SECTION 60.40. License Eligibility for Persons with Criminal Convictions

(a) Texas Occupations Code, Chapter 53 provides that the commission or executive director may suspend or revoke an existing license, disqualify a person from receiving a license, or deny a person the opportunity to take a licensing examination if the person has been convicted of an offense listed under §53.021(a) or has a deferred adjudication that qualifies as a conviction under §53.021(d). Any such action shall be made after consideration of the factors listed in Texas Occupations Code §53.022 and §53.023 and the guidelines issued by the department under §53.025.

(b) Pursuant to Texas Occupations Code §51.355, a person whose license is revoked by order of the commission or the executive director based on the person's criminal history must wait one year from the date of revocation before applying for a new license.

(c) Provisions Related to Persons Who are Incarcerated or Imprisoned.

(1) A person who is incarcerated because of a felony conviction is not eligible to obtain a license or renew a previously issued license under this chapter or any statute governing a program regulated by the department.

(2) A person whose license is revoked by operation of law pursuant to Texas Occupations Code §53.021(b) must wait until release from imprisonment before applying for a new license.

(3) This subsection does not apply to the issuance of a student permit under Texas Occupations Code, Chapter 1603, to a person enrolled in a school administered by the Windham School District or the Texas Department of Criminal Justice.

Source Note: The provisions of this §60.40 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective July 1, 2010, 35 TexReg 5525; amended to be effective October 15, 2010, 35 TexReg 9080; amended to be effective February 1, 2020, 45 TexReg 533; amended to be effective January 1, 2023, 47 TexReg 8627