SECTION 139.43. License or Registration Holder with Criminal Convictions

(a) The board shall follow the requirements of Chapter 53, Texas Occupations Code, and shall revoke the license or registration of any license or registration holder incarcerated as a result of:

(1) a felony conviction;

(2) violation of felony probation or parole; or

(3) revocation of mandatory supervision.

(b) The board, after it considers the factors provided in Texas Occupations Code §53.022 and §53.023, may take any of the actions set out in §139.31 of this chapter (relating to Enforcement Actions for Violations of the Acts or Board Rules) when a license or registration holder is convicted of a misdemeanor or a felony without incarceration if the crime directly relates to the license holder's duties and responsibilities as a professional engineer or professional land surveyor.

(c) Any license or registration holder whose license or registration has been revoked under the provisions of this subsection may apply for a new license or registration upon release from incarceration, but the application shall be subject to additional scrutiny relating to the incarceration. Such scrutiny shall be in accordance with Chapter 53, Texas Occupations Code.

Source Note: The provisions of this §139.43 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective January 1, 2006, 30 TexReg 8689; amended to be effective December 21, 2008, 33 TexReg 10182; amended to be effective December 25, 2020, 45 TexReg 9206