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 Registered Sanitarians 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 Registered Sanitarians program was transferred in the second phase.

Jim Dingman, Lisa Pomroy, Shaun May, and Ray Knight, members of the Registered Sanitarian Advisory Committee, were appointed to serve on an enforcement workgroup. Agency staff met with the enforcement workgroup on April 24, 2018, to develop the criminal conviction guidelines for the Registered Sanitarians program.

The Criminal Conviction Guidelines for the Registered Sanitarians 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 Registered Sanitarians Advisory Committee at its meeting on May 8, 2018, and received the Board's recommendation of approval.

The Criminal Conviction Guidelines for Registered Sanitarians 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 environmental health 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. Registered sanitarians 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 registered sanitarian 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 or affecting public health.

Reasons:

1. A person having the predisposition and experience in committing environmental law violations or offenses that affect public health would have the opportunity to engage in further similar conduct.

Crimes against the person such as homicide, kidnapping, assault or crimes involving negligent or reckless use of a motor vehicle.

Reasons:

1. Registered sanitarians 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. Registered sanitarians regularly travel by motor vehicle to perform their work and would have many opportunities to perform work duties or to use electronic communication devices while driving or to drive while excessively fatigued. A person driving in a distracted or unsafe manner would pose a risk to the public.

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

Crimes involving animal cruelty or neglect.

Reasons:

1. Registered sanitarians may have direct contact with or responsibility for the health and wellbeing of domestic animals at residences and businesses in the performance of their duties.

2. A person who has committed crimes involving cruel or neglectful conduct towards animals or that otherwise placed animals at risk for harm would have the opportunity to engage in further similar conduct.

Crimes involving prohibited sexual conduct and public indecency.

Reasons:

1. Registered sanitarians have direct access to private residences and deal directly with the general public, often in private settings.

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

3. Registered sanitarians 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. Registered sanitarians 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. Registered sanitarians 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 environmental health work, a person with convictions involving illegal use of controlled substances or dangerous drugs has not demonstrated fitness for the duties performed by a registered sanitarian.

2. Registered sanitarians' mobility allows them the opportunity to receive, sell or otherwise distribute illegal goods or substances.

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

Crimes involving being impaired or 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 environmental health 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 registered sanitarian.

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.

Filed with the Office of the Secretary of State on July 26, 2018.

TRD-201803207

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Filed: July 26, 2018