SECTION 223.16. Probation and Mitigating Factors

(a) The commission may consider probating a suspension term or issue a written reprimand based on proof of the following mitigating factors:

(1) the licensee's history of compliance with the terms of court-ordered community supervision;

(2) the licensee's post-arrest continuing rehabilitative efforts not required by the terms of community supervision;

(3) the licensee's post-arrest employment record; and

(4) the type and amount of any post-arrest, non-court ordered restitution made by the licensee.

(b) The commission may impose reasonable terms of probation, including:

(1) continued employment requirements;

(2) special reporting conditions;

(3) special document submission conditions;

(4) voluntary duty requirements; or

(5) any other reasonable term of probation.

(c) A probated or suspended license remains as such until:

(1) the term of suspension has expired;

(2) all other terms of probation have been fulfilled; and

(3) a written request for reinstatement has been received and accepted by the commission from the licensee unless the probation has been revoked by the commission for violation of probation; or

(4) revoked.

(d) A suspended license remains suspended until:

(1) the term of suspension has expired and the term of court-ordered community supervision has been completed; and

(2) a written request for reinstatement has been received from the licensee and accepted by the commission; or

(3) the remainder of the suspension is probated and the license is reinstated.

(e) The effective date of this section is February 1, 2016.

Source Note: The provisions of this §223.16 adopted to be effective February 1, 2016, 41 TexReg 281