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request for reinstatement has been received and accepted by the commission from the licensee unless the probation has been revoked by the commission for violation of probation; or(d) A suspended license remains suspended until: (1) the term of suspension has expired and the term of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, 2016.37 Tex. Admin. Code § 223.16
The provisions of this §223.16 adopted to be effective January 1, 2012, 36 TexReg 9002; amended to be effective February 1, 2014, 38 TexReg 9620; Adopted by Texas Register, Volume 41, Number 01, January 1, 2016, TexReg 281, eff. 2/1/2016