Current through Reg. 49, No. 38; September 20, 2024
(a)
For the purposes of Chapter 53, Texas Occupations Code, the Texas Real Estate
Commission (the Commission) considers that a deferred adjudication deemed a
conviction under §53.021 or a conviction of the following criminal
offenses directly relates to the duties and responsibilities of a real estate
broker and real estate sales agent because committing these offenses tends to
demonstrate a 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 offering, paying, or taking of bribes, kickbacks, or
other illegal compensation;
(4)
offenses against real or personal property belonging to another;
(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) felonies involving
the manufacture, delivery, or intent to deliver controlled
substances;
(12) offenses of
attempting or conspiring to commit any of the foregoing offenses;
(13) offenses involving aiding and abetting
the commission of an offense listed in this section;
(14) repeated violations of one criminal
statute or multiple violations of different criminal statutes; and
(15) felonies involving driving while
intoxicated (DWI) or driving under the influence (DUI).
(b) For the purposes of Chapter 53, Texas
Occupations Code, the 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 professional
inspector, real estate inspector, apprentice inspector, and easement or
right-of-way agent 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 offering, paying, or taking of bribes, kickbacks, or
other illegal compensation;
(4)
offenses against real or personal property belonging to another;
(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) felonies involving
the manufacture, delivery, or intent to deliver controlled
substances;
(12) offenses of
attempting or conspiring to commit any of the foregoing offenses;
(13) offenses involving aiding and abetting
the commission of an offense listed in this section; and
(14) repeated violations of one criminal
statute or multiple violations of different criminal statutes.
(c) In determining whether a
criminal offense not listed in subsections (a) and (b) of this section is
directly related to an occupation regulated by the Commission, the Commission
shall consider:
(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, capacity, or fitness 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.
(d) When
determining a person's present fitness for a license, the Commission shall also
consider:
(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) evidence of the person's compliance with
any conditions of community supervision, parole, or mandatory supervision;
and
(7) other evidence of the
person's present fitness, including letters of recommendation.
(e) It is the applicant's or
license holder's responsibility, to the extent possible, to obtain and provide
the recommendations described in subsection (d)(7) of this section.
(f) When determining a person's fitness to
perform the duties and discharge the responsibilities of a licensed occupation
regulated by the Commission, the Commission does not consider an arrest that
did not result in a conviction or placement on deferred adjudication community
supervision.
