Texas Administrative Code
Title 37 - PUBLIC SAFETY AND CORRECTIONS
Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 23 - VEHICLE INSPECTION
Subchapter A - VEHICLE INSPECTION STATION AND VEHICLE INSPECTOR CERTIFICATION
Section 23.5 - Vehicle Inspection Station and Vehicle Inspector Disqualifying Criminal Offenses

(a) Vehicle inspection stations and vehicle inspectors are entrusted with ensuring vehicles traveling on the roads of Texas are in compliance with the vehicle emissions requirements of the emissions inspection program, the State Implementation Plan, and the commercial vehicle inspection program. The State Implementation Plan is available at the following website: https://www.tceq.texas.gov/airquality/sip/. Vehicle inspection stations and vehicle inspectors have access to vehicle owners' personal information and have constant access to and are responsible for the lawful disposition of government records. 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 that relate to vehicle inspections or the operation of vehicle inspection stations.

(b) The offenses listed in paragraphs (1) - (8) 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) - (8) 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.

(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 42A.054, is permanently disqualifying.

(d) 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.

(e) 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.

(f) 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:

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