<<Prev Rule

Texas Administrative Code

Next Rule>>
RULE §541.1Criminal Offense Guidelines

(a) For the purposes of Texas Occupations Code, Chapter 53, §§1101.354, 1102.107, 1102.108, 1102.109, and §535.400(f) of this title, the Texas Real Estate Commission considers that a deferred adjudication deemed a conviction under §53.021 or a conviction of the following criminal offenses directly relate to the duties and responsibilities of a real estate broker, real estate salesperson, easement or right-of-way agent, professional inspector, real estate inspector or apprentice inspector for the reason that the commission of the offenses tends to demonstrate the person's inability to represent the interest of another with honesty, trustworthiness and integrity:

  (1) offenses involving fraud or misrepresentation;

  (2) offenses involving forgery, falsification of records, or perjury;

  (3) offenses involving the taking of bribes, kickbacks, or other illegal compensation;

  (4) offenses against real or personal property belonging to another, if committed knowingly or intentionally;

  (5) offenses against the person;

  (6) offenses against public administration;

  (7) offenses involving the sale or other disposition of real or personal property belonging to another without authorization of law;

  (8) offenses involving moral turpitude;

  (9) offenses in violation of Chapter 21, Texas Penal Code (sexual offenses);

  (10) offenses for which the person has been required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure;

  (11) offenses of attempting or conspiring to commit any of the foregoing offenses;

  (12) offenses involving aiding and abetting the commission of an offense listed in this section;

  (13) repeated or multiple violations of any criminal statute evidencing a disregard for or inability to comply with the law;

  (14) felonies involving driving while intoxicated (DWI) or driving under the influence (DUI); and

  (15) any other offense that the commission determines is directly related to an occupation regulated by the commission using the factors described in subsection (b) of this section.

(b) In determining whether a criminal offense listed in subsection (a) of this section or any other criminal offense is directly related to an occupation regulated by the commission, the commission shall consider and make appropriate findings of fact in a contested case upon 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; and

  (4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation.

(c) In addition to the factors under subsection (b) of this section, the commission, in determining a person's present fitness for a license, shall consider the following evidence:

  (1) the extent and nature of the person's past criminal activity;

  (2) the age of the person at the time of the commission of the offense;

  (3) the amount of time that has elapsed since the person's last criminal activity;

  (4) the conduct and work activity of the person prior to and following the criminal activity;

  (5) the person's compliance with the court-ordered terms and conditions while on parole, supervised release, probation, or community supervision;

  (6) the person's repeated offenses over a period of time which tend to demonstrate a lack of respect for, disregard for, or apparent inability to comply with, the law;

  (7) the time remaining, if any, on the person's term of parole, supervised release, probation, or community supervision;

  (8) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release; and

  (9) other evidence of the person's present fitness, including letters of recommendation from: prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person; the sheriff and chief of police in the community where the person resides; and any other persons in contact with the person.

(d) It shall be the responsibility of the applicant to provide to the commission:

  (1) the recommendations of prosecution, law enforcement, and correctional authorities;

  (2) signed letters of character reference from persons in the applicant's business or professional community which confirm that the writer knows about the applicant's prior criminal conduct;

  (3) proof in such form as may be required by the commission that he or she has maintained a record of steady employment;

  (4) proof that the applicant has supported his or her dependents, if any;

  (5) proof that the applicant has maintained a record of good conduct;

  (6) proof that the applicant has paid all outstanding court costs, supervision fees, fines, and restitution as may have been ordered in all criminal cases; and

  (7) if the applicant submits a letter of character reference from a prospective sponsor, the letter must confirm that the writer knows about the applicant's prior criminal conduct.

Source Note: The provisions of this §541.1 adopted to be effective May 19, 1982, 7 TexReg 1748; amended to be effective November 9, 1990, 15 TexReg 6189; amended to be effective December 8, 1992, 17 TexReg 8234; amended to be effective February 23, 1998, 23 TexReg 1568; amended to be effective May 4, 1999, 24 TexReg 3348; amended to be effective January 1, 2004, 28 TexReg 9546; amended to be effective January 7, 2009, 34 TexReg 60; amended to be effective September 1, 2010, 35 TexReg 7800

Next Page Previous Page

Home TxReg TAC OM NewTac Public Footer Bar