SECTION 60.41. License Eligibility for Persons with Deferred Adjudications or Other Criminal History

(a) Pursuant to Texas Occupations Code §51.356, the commission may deny, suspend, revoke, or refuse to renew a license, if the commission determines a deferred adjudication as specified under §51.356 makes the applicant or license holder unfit for the license. In making this determination, the commission shall consider the factors set forth 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 §51.4012(a), the commission may determine a person is not eligible for a license based on the person's criminal history.

(c) 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.

Source Note: The provisions of this §60.41 adopted to be effective July 1, 2010, 35 TexReg 5525; amended to be effective January 1, 2023, 47 TexReg 8627