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Tex. Occ. Code § 53.022

FACTORS IN DETERMINING WHETHER CONVICTION DIRECTLY RELATES TO OCCUPATION

Applied in 2 court decisions — leading case Brown v. Texas Department of Insurance (2000)

Most recently applied in Texas Department of Licensing and Regulation v. John Thompson (July 2013)

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff

In determining whether a criminal conviction directly relates to the duties and responsibilities of a licensed occupation, the licensing authority shall consider each of 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;

(4) the relationship of the crime to the ability or capacity 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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.