| (a) Pursuant to Texas Occupations Code, §53.021(a)(1), the department may revoke a certificate of registration or deny an application for a certificate of registration on the grounds that a person has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of a metal recycling entity. (b) The department has determined that the following offenses directly relate to the duties and responsibilities of metal recycling entities. A conviction for one or more of the following offenses may result in the denial of an application (initial or renewal) for a certificate of registration or the revocation of a certificate of registration. Offenses directly related to the duties and responsibilities of metal recycling entities (as reflected in the Texas Penal Code) include, but are not limited to, the following: (1) Blackmail; (2) Bribery; (3) Burglary; (4) Counterfeiting; (5) Embezzlement; (6) Extortion; (7) False Pretenses; (8) Forgery; (9) Fraud against revenue or other government functions; (10) Larceny (grand or petit); (11) Mail fraud; (12) Malicious destruction of property; (13) Perjury; (14) Receiving stolen goods (with guilty knowledge); (15) Tax evasion (willful); (16) Theft (when it involves the intention of permanent taking); and (17) Transporting stolen property (with guilty knowledge). (c) A felony conviction for one of the offenses listed in subsection (b) of this section that directly relates to the duties and responsibilities metal recycling entities, a sexually violent offense as defined by Code of Criminal Procedure, Article 62.001, or an offense listed in Code of Criminal Procedure, Article 42.12, §3(g), is disqualifying for ten years from the date of the conviction, unless a full pardon has been granted under the authority of a state or federal official and not only by statutory effect. (d) A misdemeanor conviction for one of the offenses listed in subsection (b) of this section or a substantially similar offense is disqualifying for five years from the date of conviction, unless a full pardon has been granted under the authority of a state or federal official and not only by statutory effect. (e) For the purposes of this chapter, all references to 'conviction' are to those for which the judgment has become final. (f) A person's certificate of registration shall be revoked for the imprisonment of the certificate holder following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision for an offense that does not relate to the occupation for which the certificate is sought and is disqualifying for five years from the date of the conviction. (g) The department may consider the factors specified in Texas Occupations Code, §53.022 and §53.023 in determining whether to grant, deny, or revoke any certificate of registration. |
