Sec. 53.022. FACTORS IN DETERMINING WHETHER CONVICTION DIRECTLY RELATES TO OCCUPATION. In determining whether a criminal conviction directly relates to the duties and responsibilities of a licensed occupation, the licensing authority shall consider each of the following factors:
(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 or capacity 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 6, eff. September 1, 2019.
Structure Texas Statutes
Title 2 - General Provisions Relating to Licensing
Chapter 53 - Consequences of Criminal Conviction
Subchapter B. Ineligibility for License
Section 53.021. Authority to Revoke, Suspend, or Deny License
Section 53.0211. Licensing of Certain Applicants With Prior Criminal Convictions
Section 53.022. Factors in Determining Whether Conviction Directly Relates to Occupation
Section 53.0231. Notice of Pending Denial of License
Section 53.0232. Limitation Regarding Consideration of Certain Arrests
Section 53.024. Proceedings Governed by Administrative Procedure Act