SECTION 140.46. Guidelines for Issuing Licenses and Registrations to Persons with Criminal Convictions

(a) The purpose of this section is to comply with the requirements of Occupations Code, Chapter 53, Subchapter C (relating to Notice and Review of Suspension, Revocation, or Denial of License) and with Health and Safety Code, §781.108 (relating to Insurance; Health and Safety Code, §781.103 (relating to Application for License); and Health and Safety Code, §781.151 (relating to Registration Required).

(b) The department may deny a license or registration application or a license or registration renewal application, or revoke, suspend, or place on probation an existing license or registration if an applicant, licensee, or registrant has been convicted of a crime (felony or misdemeanor) according to the following guidelines:

(1) those criminal convictions listed in the Act, §781.106, shall be considered in determining eligibility for an original or renewal license or registration;

(2) those criminal convictions which evidence an unwillingness or inability to comply with the Act or this chapter may be asserted as a basis to deny a license or registration or to institute disciplinary action against an existing license or registration; and

(3) the factors and evidence listed in the Occupations Code, Chapter 53, Subchapter B (relating to Ineligibility for License) shall be considered in determining eligibility for an original or renewal license or registration.

(c) In accordance with the Act, the department may deny an application for a license or registration or for the renewal of a license or registration if the applicant has been convicted in any jurisdiction of a Class B misdemeanor or equivalent offense if the fifth anniversary of the date of conviction has not occurred before the date of application, unless a full pardon has been granted for reasons relating to a wrongful conviction.

Source Note: The provisions of this §140.46 adopted to be effective February 1, 2007, 32 TexReg 314