16 Tex. Admin. Code § 60.40
Current through Register Vol. 49, No. 48, November 29, 2024
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) Except as provided in subsection (d), the following provisions apply 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.(d) Notwithstanding subsection (c), the department may: (1) issue 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; or (2) in accordance with Texas Occupations Code § 51.4014, accept a license application from a person who is in the custody of the Texas Department of Criminal Justice, is scheduled for release from incarceration or imprisonment within the next 90 days, and who: (A) previously held a license of the same type for which the person is applying; or(B) has completed a relevant course of study in the Windham School District, or other program acceptable to the department, to prepare the person for reentry into the workforce in the occupation for which the person seeks a license.16 Tex. Admin. Code § 60.40
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 by Texas Register, Volume 45, Number 04, January 24, 2020, TexReg 535, eff. 2/1/2020; Amended by Texas Register, Volume 47, Number 51, December 23, 2022, TexReg 8633, eff. 1/1/2023; Amended by Texas Register, Volume 49, Number 47, November 22, 2024, TexReg 9511, eff. 12/1/2024