Sec. 51.356. DEFERRED ADJUDICATION; LICENSE SUSPENSION, LICENSE REVOCATION, OR DENIAL OR REFUSAL TO RENEW LICENSE. (a) The commission may deny, suspend, revoke, or refuse to renew a license or other authorization issued by a program regulated by the department if:
(1) the person holding or seeking the license received deferred adjudication for:
(A) any offense described by Article 62.001(5), Code of Criminal Procedure; or
(B) an offense other than an offense described by Paragraph (A) if:
(i) the person has not completed the period of deferred adjudication or the person completed the period of deferred adjudication less than five years before the date the person applied for the license; or
(ii) a conviction for the offense would make the person ineligible for the license by operation of law; and
(2) the commission determines that the deferred adjudication makes the person unfit for the license.
(b) In making a determination under Subsection (a)(2), the commission shall consider the factors set forth in Sections 53.022 and 53.023 and the guidelines issued by the department under Section 53.025.
Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 9, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 938 (H.B. 1659), Sec. 1, eff. September 1, 2013.
Structure Texas Statutes
Title 2 - General Provisions Relating to Licensing
Chapter 51 - Texas Department of Licensing and Regulation
Subchapter G. Other Penalties and Enforcement Provisions
Section 51.351. Inspections and Investigations
Section 51.3511. Issuance of Emergency Orders
Section 51.3513. Cease and Desist Order
Section 51.352. Injunctive Relief; Civil Penalty
Section 51.353. License Denial; Administrative Sanctions
Section 51.354. Right to Hearing; Administrative Procedure
Section 51.355. License Eligibility of Person Whose License Has Been Revoked
Section 51.357. Restricted Licenses for Certain Occupations