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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 23VEHICLE INSPECTION
SUBCHAPTER AVEHICLE INSPECTION STATION AND VEHICLE INSPECTOR CERTIFICATION
RULE §23.5Vehicle Inspection Station and Vehicle Inspector Disqualifying Criminal Offenses

(a) Vehicle inspection stations and vehicle inspectors are entrusted with ensuring the safety and fitness of vehicles traveling on the roads of Texas. Vehicle inspection stations and vehicle inspectors have constant access to and are responsible for the lawful disposition of government documents. For these reasons, the department has determined that the offenses contained within this section relate directly to the duties and responsibilities of vehicle inspection stations and vehicle inspectors certified under Texas Transportation Code, Chapter 548. The types of offenses listed in this section are general categories that include all specific offenses within the corresponding chapter of the Texas Penal Code and any such offenses regardless of the code in which they appear.

(b) The offenses listed in paragraphs (1) - (9) of this subsection are intended to provide guidance only, and are not exhaustive of either the types of offenses that may relate to vehicle inspections or the operation of a vehicle inspection station or those that are independently disqualifying under Texas Occupations Code, §53.021(a)(2) - (4). The disqualifying offenses also include those crimes under the laws of another state or the United States, if the offense contains elements that are substantially similar to the elements of a disqualifying offense under the laws of this state. Such offenses also include the "aggravated" or otherwise heightened versions of the offenses listed in paragraphs (1) - (9) of this subsection. In addition, after due consideration of the circumstances of the criminal act and its relationship to the position of trust involved in vehicle inspections or the operation of a vehicle inspection station, the department may find that a conviction not described in this section also renders a person unfit to hold a certificate as a vehicle inspector or vehicle inspection station owner. In particular, an offense that is committed in one's capacity as a vehicle inspection station owner or vehicle inspector, or an offense that is facilitated by licensure as an owner or inspector, will be considered related to the occupation and will render the person unfit to hold the certification.

  (1) Arson, Criminal Mischief, and Other Property Damage or Destruction (Texas Penal Code, Chapter 28).

  (2) Robbery (Texas Penal Code, Chapter 29).

  (3) Burglary and Criminal Trespass (Texas Penal Code, Chapter 30).

  (4) Theft (Texas Penal Code, Chapter 31).

  (5) Fraud (Texas Penal Code, Chapter 32).

  (6) Bribery and Corrupt Influence (Texas Penal Code, Chapter 36).

  (7) Perjury and Other Falsification (Texas Penal Code, Chapter 37).

  (8) Criminal Homicide (Texas Penal Code, Chapter 19).

  (9) Driving Related Intoxication Offenses (Texas Penal Code, Chapter 49).

(c) A felony conviction for any such offense is disqualifying for ten years from the date of conviction, unless the offense was committed in one's capacity as a vehicle inspection station owner or vehicle inspector, or was facilitated by licensure as an owner or inspector, in which case it is permanently disqualifying. Conviction for a sexually violent offense as defined by Texas Code of Criminal Procedure, Article 62.001, or an offense listed in Texas Code of Criminal Procedure, Article 42.12 (3)(g), is permanently disqualifying.

(d) A felony conviction for an offense not listed or described in this section that does not relate to the occupation is disqualifying for five years from the date of conviction, pursuant to Texas Occupations Code, §53.021(a)(2).

(e) A Class A misdemeanor conviction for an offense listed in this section and any other offense determined by the department to directly relate to the duties and responsibilities of vehicle inspection stations or vehicle inspectors, including any unlisted offense committed in one's capacity as a vehicle inspection station owner or vehicle inspector or that was facilitated by licensure as an owner or inspector, is disqualifying for five years from the date of conviction.

(f) A Class B misdemeanor conviction for an offense listed in this section and any other offense determined by the department to directly relate to the duties and responsibilities of vehicle inspection stations or vehicle inspectors, including any unlisted offense committed in one's capacity as a vehicle inspection station owner or vehicle inspector or that was facilitated by licensure as an owner or inspector, is disqualifying for two years from the date of conviction.

(g) For purposes of this section, a person is convicted of an offense when an adjudication of guilt or an order of deferred adjudication for the offense is entered against the person by a court of competent jurisdiction.

(h) A person who is otherwise disqualified pursuant to the criteria in this section may submit documentation as detailed in paragraphs (1) - (8) of this subsection as evidence of his or her fitness to perform the duties and discharge the responsibilities of a vehicle inspection station certificate holder or vehicle inspector:

  (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) Letters of recommendation from:

    (A) prosecutors, law enforcement and correctional officers who prosecuted, arrested, or had custodial responsibility for the person;

    (B) the sheriff or chief of police in the community where the person resides; or

    (C) any other person in contact with the convicted person.

  (7) Evidence the applicant has:

    (A) maintained a record of steady employment;

    (B) supported the applicant's dependents;

    (C) maintained a record of good conduct; and

    (D) paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant has been convicted.

  (8) Any other evidence relevant to the person's fitness for the certification sought.

(i) The failure to provide the required documentation in a timely manner may result in the proposed action being taken against the application or license.


Source Note: The provisions of this §23.5 adopted to be effective March 13, 2013, 38 TexReg 1700

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