviction Guidelines for the Code Enforcement Officer 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 Code Enforcement Officer Advisory Committee at its meeting on May 10, 2018, and received the Board's recommendation of approval.

The Criminal Conviction Guidelines for Code Enforcement Officer program

Crimes involving fraud, deceptive trade/business practices, or abuse of office.

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 with the predisposition and experience in conduct such as abuse of official capacity as a public servant, official oppression, misuse of official information and the like would have the opportunity to engage in further similar conduct.

3. A person practicing deception towards a property owner having code enforcement work done regarding whether the work is performed properly and in accordance with established industry standards puts residents, property owners, their family, friends, and others at risk.

Crimes involving bribery, forgery, tampering with a governmental record, or perjury.

Reasons:

1. Licensees have the means and the opportunity to practice deceit fraud and misrepresentation related to the need for service.

2. 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.

3. A licensee practicing deception or corruption involving property owners, government officials, courts, or members of the public puts residents, property owners, their family, friends, and others at risk.

Crimes involving environmental law violations.

Reasons:

1. A person having the predisposition and experience in committing environmental law violations would have the opportunity to engage in further similar conduct.

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

Reasons:

1. Code enforcement officers 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.

3. This occupation provides persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes involving prohibited sexual conduct and public indecency.

Reasons:

1. Code enforcement officers have direct access to private residences and deal directly with the general public, often in private settings.

2. Code enforcement officers have direct access to business facilities and deal directly with the owners of the businesses and business personnel, often in private settings.

3. Code enforcement officers with the predisposition and experience in committing crimes of this nature would put the public at risk.

4. This occupation provides persons with this type of criminal history the opportunity to engage in further similar conduct.

Crimes involving children, the elderly or the disabled as victims.

Reasons:

1. Code enforcement officers interact with residents, property owners, family, friends, and others, in a position of trust and authority. Persons who have a history of committing such crimes could exploit this position and would pose a danger to the residents, property owners, or others.

2. This occupation provides persons with this type of criminal history the opportunity to engage in further similar conduct.

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

Reasons:

1. Code enforcement officers have access to private residences and businesses and would have access to unsecured personal property belonging to others.

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

Crimes involving the delivery, possession, manufacturing, or use of controlled substances or dangerous drugs.

Reasons:

1. Due to the safety concerns pertaining to the performance of code enforcement work, a person with convictions involving illegal use of controlled substances or dangerous drugs has not demonstrated fitness for the duties performed by a code enforcement officer.

Crimes involving being intoxicated by use of alcohol, drugs, or dangerous substances.

Reasons:

1. A person who may be impaired or intoxicated would pose a risk to the public.

2. Due to the safety concerns pertaining to the performance of code enforcement work, a person with convictions involving intoxication by use of alcohol, drugs, or dangerous substances has not demonstrated fitness for the duties performed by a code enforcement officer.

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.

This agency hereby certifies that this notice has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

TRD-201803206

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Filed: July 26, 2018