Section 541.1 - Criminal Offense Guidelines(a) For the purposes of Chapter 53, Texas Occupations Code, the Texas Real Estate Commission (the Commission) considers that a deferred adjudication deemed a conviction under §53.021 or a conviction of the following criminal offenses directly relates to the duties and responsibilities of a real estate broker and real estate sales agent because committing these offenses tends to demonstrate a person's inability to represent the interest of another with honesty, trustworthiness, and integrity:(1) offenses involving fraud or misrepresentation;(2) offenses involving forgery, falsification of records, or perjury;(3) offenses involving the offering, paying, or taking of bribes, kickbacks, or other illegal compensation;(4) offenses against real or personal property belonging to another;(5) offenses against the person;(6) offenses against public administration;(7) offenses involving the sale or other disposition of real or personal property belonging to another without authorization of law;(8) offenses involving moral turpitude;(9) offenses in violation of Chapter 21, Texas Penal Code (sexual offenses);(10) offenses for which the person has been required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure;(11) felonies involving the manufacture, delivery, or intent to deliver controlled substances;(12) offenses of attempting or conspiring to commit any of the foregoing offenses;(13) offenses involving aiding and abetting the commission of an offense listed in this section;(14) repeated violations of one criminal statute or multiple violations of different criminal statutes; and(15) felonies involving driving while intoxicated (DWI) or driving under the influence (DUI).(b) For the purposes of Chapter 53, Texas Occupations Code, the Commission considers that a deferred adjudication deemed a conviction under §53.021, or a conviction of the following criminal offenses, directly relate to the duties and responsibilities of a professional inspector, real estate inspector, apprentice inspector, and easement or right-of-way agent for the reason that the commission of the offenses tends to demonstrate the person's inability to represent the interest of another with honesty, trustworthiness, and integrity:(1) offenses involving fraud or misrepresentation;(2) offenses involving forgery, falsification of records, or perjury;(3) offenses involving the offering, paying, or taking of bribes, kickbacks, or other illegal compensation;(4) offenses against real or personal property belonging to another;(5) offenses against the person;(6) offenses against public administration;(7) offenses involving the sale or other disposition of real or personal property belonging to another without authorization of law;(8) offenses involving moral turpitude;(9) offenses in violation of Chapter 21, Texas Penal Code (sexual offenses);(10) offenses for which the person has been required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure;(11) felonies involving the manufacture, delivery, or intent to deliver controlled substances;(12) offenses of attempting or conspiring to commit any of the foregoing offenses;(13) offenses involving aiding and abetting the commission of an offense listed in this section; and(14) repeated violations of one criminal statute or multiple violations of different criminal statutes.(c) In determining whether a criminal offense not listed in subsections (a) and (b) of this section is directly related to an occupation regulated by the Commission, the Commission shall consider:(1) the nature and seriousness of the crime;(2) the relationship of the crime to the purposes for requiring a license to engage in the occupation;(3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;(4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation; and(5) any correlation between the elements of the crime and the duties and responsibilities of the licensed occupation.(d) When determining a person's present fitness for a license, the Commission shall also consider:(1) the extent and nature of the person's past criminal activity;(2) the age of the person when the crime was committed;(3) the amount of time that has elapsed since the person's last criminal activity;(4) the conduct and work activity of the person before and after the criminal activity;(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;(6) evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision; and(7) other evidence of the person's present fitness, including letters of recommendation.(e) It is the applicant's or license holder's responsibility, to the extent possible, to obtain and provide the recommendations described in subsection (d)(7) of this section.(f) When determining a person's fitness to perform the duties and discharge the responsibilities of a licensed occupation regulated by the Commission, the Commission does not consider an arrest that did not result in a conviction or placement on deferred adjudication community supervision.22 Tex. Admin. Code § 541.1
The provisions of this §541.1 adopted to be effective May 19, 1982, 7 TexReg 1748; amended to be effective November 9, 1990, 15 TexReg 6189; amended to be effective December 8, 1992, 17 TexReg 8234; amended to be effective February 23, 1998, 23 TexReg 1568; amended to be effective May 4, 1999, 24 TexReg 3348; amended to be effective January 1, 2004, 28 TexReg 9546; amended to be effective January 7, 2009, 34 TexReg 60; amended to be effective September 1, 2010, 35 TexReg 7800; amended to be effective September 8, 2014, 39 TexReg 7140; Amended by Texas Register, Volume 43, Number 21, May 25, 2018, TexReg 3360, eff. 5/28/2018; Amended by Texas Register, Volume 45, Number 09, February 28, 2020, TexReg 1436, eff. 3/4/2020; Amended by Texas Register, Volume 47, Number 20, May 20, 2022, TexReg 3056, eff. 5/25/2022