List of Felony Restrictions

A listing of the restrictions on convicted felons that have been identified and compiled by the Texas State Law Library is available below. These restrictions are arranged alphabetically by the name of the Texas code to which they belong (e.g., Code of Criminal Procedure, Alcoholic Beverages Code, Government Code).

Please note: we do not warrant this to be a complete listing of all restrictions on convicted felons. This is a listing of the restrictions that the library has been able to identify.

Agriculture Code

§76.108. Pesticide And Herbicide Regulation — Commercial Applicator License

(a) A person who operates a business or is an employee of a business that applies state-limited-use or restricted-use pesticides or regulated herbicides to the land of another person for hire or compensation and who is required to be licensed by Section 76.105 of this code shall apply to the appropriate regulatory agency for a commercial applicator license issued for the license use categories and subcategories in which the pesticide application is to be made.

(b) A person shall apply for an original or renewal commercial applicator license on forms prescribed by the regulatory agency. The application shall include information as required by rule of the head of the agency and must be accompanied by an annual license fee, as fixed by the head of the agency.

(c) The head of a regulatory agency may not issue an original commercial applicator license before the applicant has passed an examination under Section 76.110 of this code.

(d) The head of a regulatory agency may not issue a commercial applicator license if it has been determined that:(1) the applicant has been convicted of a felony involving moral turpitude in the last five years;

http://www.statutes.legis.state.tx.us/Docs/AG/htm/AG.76.htm#76.108

Alcoholic Beverage Code

§11.46. Licenses And Permits — General Grounds For Refusal

(a) The commission or administrator may refuse to issue an original or renewal permit with or without a hearing if it has reasonable grounds to believe and finds that any of the following circumstances exists:

(1) the applicant has been convicted in a court of competent jurisdiction of the violation of any provision of this code during the two years immediately preceding the filing of his application;

(2) five years have not elapsed since the termination, by pardon or otherwise, of a sentence imposed on the applicant for the conviction of a felony;

http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.11.htm#11.46


Note(s) Regarding This Legislation:

In 2003, House Bill 2005 changed "three years" to "five years" in Sec.11.46(a)(2)

Other Note(s):

Note professions affected:

Alcoholic Beverage Code Sec. 11.01. PERMIT REQUIRED. (a) No person who has not first obtained a permit of the type required for the privilege exercised may, in a wet area, do any of the following:

(1) manufacture, distill, brew, sell, possess for the purpose of sale, import into this state, export from this state, transport, distribute, warehouse, or store liquor;

(2) solicit or take orders for liquor; or (3) for the purpose of sale, bottle, rectify, blend, treat, fortify, mix, or process liquor.

Alcoholic Beverage Code

§11.61. Licenses And Permits — Cancellation Or Suspension Of Permit

(a) As used in Subsection (b) of this section, the word "permittee" also includes each member of a partnership or association and, with respect to a corporation, each officer and the owner or owners of a majority of the corporate stock. This section shall not be construed as prohibiting anything permitted under Section 22.06, 24.05, or 102.05 of this code.

(b) The commission or administrator may suspend for not more than 60 days or cancel an original or renewal permit if it is found, after notice and hearing, that any of the following is true:

(1) the permittee has been finally convicted of a violation of this code;
(2) the permittee violated a provision of this code or a rule of the commission;
(3) the permittee was finally convicted of a felony while holding an original or renewal permit;

http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.11.htm#11.61

Alcoholic Beverage Code

§25.06. Wine And Beer Retailer's Permit — Denial Of Original Application

(a) The county judge shall deny an original application for a wine and beer retailer's permit if he finds that the applicant, or the applicant's spouse, during the five years immediately preceding the application, was finally convicted of a felony or one of the following offenses:

(1) prostitution;
(2) a vagrancy offense involving moral turpitude;
(3) bookmaking;
(4) gambling or gaming;
(5) an offense involving controlled substances as defined in Chapter 481, Health and Safety Code or other dangerous drugs;
(6) a violation of this code resulting in the cancellation of a license or permit, or a fine of not less than $500;
(7) more than three violations of this code relating to minors;
(8) bootlegging; or
(9) an offense involving firearms or a deadly weapon.

(b) The county judge shall also deny an original application for a permit if he finds that five years have not elapsed since the termination of a sentence, parole, or probation served by the applicant or the applicant's spouse because of a felony conviction or conviction of any of the offenses described in Subsection (a) of this section.

(c) The commission shall refuse to issue a renewal of a wine or beer retailer's permit if it finds:

(1) that the applicant, or the applicant's spouse, has been convicted of a felony or one of the offenses listed in Subsection (a) of this section at any time during the five years immediately preceding the filing of the application for renewal; or
(2) that five years have not elapsed since the termination of a sentence, parole, or probation served by the applicant, or the applicant's spouse, of a felony conviction or conviction of any of the offenses described in Subsection (a) of this section.(d) In this section the word "applicant" includes the individual natural person holding or applying for the permit or, if the holder or applicant is not an individual natural person, the individual partner, officer, trustee, or receiver who is primarily responsible for the management of the premises.

http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.25.htm#25.06


Note(s) Regarding This Legislation:

In 2003, House Bill 2005 changed "three years" to "five years" in Sec.25.06(a)

Alcoholic Beverage Code

§61.42. Licenses — Mandatory Grounds For Refusal: Distributor Or Retailer

(a) The county judge shall refuse to approve an application for a license as a distributor or retailer if he has reasonable grounds to believe and finds that:

(1) the applicant is a minor;
(2) the applicant is indebted to the state for any taxes, fees, or penalties imposed by this code or by rule of the commission;
(3) the place or manner in which the applicant for a retail dealer's license may conduct his business warrants a refusal of a license based on the general welfare, health, peace, morals, safety, and sense of decency of the people;
(4) the applicant is in the habit of using alcoholic beverages to excess or is mentally or physically incompetent;
(5) the applicant is not a United States citizen or has not been a citizen of Texas for a period of one year immediately preceding the filing of his application, unless he was issued an original or renewal license on or before September 1, 1948;
(6) the applicant was finally convicted of a felony during the five years immediately preceding the filing of his application;

http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.61.htm#61.42


Note(s) Regarding This Legislation:

In 2003, House Bill 2005 changed "three years" to "five years" in Sec.61.42(a)(6)

Alcoholic Beverage Code

§61.43. Licenses — Discretionary Grounds For Refusal

(a) The county judge may refuse to approve an application for a license as a distributor or retailer if the county judge has reasonable grounds to believe and finds that:

(1) the applicant has been finally convicted in a court of competent jurisdiction for the violation of a provision of this code during the two years immediately preceding the filing of an application;
(2) five years has not elapsed since the termination, by pardon or otherwise, of a sentence imposed for conviction of a felony;

http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.61.htm#61.43


Note(s) Regarding This Legislation:

In 2003, House Bill 2005 changed "two years" to "five years" in Sec.61.43(a)(2).

Alcoholic Beverage Code

§61.71. Cancellation And Suspension Of Licenses — Grounds For Cancellation Or Suspension: Retail Dealer

(a) The commission or administrator may suspend for not more than 60 days or cancel an original or renewal retail dealer's on- or off-premise license if it is found, after notice and hearing, that the licensee:

(1) violated a provision of this code or a rule of the commission during the existence of the license sought to be cancelled or suspended or during the immediately preceding license period;
(2) was finally convicted for violating a penal provision of this code;
(3) was finally convicted of a felony while holding an original or renewal license;

http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.61.htm#61.71

Alcoholic Beverage Code

§61.74. Cancellation And Suspension Of Licenses — Grounds For Cancellation Or Suspension: Distributor

(a) The commission or administrator may suspend for not more than 60 days or cancel an original or renewal general, local, or branch distributor's license if it is found, after notice and hearing, that the licensee:

(1) violated a provision of this code or a rule of the commission during the existence of the license sought to be cancelled or suspended or during the immediately preceding license period;
(2) was finally convicted for violating a penal provision of this code;
(3) was finally convicted of a felony while holding an original or renewal license;

http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.61.htm#61.74

Alcoholic Beverage Code

§69.06. Retail Dealer's On-Premise License — Denial Of Original Application

(a) The county judge shall deny an original application for a retail dealer's on-premise license if he finds that the applicant or the applicant's spouse, during the five years immediately preceding the application, was finally convicted of a felony or one of the following offenses:

(1) prostitution;
(2) a vagrancy offense involving moral turpitude;
(3) bookmaking;
(4) gambling or gaming;
(5) an offense involving controlled substances as defined in the Texas Controlled Substances Act or other dangerous drugs;
(6) a violation of this code resulting in the cancellation of a license or permit, or a fine of not less than $500;
(7) more than three violations of this code relating to minors;
(8) bootlegging; or
(9) an offense involving firearms or a deadly weapon.

(b) The county judge shall also deny an original application for a license if he finds that five years has not elapsed since the termination of a sentence, parole, or probation served by the applicant or the applicant's spouse because of a felony conviction or conviction of any of the offenses described in Subsection (a) of this section.

(c) The commission shall refuse to issue a renewal of a retail dealer's on-premise license if it finds:

(1) that the applicant or the applicant's spouse has been finally convicted of a felony or one of the offenses listed in Subsection (a) of this section at any time during the five years immediately preceding the filing of the application for renewal; or
(2) that five years has not elapsed since the termination of a sentence, parole, or probation served by the applicant or the applicant's spouse because of a felony prosecution or prosecution for any of the offenses described in Subsection (a) of this section.

http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.69.htm#69.06


Note(s) Regarding This Legislation:

Acts 2003, 78th Leg., ch. 625 throughout subsecs. (a) to (c) substituted “five years” for “three years.”

Business and Commerce Code

§51.161. Registration Of Business Opportunity — Contents: Legal Action History

(a) A disclosure statement must contain a statement disclosing any person described by Section 51.153 who:

(1) has, during the previous seven fiscal years:

(A) been convicted of a felony, or pleaded nolo contendere to a felony charge, involving fraud, embezzlement, fraudulent conversion, or misappropriation of property; or
(B) been held liable in a civil action resulting in a final judgment, or has settled out of court a civil action, involving:

(i) allegations of fraud, embezzlement, fraudulent conversion, or misappropriation of property;
(ii) the use of untrue or misleading representations in an attempt to sell or dispose of property; or
(iii) the use of unfair, unlawful, or deceptive business practices;

(2) is a party to a civil action involving:

(A) allegations of fraud, embezzlement, fraudulent conversion, or misappropriation of property;
(B) the use of untrue or misleading representations in an attempt to sell or dispose of property; or
(C) the use of unfair, unlawful, or deceptive business practices; or

(3) is subject to an injunction or restrictive order relating to business activity as a result of an action brought by a public agency or department.

(b) A statement required by Subsection (a) must include:(1) the identity and location of any court or agency;(2) the date of any entry of a plea of nolo contendere, conviction, judgment, or decision;(3) any penalty imposed;(4) any damages assessed;(5) the terms of any settlement or order; and(6) the date, nature, and issuer of any order or ruling.

http://www.statutes.legis.state.tx.us/Docs/BC/htm/BC.51.htm#51.161


Note(s) Regarding This Legislation:

Previously Bus. & C. Sec. 41.161. Repealed by Acts 2007, 80th Leg., eff. April 1, 2009.

Other Note(s):

The Business Opportunity Act, Bus. & C. Chapter 51 was passed by the 80th Legislature and became effective April 1, 2009.

Business Organizations Code

§9.151. Foreign Entities — Revocation Of Registration By Court Action

(5) public interest requires revocation because:

(A) the entity has been convicted of a felony or a high managerial agent of the entity has been convicted of a felony committed in the conduct of the entity's affairs;
(B) the entity or the high managerial agent has engaged in a persistent course of felonious conduct; and
(C) revocation is necessary to prevent future felonious conduct of the same character.

http://www.statutes.legis.state.tx.us/Docs/BO/htm/BO.9.htm#9.151


Other Note(s):

Former law:  Vernon's Ann. Texas Civ. St. Art. 1528n Art. 7.11 Sec. F: The Texas Limited Liability Company Act expired by its own terms Jan. 1, 2010.

Former language: Sec. F. When a foreign limited liability company is convicted of a felony, or when a high managerial agent is convicted of a felony committed in the conduct of the affairs of the foreign limited liability company, the Attorney General may file an action to revoke the certificate of authority of the foreign limited liability company to transact business in this State in a district court of the county in which the registered office of the foreign limited liability company in this State is situated or in a district court of Travis County. The court may revoke the foreign limited liability company's certificate of authority if it is established that:

(1) The foreign limited liability company, or a high managerial agent acting in behalf of the foreign limited liability company has engaged in a persistent course of felonious conduct; and
(2) To prevent future felonious conduct of the same character, the public interest requires such revocation.

Business Organizations Code

§11.301. Winding Up And Termination Of Domestic Entity — Involuntary Winding Up And Termination Of Filing Entity By Court Action

(5) public interest requires winding up and termination of the filing entity because:

(A) the filing entity has been convicted of a felony or a high managerial agent of the filing entity has been convicted of a felony committed in the conduct of the filing entity's affairs;
(B) the filing entity or high managerial agent has engaged in a persistent course of felonious conduct; and
(C) termination is necessary to prevent future felonious conduct of the same character.

http://www.statutes.legis.state.tx.us/Docs/BO/htm/BO.11.htm#11.301


Note(s) Regarding This Legislation:

Prior Laws:  Vernon's Ann. Civ. St. arts. 1396-7.01, §§ A, F, G; 1528n, art. 8.12, § A. V.A.T.S. Bus. Corp.Act, art. 7.01, §§ A, F, G.
  

Prior language:
When a corporation is convicted of a felony, or when a high managerial agent is convicted of a felony in the conduct of the affairs of the corporation, the Attorney General may file an action to involuntarily dissolve the corporation in a district court of the county in which the registered office of the corporation is situated or in a district court of Travis County. The court may dissolve the corporation involuntarily if it is established that:

(1) The corporation, or a high managerial agent acting in behalf of the corporation, has engaged in a persistent course of felonious conduct; and
(2) To prevent future felonious conduct of the same character, the public interest requires such dissolution.

Civil Practice and Remedies Code

§86.002. Liability For Certain Injuries To Convicted Person — Recovery Of Damages For Injury To Convicted Person

(a) A claimant who has been convicted of a felony or misdemeanor may not recover damages for an injury sustained during the commission of the felony or misdemeanor if the injury would not have been sustained but for the commission of the felony or misdemeanor.

http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.86.htm#86.002

Civil Practice and Remedies Code

§93.001. Liability In Tort — Assumption Of The Risk: Affirmative Defense

(a) It is an affirmative defense to a civil action for damages for personal injury or death that the plaintiff, at the time the cause of action arose, was:

(1) committing a felony, for which the plaintiff has been finally convicted, that was the sole cause of the damages sustained by the plaintiff;

http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.93.htm#93.001

Civil Practice and Remedies Code

§103.154. Compensation To Persons Wrongfully Imprisoned — Termination Of Payments

(a) Except as provided by Subsection (c), compensation payments to a person under this chapter terminate if, after the date the person becomes eligible for compensation under Section 103.001, the person is convicted of a crime punishable as a felony. Compensation payments terminate under this subsection on the date of the subsequent conviction.

http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.103.htm#103.154

Civil Practice and Remedies Code

§145.003. Liability For Negligent Hiring By In-Home Service — Presumption Of No Negligence

(a) This section applies only to an action against an in-home service company or residential delivery company that:

(1) arises out of a criminal act or omission by an officer or employee of the company as to whom the company has obtained criminal history record information under Section 145.002(1);
(2) is brought by or on behalf of a person whose home the officer or employee entered while in the performance of the employee's job duties, without regard to where the criminal act or omission occurred; and
(3) seeks damages from the company for the negligent hiring of the officer or employee.

(b) In an action to which this section applies, an in-home service company or residential delivery company is rebuttably presumed to have not acted negligently if:

(1) at the time a person was hired, the company obtained criminal history record information regarding the officer or employee under Section 145.002(1); and
(2) the criminal history record information shows that, in the 20 years preceding the date the information was obtained for a felony or in the 10 years preceding the date the information was obtained for a Class A or Class B misdemeanor, the officer or employee had not been convicted of, or placed on deferred adjudication for:

(A) an offense in this state classified as:

(i) an offense against the person or the family;
(ii) an offense against property; or
(iii) public indecency; or

(B) an offense in another jurisdiction that would be classified in a category described by Paragraph (A) if the offense had occurred in this state.

http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.145.htm#145.003


Other Note(s):

This Chapter may be cited as The Sue Weaver Act.

Code of Criminal Procedure

Article 2.25. General Duties Of Officers — Reporting Certain Aliens To Federal Government

A judge shall report to the United States Immigration and Naturalization Service a person who has been convicted in the judge's court of a crime or has been placed on deferred adjudication for a felony and is an illegal criminal alien as defined by Section 493.015(a), Government Code.

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.2.htm#2.25

Code of Criminal Procedure

Article 14.03. Arrest Without Warrant — Authority Of Peace Officers

(d) Any peace officer may arrest, without warrant:

(1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws;

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.14.htm#14.03

Code of Criminal Procedure

Article 14.04. Arrest Without Warrant — When Felony Has Been Committed

Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer may, without warrant, pursue and arrest the accused.

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.14.htm#14.04

Code of Criminal Procedure

Article 19.08. Organization Of The Grand Jury — Qualifications

No person shall be selected or serve as a grand juror who does not possess the following qualifications:

1. The person must be a citizen of the state, and of the county in which the person is to serve, and be qualified under the Constitution and laws to vote in said county, provided that the person's failure to register to vote shall not be held to disqualify the person in this instance;
2. The person must be of sound mind and good moral character;
3. The person must be able to read and write;
4. The person must not have been convicted of misdemeanor theft or a felony;
5. The person must not be under indictment or other legal accusation for misdemeanor theft or a felony;
6. The person must not be related within the third degree of consanguinity or second degree of affinity, as determined under Chapter 573, Government Code, to any person selected to serve or serving on the same grand jury;
7. The person must not have served as grand juror or jury commissioner in the year before the date on which the term of court for which the person has been selected as grand juror begins;
8. The person must not be a complainant in any matter to be heard by the grand jury during the term of court for which the person has been selected as a grand juror.

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.19.htm#19.08

Code of Criminal Procedure

Article 35.19. Formation Of The Jury — Absolute Disqualification

No juror shall be impaneled when it appears that he is subject to the second, third or fourth cause of challenge in Article 35.16, though both parties may consent.

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.35.htm#35.19


Other Note(s):

The second cause in Art. 35.16 is "That the juror has been convicted of misdemeanor theft or a felony"

Code of Criminal Procedure

Article 35.16. Formation Of The Jury — Reasons For Challenge For Cause

(a) A challenge for cause is an objection made to a particular juror, alleging some fact which renders the juror incapable or unfit to serve on the jury. A challenge for cause may be made by either the state or the defense for any one of the following reasons:

1. That the juror is not a qualified voter in the state and county under the Constitution and laws of the state; provided, however, the failure to register to vote shall not be a disqualification;
2. That the juror has been convicted of misdemeanor theft or a felony;
3. That the juror is under indictment or other legal accusation for misdemeanor theft or a felony;

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.35.htm#35.16

Code of Criminal Procedure

Article 42.011. Judgment And Sentence — Judgment Affecting An Officer Or Jailer

If a person licensed under Chapter 415, Government Code, is charged with the commission of a felony and a court that knows the person is licensed under that chapter convicts the person or places the person on community supervision, the clerk of the court shall send the Commission on Law Enforcement Officer Standards and Education, by mail or electronically, the license number of the person and a certified copy of the court's judgment reflecting that the person has been convicted or placed on community supervision.

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.42.htm#42.011

Code of Criminal Procedure

Article 42.12 Sec. 3. Judgment And Sentence — Judge Ordered Community Supervision

(b) In a felony case the minimum period of community supervision is the same as the minimum term of imprisonment applicable to the offense and the maximum period of community supervision is, subject to the extensions provided by Section 22:

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.42.htm#42.12

Code of Criminal Procedure

Article 44.35. Appeal And Writ Of Error — Bail Pending Habeas Corpus Appeal

In any habeas corpus proceeding in any court or before any judge in this State where the defendant is remanded to the custody of an officer and an appeal is taken to an appellate court, the defendant shall be allowed bail by the court or judge so remanding the defendant, except in capital cases where the proof is evident. The fact that such defendant is released on bail shall not be grounds for a dismissal of the appeal except in capital cases where the proof is evident.

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.44.htm#44.35


Other Note(s):

Bail not allowed to convicted felon held in extradition proceeding, Smith, Wright v. Dunn, 624 SW2d 671, Tex. App. -- Beaumont 1981, no writ.

Code of Criminal Procedure

Article 48.01. Pardon And Parole — Governor May Pardon

(a) In all criminal cases, except treason and impeachment, the Governor shall have power, after conviction or successful completion of a term of deferred adjudication community supervision, on the written signed recommendation and advice of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and commutations of punishments and pardons; and upon the written recommendation and advice of a majority of the Board of Pardons and Paroles, he shall have the power to remit fines and forfeitures. The Governor shall have the power to grant one reprieve in any capital case for a period not to exceed 30 days; and he shall have power to revoke conditional pardons. With the advice and consent of the Legislature, the Governor may grant reprieves, commutations of punishment and pardons in cases of treason.

(b) The Board of Pardons and Paroles may recommend that the Governor grant a pardon to a person who:

(1) is placed on deferred adjudication community supervision under Section 5, Article 42.12, and subsequently receives a discharge and dismissal under Section 5(c) of that article; and
(2) on or after the 10th anniversary of the date of discharge and dismissal, submits a written request to the board for a recommendation under this subsection.

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.48.htm#48.01


Note(s) Regarding This Legislation:

Art. 48.01 was amended during the 82nd Legislature by SB 144. SB 144 amended the current language of the statute in addition to adding subsection b.

Code of Criminal Procedure

Article 55.01. Expunction Of Criminal Records — Expunction Of Criminal Records

(a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:

(1) the person is tried for the offense for which the person was arrested and is:

(A) acquitted by the trial court, except as provided by Subsection (c); or
(B) convicted and subsequently:

(i) pardoned for a reason other than that described by Subparagraph (ii); or
(ii) pardoned or otherwise granted relief on the basis of actual innocence with respect to that offense, if the applicable pardon or court order clearly indicates on its face that the pardon or order was granted or rendered on the basis of the person's actual innocence; or

(2) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court-ordered community supervision under Article 42.12 for the offense, unless the offense is a Class C misdemeanor, provided that:

(A) regardless of whether any statute of limitations exists for the offense and whether any limitations period for the offense has expired, an indictment or information charging the person with the commission of a misdemeanor offense based on the person's arrest or charging the person with the commission of any felony offense arising out of the same transaction for which the person was arrested:

(i) has not been presented against the person at any time following the arrest, and:

(a) at least 180 days have elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a Class C misdemeanor and if there was no felony charge arising out of the same transaction for which the person was arrested;
(b) at least one year has elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a Class B or A misdemeanor and if there was no felony charge arising out of the same transaction for which the person was arrested;
(c) at least three years have elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a felony or if there was a felony charge arising out of the same transaction for which the person was arrested; or
(d) the attorney representing the state certifies that the applicable arrest records and files are not needed for use in any criminal investigation or prosecution, including an investigation or prosecution of another person; or

(ii) if presented at any time following the arrest, was dismissed or quashed, and the court finds that the indictment or information was dismissed or quashed because the person completed a pretrial intervention program authorized under Section 76.011, Government Code, because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense, or because the indictment or information was void; or

(B) prosecution of the person for the offense for which the person was arrested is no longer possible because the limitations period has expired.

(a-1) Notwithstanding any other provision of this article, a person may not expunge records and files relating to an arrest that occurs pursuant to a warrant issued under Section 21, Article 42.12.

(a-2) Notwithstanding any other provision of this article, a person who intentionally or knowingly absconds from the jurisdiction after being released under Chapter 17 following an arrest is not eligible under Subsection (a)(2)(A)(i)(a), (b), or (c) or Subsection (a)(2)(B) for an expunction of the records and files relating to that arrest.

(b) Except as provided by Subsection (c), a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 if:

(1) the person is:

(A) tried for the offense for which the person was arrested;
(B) convicted of the offense; and
(C) acquitted by the court of criminal appeals or, if the period for granting a petition for discretionary review has expired, by a court of appeals; or

(2) an office of the attorney representing the state authorized by law to prosecute the offense for which the person was arrested recommends the expunction to the appropriate district court before the person is tried for the offense, regardless of whether an indictment or information has been presented against the person in relation to the offense.

(c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court, a court of appeals, or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode.

(d) A person is entitled to have any information that identifies the person, including the person's name, address, date of birth, driver's license number, and social security number, contained in records and files relating to the arrest of another person expunged if:

(1) the information identifying the person asserting the entitlement to expunction was falsely given by the person arrested as the arrested person's identifying information without the consent of the person asserting the entitlement; and
(2) the only reason for the information identifying the person asserting the entitlement being contained in the arrest records and files of the person arrested is that the information was falsely given by the person arrested as the arrested person's identifying information.

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.55.htm#55.01


Note(s) Regarding This Legislation:

Art. 55.01 was amended during the 82nd Legislature by HB 351 and SB 462. HB 2889 and SB 167 passed by Legislature and would have amended Art. 55.01, however, they were vetoed by the Governor.

Code of Criminal Procedure

Article 62.001. Sex Offender Registration Program — Reportable Conviction Or Adjudication

(5) "Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on:

(A) a violation of Section 21.02 (Continuous sexual abuse of young child or children), 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;
(B) a violation of Section 43.05 (Compelling prostitution), 43.25 (Sexual performance by a child), or 43.26 (Possession or promotion of child pornography), Penal Code;
(C) a violation of Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the actor committed the offense or engaged in the conduct with intent to violate or abuse the victim sexually;
(D) a violation of Section 30.02 (Burglary), Penal Code, if the offense or conduct is punishable under Subsection (d) of that section and the actor committed the offense or engaged in the conduct with intent to commit a felony listed in Paragraph (A) or (C);

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.62.htm#62.001


Note(s) Regarding This Legislation:

During the 79th Legislature (2005), HB 867 changed Art. 62.01(d) to 62.001.

During the 82nd Legislature (2009), SB 24 Sec. 2.10 amended Art. 62.001, though the bill did not amend Art. 62.001(d)(5).

Other Note(s):

Under certain conditions, a person who commits a crime with the intent to commit a felony involving a sexual act is required to participate in the Sex Offender Registration Program.

Code of Criminal Procedure

Article 102.017. Costs Paid By Defendants — Court Costs; Courthouse Security Fund

(a) A defendant convicted of a felony offense in a district court shall pay a $5 security fee as a cost of court.

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.102.htm#102.017

Code of Criminal Procedure

Article 102.011. Costs Paid By Defendants — Fees For Services Of Peace Officers

(a) A defendant convicted of a felony or a misdemeanor shall pay the following fees for services performed in the case by a peace officer:

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.102.htm#102.011

Education Code

§12.120. Open-Enrollment Charter School — Restrictions On Serving As Member Of Governing Body Of Charter Holder Or Open-Enrollment Charter School Or Officer/Employee

A person may not serve as a member of the governing body of a charter holder, as a member of the governing body of an open-enrollment charter school, or as an officer or employee of an open-enrollment charter school if the person:

(1) has been convicted of a felony or a misdemeanor involving moral turpitude;

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.12.htm#12.120

Education Code

§22.084. Educators And School District Employees And Volunteers — Access To Criminal History Records Of School Bus Drivers, Bus Monitors, And Bus Aides

(a) Except as provided by Subsections (c) and (d), a school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement that contracts with a person for transportation services shall obtain from any law enforcement or criminal justice agency all criminal history record information that relates to:

(1) a person employed by the person as a bus driver; or
(2) a person the person intends to employ as a bus driver.

(b) Except as provided by Subsections (c) and (d), a person that contracts with a school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement to provide transportation services shall submit to the district, school, service center, or shared services arrangement the name and other identification data required to obtain criminal history record information of each person described by Subsection (a). If the district, school, service center, or shared services arrangement obtains information that a person described by Subsection (a) has been convicted of a felony or a misdemeanor involving moral turpitude, the district, school, service center, or shared services arrangement shall inform the chief personnel officer of the person with whom the district, school, service center, or shared services arrangement has contracted, and the person may not employ that person to drive a bus on which students are transported without the permission of the board of trustees of the district or service center, the governing body of the open-enrollment charter school, or the chief executive officer of the private school or shared services arrangement.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.22.htm#22.084

Education Code

§22.085. Educators And School District Employees And Volunteers — Employees And Applicants Convicted Of Certain Offenses

(a) A school district, open-enrollment charter school, or shared services arrangement shall discharge or refuse to hire an employee or applicant for employment if the district, school, or shared services arrangement obtains information through a criminal history record information review that:

(1) the employee or applicant has been convicted of:

(A) a felony offense under Title 5, Penal Code;
(B) an offense on conviction of which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; or
(C) an offense under the laws of another state or federal law that is equivalent to an offense under Paragraph (A) or (B);

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.22.htm#22.085


Other Note(s):

Some exclusions exist to this rule. See the statute in full or consult an attorney.

Education Code

§22.0834. Educators And School District Employees And Volunteers — Criminal History Record Information

(o) A contracting or subcontracting entity may not permit an employee to whom Subsection (a) applies to provide services at a school if the employee has been convicted of a felony or misdemeanor offense that would prevent a person from being employed under Section 22.085(a).

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.22.htm#22.0834


Note(s) Regarding This Legislation:

Sec. 22.0834(o) was amended during the 82nd Legislature by HB 398 and SB 1042.

Education Code

§44.034. Fiscal Management — Notification Of Criminal History Of Contractor

(a) A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.44.htm#44.034

Education Code

§54.633. Tuition And Fees — Prepaid Higher Education Tuition Scholarships For Students

(a) To the extent money is available, the board or the board of a direct-support organization established by the board under Subsection (e) may award a prepaid higher education tuition scholarship to a student who meets:

(1) economic or academic requirements adopted by the board; or
(2) economic or academic requirements established by the board of a direct-support organization that are approved by the board.

(b) A scholarship awarded under this section terminates if the student to whom the scholarship is awarded is:

(1) convicted of, or adjudicated as having engaged in delinquent conduct constituting, an offense under Chapter 481, Health and Safety Code; or
(2) convicted of, or adjudicated as having engaged in delinquent conduct constituting, a felony or Class A misdemeanor.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.54.htm#54.633

Education Code

§56.405. Student Financial Assistance — Continuing Eligibility And Academic Performance Requirements

(b) A person is not eligible to continue to receive a grant under this section if the person has been convicted of a felony or an offense under Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or under the law of another jurisdiction involving a controlled substance as defined by Chapter 481, Health and Safety Code, unless the person has met the other applicable eligibility requirements under this subchapter and has:

(1) received a certificate of discharge by the Texas Department of Criminal Justice or a correctional facility or completed a period of probation ordered by a court and at least two years have elapsed from the date of the receipt or completion; or
(2) been pardoned, had the record of the offense expunged from the person's record, or otherwise been released from the resulting ineligibility to receive a grant under this subchapter.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.56.htm#56.405

Education Code

§56.404. Student Financial Assistance — Initial Eligibility For Grant

(b) A person is not eligible to receive a grant under this subchapter if the person has been convicted of a felony or an offense under Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or under the law of another jurisdiction involving a controlled substance as defined by Chapter 481, Health and Safety Code, unless the person has met the other applicable eligibility requirements under this subchapter and has:

(1) received a certificate of discharge by the Texas Department of Criminal Justice or a correctional facility or completed a period of probation ordered by a court and at least two years have elapsed from the date of the receipt or completion; or
(2) been pardoned, had the record of the offense expunged from the person's record, or otherwise been released from the resulting ineligibility to receive a grant under this subchapter.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.56.htm#56.404


Note(s) Regarding This Legislation:

Renumbered during the 2003 by HB 3506(2), previously was section 56.354

During the 82nd Legislature, HB 3577 modified 56.404(e).

Education Code

§56.357. Student Financial Assistance — Teach For Texas Alternative Certification Assistance Program

(c) A person is not eligible to receive a grant under the program if the person has been convicted of a felony or an offense under Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or under the law of another jurisdiction involving a controlled substance, as defined by Chapter 481, Health and Safety Code, unless the person has met the other applicable eligibility requirements under this section and has:

(1) received a certificate of discharge by the Texas Department of Criminal Justice or a correctional facility or completed a period of probation ordered by a court, and at least two years have elapsed from the date of the receipt or completion; or
(2) been pardoned, had the record of the offense expunged from the person's record, or otherwise has been released from the resulting ineligibility to receive a grant under the program.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.56.htm#56.357

Education Code

§56.305. Student Financial Assistance — Continuing Eligibility And Academic Performance Requirements

(b) A person is not eligible to continue to receive a TEXAS grant under this section if the person has been convicted of a felony or an offense under Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or under the law of another jurisdiction involving a controlled substance as defined by Chapter 481, Health and Safety Code, unless the person has met the other applicable eligibility requirements under this subchapter and has:

(1) received a certificate of discharge by the Texas Department of Criminal Justice or a correctional facility or completed a period of probation ordered by a court, and at least two years have elapsed from the date of the receipt or completion; or
(2) been pardoned, had the record of the offense expunged from the person's record, or otherwise has been released from the resulting ineligibility to receive a grant under this subchapter.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.56.htm#56.305

Education Code

§56.304. Student Financial Assistance — Initial Eligibility For Grant

(b) A person is not eligible to receive a TEXAS grant if the person has been convicted of a felony or an offense under Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or under the law of another jurisdiction involving a controlled substance as defined by Chapter 481, Health and Safety Code, unless the person has met the other applicable eligibility requirements under this subchapter and has:

(1) received a certificate of discharge by the Texas Department of Criminal Justice or a correctional facility or completed a period of probation ordered by a court, and at least two years have elapsed from the date of the receipt or completion; or
(2) been pardoned, had the record of the offense expunged from the person's record, or otherwise has been released from the resulting ineligibility to receive a grant under this subchapter.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.56.htm#56.304


Note(s) Regarding This Legislation:

Sec. 56.304(h) was amended during the 82nd Legislature by SB 28 Sec. 3.

Education Code

§132.059. Career Schools And Colleges — Registration Of Representatives

(c) Denial or revocation of registration of a representative by the commission shall be in accordance with the provisions of this chapter applicable to denial or revocation of a certificate of approval. The commission may deny, suspend, or revoke the registration of a representative who has been convicted of a felony, whether within or without this state.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.132.htm#132.059


Note(s) Regarding This Legislation:

During the 82nd Legislature, SB 1534 repealed Sec. 132.059(d).

Election Code

§11.002. Qualifications And Requirements For Voting — Qualified Voter

(4) has not been finally convicted of a felony or, if so convicted, has:

(A) fully discharged the person's sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or
(B) been pardoned or otherwise released from the resulting disability to vote;

http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.11.htm#11.002


Note(s) Regarding This Legislation:

During the 82nd Legislature, HB 1226 added subsection (b) to Sec. 11.002.

Election Code

§13.001. Application For Registration; Initial Registration — Eligibility For Registration

(4) not have been finally convicted of a felony or, if so convicted, must have:

(A) fully discharged the person's sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or
(B) been pardoned or otherwise released from the resulting disability to vote;

http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.13.htm#13.001


Note(s) Regarding This Legislation:

During the 82nd Legislature, HB 1226(2) added subsection (c) to Sec. 13.001.

Election Code

§13.002. Application For Registration; Initial Registration — Application Required

(6) a statement that the applicant has not been finally convicted of a felony or that the applicant is a felon eligible for registration under Section 13.001;

http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.13.htm#13.002


Note(s) Regarding This Legislation:

During the 82nd Legislature, SB 14 added subsection (i) to Sec. 13.002.

Election Code

§16.031. Cancellation Of Registration — Cancellation On Official Notice Of Ineligibility

(a) The registrar shall cancel a voter's registration immediately on receipt of:

(1) notice under Section 13.072(b) or 15.021 or a response under Section 15.053 that the voter's residence is outside the county;
(2) an abstract of the voter's death certificate under Section 16.001(a) or an abstract of an application indicating that the voter is deceased under Section 16.001(b);
(3) an abstract of a final judgment of the voter's total mental incapacity, partial mental incapacity without the right to vote, conviction of a felony, or disqualification under Section 16.002, 16.003, or 16.004;

http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.16.htm#16.031


Note(s) Regarding This Legislation:

During the 82nd Legislature, HB 174(2) and SB 1046(2) added subsection (b)(4) to Sec. 16.031.

Election Code

§141.001. Candidacy For Public Office Generally — Eligibility Requirements For Public Office

(4) have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities;

http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.141.htm#141.001

Election Code

§141.031. Candidacy For Public Office Generally — General Requirements For Application

(a)(4)(G) a statement that the candidate has not been finally convicted of a felony from which the candidate has not been pardoned or otherwise released from the resulting disabilities;

http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.141.htm#141.031

Estates Code

§304.003. Persons Who May Serve As Personal Representatives — Persons Disqualified To Serve As Executor Or Persons Disqualified To Serve As Executor Or Administrator

A person is not qualified to serve as an executor or administrator if the person is:

(1) incapacitated;
(2) a felon convicted under the laws of the United States or of any state of the United States unless, in accordance with law, the person has been pardoned or has had the person's civil rights restored;

http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.304.htm#304.003


Note(s) Regarding This Legislation:

Text of section effective on January 01, 2014.

Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.

Family Code

§6.004. Suit For Dissolution Of Marriage — Conviction Of Felony

(a) The court may grant a divorce in favor of one spouse if during the marriage the other spouse:

(1) has been convicted of a felony;
(2) has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and
(3) has not been pardoned.

(b) The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.6.htm#6.004

Family Code

§45.102. Change Of Name — Requirements Of Petition

(a) A petition to change the name of an adult must be verified and include:

(1) the present name and place of residence of the petitioner;
(2) the full name requested for the petitioner;
(3) the reason the change in name is requested;
(4) whether the petitioner has been the subject of a final felony conviction;

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.45.htm#45.102

Family Code

§45.103. Change Of Name — Order

(a) The court shall order a change of name under this subchapter for a person other than a person with a final felony conviction or a person subject to the registration requirements of Chapter 62, Code of Criminal Procedure, if the change is in the interest or to the benefit of the petitioner and in the interest of the public.

(b) A court may order a change of name under this subchapter for a person with a final felony conviction if, in addition to the requirements of Subsection (a), the person has:

(1) received a certificate of discharge by the Texas Department of Criminal Justice or completed a period of community supervision or juvenile probation ordered by a court and not less than two years have passed from the date of the receipt of discharge or completion of community supervision or juvenile probation; or
(2) been pardoned.

(c) A court may order a change of name under this subchapter for a person subject to the registration requirements of Chapter 62, Code of Criminal Procedure, if, in addition to the requirements of Subsection (a), the person provides the court with proof that the person has notified the appropriate local law enforcement authority of the proposed name change. In this subsection, "local law enforcement authority" has the meaning assigned by Article 62.001, Code of Criminal Procedure.

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.45.htm#45.103

Family Code

§54.02. Judicial Proceedings — Waiver Of Jurisdiction And Discretionary Transfer To Criminal Court

(a) The juvenile court may waive its exclusive original jurisdiction and transfer a child to the appropriate district court or criminal district court for criminal proceedings if:

(1) the child is alleged to have violated a penal law of the grade of felony;
(2) the child was:

(A) 14 years of age or older at the time he is alleged to have committed the offense, if the offense is a capital felony, an aggravated controlled substance felony, or a felony of the first degree, and no adjudication hearing has been conducted concerning that offense; or
(B) 15 years of age or older at the time the child is alleged to have committed the offense, if the offense is a felony of the second or third degree or a state jail felony, and no adjudication hearing has been conducted concerning that offense;

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.54.htm#54.02


Note(s) Regarding This Legislation:

During the 82nd Legislature, SB 1617 amended Sec. 54.02(g) and amended Sec. 54.02(g-1). SB 1209(4) amended Sec. 54.02(h).

Family Code

§58.003. Records; Juvenile Justice Information System — Sealing Of Records

(a) Except as provided by Subsections (b) and (c), on the application of a person who has been found to have engaged in delinquent conduct or conduct indicating a need for supervision, or a person taken into custody to determine whether the person engaged in delinquent conduct or conduct indicating a need for supervision, on the juvenile court's own motion the court shall order the sealing of the records in the case if the court finds that:

(1) two years have elapsed since final discharge of the person or since the last official action in the person's case if there was no adjudication; and
(2) since the time specified in Subdivision (1), the person has not been convicted of a felony or a misdemeanor involving moral turpitude or found to have engaged in delinquent conduct or conduct indicating a need for supervision and no proceeding is pending seeking conviction or adjudication.

(b) A court may not order the sealing of the records of a person who has received a determinate sentence for engaging in delinquent conduct that violated a penal law listed in Section 53.045 or engaging in habitual felony conduct as described by Section 51.031.

(c) Subject to Subsection (b), a court may order the sealing of records concerning a person adjudicated as having engaged in delinquent conduct that violated a penal law of the grade of felony only if:

(1) the person is 19 years of age or older;
(2) the person was not transferred by a juvenile court under Section 54.02 to a criminal court for prosecution;
(3) the records have not been used as evidence in the punishment phase of a criminal proceeding under Section 3(a), Article 37.07, Code of Criminal Procedure; and
(4) the person has not been convicted of a penal law of the grade of felony after becoming age 17.

(c-1) Notwithstanding Subsections (a) and (c) and subject to Subsection (b), a juvenile court may order the sealing of records concerning a child adjudicated as having engaged in delinquent conduct or conduct indicating a need for supervision that violated a penal law of the grade of misdemeanor or felony if the child successfully completed a drug court program under Chapter 469, Health and Safety Code. The court may:

(1) order the sealing of the records immediately and without a hearing; or
(2) hold a hearing to determine whether to seal the records.

(c-2) If the court orders the sealing of a child's records under Subsection (c-1), a prosecuting attorney or juvenile probation department may maintain until the child's 17th birthday a separate record of the child's name and date of birth and the date the child successfully completed the drug court program. The prosecuting attorney or juvenile probation department, as applicable, shall send the record to the court as soon as practicable after the child's 17th birthday to be added to the child's other sealed records.

Text of subsection as added by Acts 2011, 82nd Leg., R.S., Ch. 1150, Sec. 2

(c-3) Notwithstanding Subsections (a) and (c) and subject to Subsection (b), a juvenile court, on the court's own motion and without a hearing, shall order the sealing of records concerning a child found to have engaged in conduct indicating a need for supervision described by Section 51.03(b)(7) or taken into custody to determine whether the child engaged in conduct indicating a need for supervision described by Section 51.03(b)(7). This subsection applies only to records related to conduct indicating a need for supervision described by Section 51.03(b)(7).

Text of subsection as added by Acts 2011, 82nd Leg., R.S., Ch. 1322, Sec. 19

(c-3) Notwithstanding Subsections (a) and (c) and subject to Subsection (b), a juvenile court may order the sealing of records concerning a child found to have engaged in conduct indicating a need for supervision that violates Section 43.261, Penal Code, or taken into custody to determine whether the child engaged in conduct indicating a need for supervision that violates Section 43.261, Penal Code, if the child attends and successfully completes an educational program described by Section 37.218, Education Code, or another equivalent educational program. The court may:

(1) order the sealing of the records immediately and without a hearing; or
(2) hold a hearing to determine whether to seal the records.

Text of subsection as added by Acts 2011, 82nd Leg., R.S., Ch. 1150, Sec. 2

(c-4) A prosecuting attorney or juvenile probation department may maintain until a child's 17th birthday a separate record of the child's name and date of birth and the date on which the child's records are sealed, if the child's records are sealed under Subsection (c-3). The prosecuting attorney or juvenile probation department, as applicable, shall send the record to the court as soon as practicable after the child's 17th birthday to be added to the child's other sealed records.

Text of subsection as added by Acts 2011, 82nd Leg., R.S., Ch. 1322, Sec. 19

(c-4) A prosecuting attorney or juvenile probation department may maintain until a child's 17th birthday a separate record of the child's name and date of birth and the date on which the child successfully completed the educational program, if the child's records are sealed under Subsection (c-3). The prosecuting attorney or juvenile probation department, as applicable, shall send the record to the court as soon as practicable after the child's 17th birthday to be added to the child's other sealed records.

Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 1150, Sec. 2

(d) The court may grant to a child the relief authorized in Subsection (a), (c-1), or (c-3) at any time after final discharge of the child or after the last official action in the case if there was no adjudication, subject, if applicable, to Subsection (e). If the child is referred to the juvenile court for conduct constituting any offense and at the adjudication hearing the child is found to be not guilty of each offense alleged, the court shall immediately and without any additional hearing order the sealing of all files and records relating to the case.

Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 1322, Sec. 19

(d) The court may grant the relief authorized in Subsection (a), (c-1), or (c-3) at any time after final discharge of the person or after the last official action in the case if there was no adjudication, subject, if applicable, to Subsection (e). If the child is referred to the juvenile court for conduct constituting any offense and at the adjudication hearing the child is found to be not guilty of each offense alleged, the court shall immediately and without any additional hearing order the sealing of all files and records relating to the case.

(e) The court shall hold a hearing before sealing a person's records under Subsection (a) or (c) unless the applicant waives the right to a hearing in writing and the court and the prosecuting attorney for the juvenile court consent. Reasonable notice of the hearing shall be given to:

(1) the person who made the application or who is the subject of the records named in the motion;
(2) the prosecuting attorney for the juvenile court;
(3) the authority granting the discharge if the final discharge was from an institution or from parole;
(4) the public or private agency or institution having custody of records named in the application or motion; and
(5) the law enforcement agency having custody of files or records named in the application or motion.

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.58.htm#58.003


Note(s) Regarding This Legislation:

During the 82nd Legislature, HB 2015(2), SB 407(19), HB 961(3), and SB 653(3.008) amended Sec. 58.003.

Other Note(s):

Space does not permit reprinting the entire text of this statute; read the statute in its entirety for further information.  

Family Code

§162.007. Adoption — Contents Of Health, Social, Educational, And Genetic History Report

(d)(9) any criminal conviction records relating to a misdemeanor or felony classified as an offense against the person or family or public indecency or a felony violation of a statute intended to control the possession or distribution of a substance included in Chapter 481, Health and Safety Code;

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.162.htm#162.007

Finance Code

§33.103. Ownership And Management Of State Bank — Board Of Directors

(b) Unless the banking commissioner consents otherwise in writing, a person may not serve as director of a state bank if:

(1) the bank incurs an unreimbursed loss attributable to a charged-off obligation of or holds a judgment against:

(A) the person; or
(B) an entity that was controlled by the person at the time of funding and at the time of default on the loan that gave rise to the judgment or charged-off obligation;

(2) the person is the subject of an order described by Section 35.007(a); or (3) the person has been convicted of a felony.

http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.33.htm#33.103

Finance Code

§156.303. Residential Mortgage Loan Companies And Residential Mortgage Loan Originators — Disciplinary Action; Cease And Desist Order

(a)(4) entered a plea of guilty or nolo contendere to, or is convicted of, a criminal offense that is a felony or that involves fraud or moral turpitude in a court of this or another state or in a federal court;

http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.156.htm#156.303


Note(s) Regarding This Legislation:

During the 82nd Legislature, SB 1124(32) amended Sec. 156.303.

Finance Code

§156.208. Residential Mortgage Loan Companies And Residential Mortgage Loan Originators — Renewals

Felony restriction repealed; see note.

http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.156.htm#156.208


Note(s) Regarding This Legislation:

In 2003, Senate Bill 1577 made the following changes: "felony" became "criminal offense."

During the 82nd Legislative session, SB 1124 subsections 22 and 65(a)(7) amended Sec. 156.208. Please review the statute in its entirety for further information.

Other Note(s):

Note:  The change of "felony" to "criminal offense" provides consistency with the language regarding a loan officer found in Finance code sec. 156.204.

Finance Code

§157.024. Registration Of Mortgage Bankers — Disciplinary Action; Cease And Desist Order

(a)(4) entered a plea of nolo contendere to or was convicted of a criminal offense that is a felony or that involves fraud or moral turpitude in a court of this or another state or in a federal court;

http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.157.htm#157.024


Note(s) Regarding This Legislation:

Added by Acts 2009, 81st Leg., R.S., Ch. 1147, Sec. 8, eff. April 1, 2010.

During the 82nd Legislature, SB 1124(58) amended Sec. 157.024.

Finance Code

§183.103. Ownership And Management Of State Trust Company — Board Of Directors, Managers, Or Managing Participants

(b) Unless the banking commissioner consents otherwise in writing, a person may not serve as director, manager, or managing participant of a state trust company if:

(1) the state trust company incurs an unreimbursed loss attributable to a charged-off obligation of or holds a judgment against:

(A) the person; or
(B) an entity that was controlled by the person at the time of funding and at the time of default on the loan that gave rise to the judgment or charged-off obligation;

(2) the person is the subject of an order described by Section 185.007(a); (3) the person has been convicted of a felony;

http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.183.htm#183.103

Finance Code

§371.251. Pawnshops — Revocation Or Suspension Of Pawnshop License

(a) After notice and hearing, the commissioner may revoke or suspend a pawnshop license if the commissioner finds that:

(1) the pawnbroker has not paid a fee or charge imposed by the commissioner under this chapter;
(2) the pawnbroker, knowingly or without exercising due care to prevent the violation, has violated this chapter or a rule adopted or an order issued under this chapter;
(3) a fact or condition exists that, if it had existed or had been known to exist at the time of the original license application, clearly would have justified refusal to issue the license;
(4) the pawnbroker has established an association with an unlicensed person who, with the knowledge of the pawnbroker, has violated this chapter;
(5) the pawnbroker has aided or conspired with a person to circumvent this chapter;
(6) the pawnbroker or a legal or beneficial owner of the pawnbroker is not of good moral character or has been convicted of a crime that the commissioner finds directly relates to the duties and responsibilities of the occupation of pawnbroker or would otherwise make the person unfit for a pawnshop license under Section 371.052;

http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.371.htm#371.251

» Texas Administrative Code Rule 7 TAC Sec. 85.601(c)

(c) Factors in determining whether conviction relates to occupation of pawnbroker. In determining whether a criminal offense directly relates to the duties and responsibilities of holding a license, the commissioner will consider the following factors, as specified in Texas Occupations Code, §53.022:

(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 individual 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 a license holder.

(d) Effect of criminal convictions involving moral character.

(1) The commissioner may deny an application for a license, or suspend or revoke a license, if the applicant or licensee is an individual who has been convicted of any felony or a crime involving moral character that is reasonably related to the applicant's or licensee's fitness to hold a license or to operate lawfully and fairly within Texas Finance Code, Chapter 371. For purposes of this section, the following crimes are considered to be crimes involving moral character:

(A) Fraud, misrepresentation, deception, or forgery;
(B) Breach of trust or other fiduciary duty;
(C) Dishonesty or theft;
(D) Assault;
(E) Violation of a statute governing pawnshops of this or another state;
(F) Failure to file a required report with a governmental body, or filing a false report;
(G) Attempt, preparation, or conspiracy to commit one of the preceding crimes; or
(H) Attempt, preparation, or conspiracy to evade Texas Finance Code, Chapter 371 and its provisions or to evade the laws relating to the receiving or conveyance of stolen property.

(2) Effect of other criminal convictions. The commissioner may deny an application for a license, or revoke an existing license if a principal party of the license applicant or holder has been convicted of a crime that directly relates to the duties and responsibilities of a pawnbroker. Adverse action by the commissioner in response to a crime specified in this section is subject to mitigating factors and rights of the applicant or licensee, as found in §85.602 of this title (relating to Crimes Directly Related to Fitness for License; Mitigating Factors).

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=7&pt=5&ch=85&rl=601

Government Code

§52.0295. Court Reporters And Shorthand Reporting Firms — Disciplinary Actions Against Firms

(a)(6) a final conviction of an officer, director, or managerial employee of a shorthand reporting firm or affiliate office for a felony or misdemeanor that is directly related to the provision of court reporting services, as determined by rules adopted under Section 52.0211;

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.52.htm#52.0295

Government Code

§57.048. Court Interpreters — Suspension And Revocation Of Licenses; Reissuance

(a)(3) engaged in dishonorable or unethical conduct likely to deceive, defraud, or harm the public or a person for whom the interpreter interprets.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.57.htm#57.048


Note(s) Regarding This Legislation:

78th Legislature (2003): Senate Bill 279 makes the following change: the reference to "convicted of a felon" is deleted, and the new wording states that a court interpreter license can be suspended or revoked on a finding that the individual, among other things, has "engaged in dishonorable or unethical conduct."

Government Code

§62.102. Petit Juries — General Qualifications For Jury Service

A person is disqualified to serve as a petit juror unless the person:

(1) is at least 18 years of age;
(2) is a citizen of this state and of the county in which the person is to serve as a juror;
(3) is qualified under the constitution and laws to vote in the county in which the person is to serve as a juror;
(4) is of sound mind and good moral character;
(5) is able to read and write;
(6) has not served as a petit juror for six days during the preceding three months in the county court or during the preceding six months in the district court;
(7) has not been convicted of misdemeanor theft or a felony; and
(8) is not under indictment or other legal accusation for misdemeanor theft or a felony.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.62.htm#62.102


Note(s) Regarding This Legislation:

During the 79th Legislature (2005), SB 451(4) amended Sec. 62.102. Former language: (7) has not been convicted of a felony; and (8) is not under indictment or other legal accusation of misdemeanor or felony theft or any other felony.

Government Code

§81.078. State Bar — Disciplinary Proceedings

(b) On proof of an attorney's conviction in a trial court of competent jurisdiction of any felony involving moral turpitude or of any misdemeanor involving the theft, embezzlement, or fraudulent misappropriation of money or other property, the district court of the county of the residence of the convicted attorney shall enter an order suspending the attorney from the practice of law during the pendency of any appeals from the conviction. An attorney who has been given probation after the conviction, whether adjudicated or unadjudicated, shall be suspended from the practice of law during the probation.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.81.htm#81.078

Government Code

§406.004. Notary Public; Commissioner Of Deeds — Eligibility

Each person appointed and commissioned as a notary public shall be at least 18 years of age and a resident of the State of Texas and must not have been convicted of a felony or crime involving moral turpitude.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.406.htm#406.004

Government Code

§411.201. Department Of Public Safety Of The State Of Texas — Active And Retired Judicial Officers

(c) An active judicial officer is eligible for a license to carry a concealed handgun under the authority of this subchapter. A retired judicial officer is eligible for a license to carry a concealed handgun under the authority of this subchapter if the officer:

(1) has not been convicted of a felony;

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.411.htm#411.201


Note(s) Regarding This Legislation:

During the First Called Special Session of the 82nd Legislature, HB 79(13.01) amended Sec. 411.201(a)(1).

Government Code

§411.172. Department Of Public Safety Of The State Of Texas — Eligibility

(a) A person is eligible for a license to carry a concealed handgun if the person:

(1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
(5) is not a fugitive from justice for a felony or a Class A or Class B misdemeanor or equivalent offense;

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.411.htm#411.172


Other Note(s):

Further restrictions exist. Read the statute in its entirety for further information.

Government Code

§411.1471. Department Of Public Safety Of The State Of Texas — Dna Records Of Persons Charged With Or Convicted Of Certain Felonies

(b) After a defendant described by Subsection (a)(1) is indicted or waives indictment, the court in which the case is pending shall require the defendant to provide to a law enforcement agency one or more specimens for the purpose of creating a DNA record. A law enforcement agency arresting a defendant described by Subsection (a)(2), immediately after fingerprinting the defendant and at the same location as the fingerprinting occurs, shall require the defendant to provide one or more specimens for the purpose of creating a DNA record. After a defendant described by Subsection (a)(3) is convicted or placed on deferred adjudication, the court shall require the defendant to provide to a law enforcement agency one or more specimens for the purpose of creating a DNA record.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.411.htm#411.1471


Note(s) Regarding This Legislation:

During the 82nd Legislature, HB 3000(7) amended Sec. 441.1471(a).

Government Code

§466.155. State Lottery — Denial Of Application Or Suspension Or Revocation Of License

(a) After a hearing, the director shall deny an application for a license or the commission shall suspend or revoke a license if the director or commission, as applicable, finds that the applicant or sales agent:

(1) is an individual who:

(A) has been convicted of a felony, criminal fraud, gambling or a gambling-related offense, or a misdemeanor involving moral turpitude, if less than 10 years has elapsed since the termination of the sentence, parole, mandatory supervision, or probation served for the offense;

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.466.htm#466.155

» Texas Administrative Code Rule 16 TAC Sec.401.153

(b) The director may grant or deny an application for a license under this subchapter based on any one or more factors listed in subsection (a) of this section. In addition, the director shall deny an application for a license under this subchapter upon a finding that the applicant:

(1) has been convicted of a felony, criminal fraud, gambling or a gambling-related offense, or a misdemeanor involving moral turpitude, if less than 10 years has elapsed since the termination of the sentence, parole, mandatory supervision, or probation served for the offense;

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=16&pt=9&ch=401&rl=153

Government Code

§467.024. Texas Lottery Commission — Eligibility

(a)(7) has been convicted of a felony or of any crime involving moral turpitude;

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.467.htm#467.024

Government Code

§493.015. Texas Department Of Criminal Justice: Organization — Identification Of Deportable Aliens

(a) In this section, "illegal criminal alien" means an alien who has been convicted of a felony and is in the custody of the state

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.493.htm#493.015


Other Note(s):

Read the statute in its entirety for further information.

Government Code

§508.281. Parole And Mandatory Supervision — Hearing

(b) If a parole panel or designated agent of the board determines that a releasee or person granted a conditional pardon has been convicted of a felony offense committed while an administrative releasee and has been sentenced to a term of confinement in a penal institution, the determination is considered to be a sufficient hearing to revoke the parole or mandatory supervision or recommend to the governor revocation of a conditional pardon without further hearing, except that the parole panel or designated agent shall conduct a hearing to consider mitigating circumstances if requested by the releasee or person granted a conditional pardon.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.508.htm#508.281


Note(s) Regarding This Legislation:

During the 82nd Legislature, HB 2734(2) added subsection (d) to Sec. 508.251.

Health and Safety Code

§242.313. Convalescent And Nursing Homes And Related Institutions — Sanctions

(a) The department may revoke, suspend, or refuse to renew a nursing facility administrator's license, assess an administrative penalty, issue a written reprimand, require participation in continuing education, or place an administrator on probation, after due notice and the opportunity for a hearing, on proof of any of the following grounds:

(1) the license holder has wilfully or repeatedly violated a provision of this subchapter or a rule adopted under this subchapter;
(2) the license holder has wilfully or repeatedly acted in a manner inconsistent with the health and safety of the residents of a facility of which the license holder is an administrator;
(3) the license holder obtained or attempted to obtain a license through misrepresentation or deceit or by making a material misstatement of fact on a license application;
(4) the license holder's use of alcohol or drugs creates a hazard to the residents of a facility;
(5) a judgment of a court of competent jurisdiction finds that the license holder is mentally incapacitated;
(6) the license holder has been convicted in a court of competent jurisdiction of a misdemeanor or felony involving moral turpitude;

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.242.htm#242.313

Health and Safety Code

§246.045. Continuing Care Facilities — Contents Of Disclosure Statement: Third Party Management

(4) a description of any matter in which the person:

(A) has been convicted of a felony, pleaded nolo contendere to a felony charge, or has been held liable or enjoined in a civil action by final judgment, if the felony or civil action involved fraud, embezzlement, fraudulent conversion, or misappropriation of property;

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.246.htm#246.045

Health and Safety Code

§250.006. Nurse Aide Registry And Criminal History Checks Of Employees And Applicants For Employment In Certain Facilities Serving The Elderly, Persons With Disabilities, Or Persons With Terminal Illnesses — Convictions Barring Employment

(a) A person for whom the facility or the individual employer is entitled to obtain criminal history record information may not be employed in a facility or by an individual employer if the person has been convicted of an offense listed in this subsection:

(1) an offense under Chapter 19, Penal Code (criminal homicide);
(2) an offense under Chapter 20, Penal Code (kidnapping and unlawful restraint);
(3) an offense under Section 21.02, Penal Code (continuous sexual abuse of young child or children), or Section 21.11, Penal Code (indecency with a child);
(4) an offense under Section 22.011, Penal Code (sexual assault);
(5) an offense under Section 22.02, Penal Code (aggravated assault);
(6) an offense under Section 22.04, Penal Code (injury to a child, elderly individual, or disabled individual);
(7) an offense under Section 22.041, Penal Code (abandoning or endangering child);
(8) an offense under Section 22.08, Penal Code (aiding suicide);
(9) an offense under Section 25.031, Penal Code (agreement to abduct from custody);
(10) an offense under Section 25.08, Penal Code (sale or purchase of a child);
(11) an offense under Section 28.02, Penal Code (arson);
(12) an offense under Section 29.02, Penal Code (robbery);
(13) an offense under Section 29.03, Penal Code (aggravated robbery);
(14) an offense under Section 21.08, Penal Code (indecent exposure);
(15) an offense under Section 21.12, Penal Code (improper relationship between educator and student);
(16) an offense under Section 21.15, Penal Code (improper photography or visual recording);
(17) an offense under Section 22.05, Penal Code (deadly conduct);
(18) an offense under Section 22.021, Penal Code (aggravated sexual assault);
(19) an offense under Section 22.07, Penal Code (terroristic threat);
(20) an offense under Section 33.021, Penal Code (online solicitation of a minor);
(21) an offense under Section 34.02, Penal Code (money laundering);
(22) an offense under Section 35A.02, Penal Code (Medicaid fraud);
(23) an offense under Section 36.06, Penal Code (obstruction or retaliation);
(24) an offense under Section 42.09, Penal Code (cruelty to livestock animals), or under Section 42.092, Penal Code (cruelty to nonlivestock animals); or
(25) a conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed by this subsection.

(b) A person may not be employed in a position the duties of which involve direct contact with a consumer in a facility or may not be employed by an individual employer before the fifth anniversary of the date the person is convicted of:

(1) an offense under Section 22.01, Penal Code (assault), that is punishable as a Class A misdemeanor or as a felony;
(2) an offense under Section 30.02, Penal Code (burglary);
(3) an offense under Chapter 31, Penal Code (theft), that is punishable as a felony;
(4) an offense under Section 32.45, Penal Code (misapplication of fiduciary property or property of a financial institution), that is punishable as a Class A misdemeanor or a felony;
(5) an offense under Section 32.46, Penal Code (securing execution of a document by deception), that is punishable as a Class A misdemeanor or a felony;
(6) an offense under Section 37.12, Penal Code (false identification as peace officer); or
(7) an offense under Section 42.01(a)(7), (8), or (9), Penal Code (disorderly conduct).

(c) In addition to the prohibitions on employment prescribed by Subsections (a) and (b), a person for whom a facility licensed under Chapter 242 or 247 is entitled to obtain criminal history record information may not be employed in a facility licensed under Chapter 242 or 247 if the person has been convicted:

(1) of an offense under Section 30.02, Penal Code (burglary); or
(2) under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense under Section 30.02, Penal Code.

(d) For purposes of this section, a person who is placed on deferred adjudication community supervision for an offense listed in this section, successfully completes the period of deferred adjudication community supervision, and receives a dismissal and discharge in accordance with Section 5(c), Article 42.12, Code of Criminal Procedure, is not considered convicted of the offense for which the person received deferred adjudication community supervision.

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.250.htm#250.006


Note(s) Regarding This Legislation:

During the 82nd Legislature, HB 1720(24), HB 2609(1), and SB 223(3.06) amended Sec. 250.006.

Other Note(s):

Many of the offenses listed in this section are felony crimes.

Health and Safety Code

§431.207. Texas Food, Drug, And Cosmetic Act — Refusal To License; Suspension Or Revocation Of License

(a) The commissioner of state health services may refuse an application for a license or may suspend or revoke a license if the applicant or licensee:

(1) has been convicted of a felony or misdemeanor that involves moral turpitude;

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.431.htm#431.207

Health and Safety Code

§431.279. Texas Food, Drug, And Cosmetic Act — Refusal To License; Suspension Or Revocation Of License

(a) The commissioner may refuse an application or may suspend or revoke a license if the applicant or licensee:

(1) has been convicted of a felony or misdemeanor that involves moral turpitude;
(2) is an association, partnership, or corporation and the managing officer has been convicted of a felony or misdemeanor that involves moral turpitude;

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.431.htm#431.279

Health and Safety Code

§433.028. Texas Meat And Poultry Inspection Act — Refusal To Inspect

(a) The commissioner may withdraw or refuse to provide inspection service under this subchapter from an establishment for the period the commissioner determines necessary to carry out the purposes of this chapter if the commissioner determines after opportunity for hearing that the applicant for or recipient of the service is unfit to engage in a business requiring inspection under this subchapter because the applicant or recipient, or a person responsibly connected with the applicant or recipient, has been convicted in a federal or state court of a felony or more than one violation of another law based on:

(1) acquiring, handling, or distributing unwholesome, mislabeled, or deceptively packaged food; or
(2) fraud in connection with a transaction in food.

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.433.htm#433.028

Health and Safety Code

§481.063. Texas Controlled Substances Act — Registration Application; Issuance Or Denial

(e) An application for registration to manufacture, distribute, analyze, dispense, or conduct research with a controlled substance may be denied on a finding that the applicant:

(1) has furnished material information in an application filed under this chapter that the applicant knows is false or fraudulent;
(2) has been convicted of or placed on community supervision or other probation for:

(A) a felony;
(B) a violation of this chapter or of Chapters 482-485; or
(C) an offense reasonably related to the registration sought;

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.481.htm#481.063

Health and Safety Code

§773.050. Emergency Medical Services — Minimum Standards

(c) The executive commissioner shall consider the education, training, criminal background, and experience of allied health professionals in adopting the minimum standards for emergency medical services personnel certification and may establish criteria for interstate reciprocity of emergency medical services personnel.

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.773.htm#773.050

» Texas Administrative Code Rule 25 TAC 157.37

(a) Purpose. This section lists guidelines and criteria for establishing the eligibility of persons with criminal backgrounds for certification or continued certification as emergency medical services (EMS) personnel or licensure or continued licensure as paramedics. The Department of State Health Services (department) will apply the requirements of the Health and Safety Code, Chapter 773, Subchapter C, and will consider and review the criteria listed in the Health and Safety Code, Chapter 773, Subchapter C, §§773.0615, 773.0616, and 773.0617, to determine a person's EMS certification eligibility before enrollment in an EMS education and training course, or to determine whether to deny, suspend or revoke an EMS certification or paramedic license based upon the person's criminal history.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=78126&p_tloc=&p_ploc=1&pg=11&p_tac=&ti=25&pt=1&ch=157&rl=11

Health and Safety Code

§1001.075. Sanitarians — Rules

The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.1001.htm#1001.075

» Texas Administrative Code Rule 25 TAC 140.108(c)(5)

25 TAC 140.108(c)(5) - Application Approval or Disapproval - (c) An application for registration shall be disapproved if the person has: 5) been convicted of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a registered sanitarian or sanitarian-in-training as set out in §140.115 of this title (relating to Registration of Persons with Criminal Backgrounds);

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=140&rl=108

Health and Safety Code

§1001.075. Respiratory Care — Rules

The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.1001.htm#1001.075

» Texas Administrative Code Rule 25 TAC 140.206(f)(6)

25 TAC 140.206(f)(6) - Application Requirements and Procedures - (f) Disapproved applications. The department shall disapprove the application if the person: (6) has been convicted of a felony or misdemeanor, if the crime directly relates to the duties and responsibilities of a respiratory care practitioner as set out in §140.213 of this title (relating to Certifying or Permitting Persons with Criminal Backgrounds to be Respiratory Care Practitioners);

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=140&rl=206

Health and Safety Code

§1001.075. Personal Emergency Response System Providers — Rules

The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.1001.htm#1001.075

» Texas Administrative Code Rule 25 TAC 140.46(b)

25 TAC 140.46(b) - Guidelines for Issuing Licenses and Registrations to Persons with Criminal Convictions - (b) The department may deny a license or registration application or a license or registration renewal application, or revoke, suspend, or place on probation an existing license or registration if an applicant, licensee, or registrant has been convicted of a crime (felony or misdemeanor) according to the following guidelines:

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=140&rl=46

Health and Safety Code

§1001.075. Perfusionists — Rules

The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.1001.htm#1001.075

» Texas Administrative Code Rule 25 TAC 140.14

(a) Criminal convictions which directly relate to the profession of perfusion.

(1) The department may suspend or revoke an existing license, disqualify a person from receiving a license, refuse to renew a license, or deny to a person the opportunity to be examined for a license because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a licensee.
(2) In considering whether a criminal conviction directly relates to the occupation of a licensed perfusionist or provisional licensed perfusionist, the department shall consider:

(A) the nature and seriousness of the crime;
(B) the relationship of the crime to the purposes for licensure as a perfusionist or provisional perfusionist. The following felonies and misdemeanors listed in clauses (i) - (iv) of this subparagraph relate to the license of a perfusionist or provisional perfusionist because these criminal offenses indicate an inability or a tendency to be unable to perform as a licensed perfusionist or a provisional licensed perfusionist:

(i) the misdemeanor of knowingly or intentionally acting as a licensed perfusionist or provisional licensed perfusionist without a license under the Act, §15, Texas Occupations Code, §603.452.
(ii) a misdemeanor or a felony offense involving moral turpitude;
(iii) a conviction relating to health care fraud or individual excluded from the Medicare or Medicare programs due to Medicare or Medicaid fraud;
(iv) a misdemeanor or felony offense under the following titles of the Texas Penal Code:

(I) offenses against the person (Title 5);
(II) offenses against property (Title 7);
(III) offenses against public order and decency (Title 9);
(IV) offenses against public health, safety, and morals (Title 10);
(V) offenses of attempting or conspiring to commit any of the offenses in this subsection (Title 4); and
(VI) insurance claim fraud under the Penal Code, §32.55; and

(v) the misdemeanors and felonies listed in clauses (i) - (iii) of this subparagraph are not inclusive in that the department may consider other particular crimes in special cases in order to promote the intent of the Act and these sections;

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=140&rl=14

Health and Safety Code

§1001.075. Emergency Medical Services — Rules

The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.1001.htm#1001.075

» Texas Administrative Code Rule 25 TAC 157.37

(a) Purpose. This section lists guidelines and criteria for establishing the eligibility of persons with criminal backgrounds for certification or continued certification as emergency medical services (EMS) personnel or licensure or continued licensure as paramedics. The Department of State Health Services (department) will apply the requirements of the Health and Safety Code, Chapter 773, Subchapter C, and will consider and review the criteria listed in the Health and Safety Code, Chapter 773,

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=157&rl=37

Health and Safety Code

§1001.075. Opticians — Rules

The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.1001.htm#1001.075

» Texas Administrative Code Rule 25 TAC 140.278(e)(2)(D)

(e) Determining eligibility. The department shall receive and approve or disapprove all applications for registration as registered spectacle dispensing opticians or registered contact lens dispensers or both.

(1) Notices of application approval, disapproval or deficiency shall be in accordance with subsection (f) of this section.
(2) An application for a registration shall be disapproved if the applicant has:

(A) not met the requirements in this section;
(B) failed to or refused to properly complete or submit any application form, endorsement, or fee or deliberately presented false information on any form or document required by the department;
(C) violated any provision of the Act or this subchapter;
(D) been convicted of a felony or misdemeanor as set out in §140.284 of this title (relating to Registration of Applicants with Criminal Backgrounds); or
(E) violated any provision of state law relating to the practice of dispensing opticians.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=140&rl=278

Health and Safety Code

§1001.075. Texas Mold Assessment And Remediation Rules — Rules

The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.1001.htm#1001.075

» Texas Administrative Code Rule 25 TAC 295.330(c)(6)

(c) The department may issue an administrative penalty as described in §295.331 of this title (relating to Compliance: Administrative Penalty), deny an application, suspend, suspend with probationary terms, or revoke a credential of a person who:

(1) fails to comply with this subchapter;
(2) has fraudulently or deceptively obtained or attempted to obtain a credential, ID card or approval, including engaging in misconduct or dishonesty during the state licensing examination, such as cheating or having another person take or attempt to take the examination for that person;
(3) duplicates or allows another person to duplicate a credential, ID card or approval;
(4) uses a credential issued to another person or allows any other person to use a credential, ID card or approval not issued to that other person;
(5) falsifies records for mold-related activities that the department requires the person to create, submit, or maintain; or
(6) is convicted of a felony or misdemeanor arising from mold-related activity.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=295&rl=330

Health and Safety Code

§1001.075. Department Of Aging And Disability Services — Rules

The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.1001.htm#1001.075

» Texas Administrative Code Rule 40 TAC 95.121

DADS may suspend or revoke an existing permit, disqualify a person from receiving a permit, or deny to a person the opportunity to be examined for a permit because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a medication aide.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=95&rl=121

Health and Safety Code

§1001.075. Sign Language And Oral Interpreters — Rules

The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.1001.htm#1001.075

» Texas Administrative Code Rule 40 TAC 101.8059

40 TAC 101.8059 - Grounds for Denying, Revoking, or Suspending an Interpreter's Certificate - The Office may deny application; suspend or revoke certification; or otherwise discipline, reprimand, or place on probation a certificate holder for any of the following causes: (1) violations of federal or state laws that are substantiated by credible evidence, whether or not there is a complaint, indictment, or conviction, such violations include, but are not limited to, the following: (A) any felony, including but not limited to homicide, rape, sexual abuse of a child, indecency with a child, injury to a child, aggravated assault, robbery, burglary, theft, forgery, bribery, and perjury;

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=2&ch=101&rl=8059

Human Resources Code

§36.132. Medicaid Fraud Prevention — Revocation Of Licenses

(a) In this section:

(1) "License" means a license, certificate, registration, permit, or other authorization that:

(A) is issued by a licensing authority;
(B) is subject before expiration to suspension, revocation, forfeiture, or termination by an issuing licensing authority; and
(C) must be obtained before a person may practice or engage in a particular business, occupation, or profession.

(2) "Licensing authority" means:

(A) the Texas Medical Board;
(B) the State Board of Dental Examiners;
(C) the Texas State Board of Examiners of Psychologists;
(D) the Texas State Board of Social Worker Examiners;
(E) the Texas Board of Nursing;
(F) the Texas Board of Physical Therapy Examiners;
(G) the Texas Board of Occupational Therapy Examiners; or
(H) another state agency authorized to regulate a provider who receives or is eligible to receive payment for a health care service under the Medicaid program.

(b) A licensing authority shall revoke a license issued by the authority to a person if the person is convicted of a felony under Section 35A.02, Penal Code. In revoking the license, the licensing authority shall comply with all procedures generally applicable to the licensing authority in revoking licenses.

http://www.statutes.legis.state.tx.us/Docs/HR/htm/HR.36.htm#36.132


Note(s) Regarding This Legislation:

During the 79th Legislature (2005), SB 563(15) changed to refer to "Section 35A.02, Penal Code" and omitted reference to "Section 36.131." The Penal Code section is concerned with "Medicaid Fraud."

During the 80th Legislature (2007), HB 2426(70) amended Sec. 36.132.

Human Resources Code

§43.010. Regulation Of Child-Care And Child-Placing Agency Administrators — License Denial, Revocation, Suspension, Or Refusal To Renew; Reprimand Or Probation

(6) having:

(A) a criminal history or central registry record that would prohibit a person from working in a child-care facility, as defined by Section 42.002, under rules applicable to that type of facility; or

http://www.statutes.legis.state.tx.us/Docs/HR/htm/HR.43.htm#43.010


Note(s) Regarding This Legislation:

During the 79th Legislature (2005), SB 6 beginning at Sec. 1.118 changed reference from "felony" to "criminal history."

During the 82nd Legislature (2011), SB 1178(11) amended Sec. 43.010.

Human Resources Code

§117.073. Department Of Assistive And Rehabilitative Service — Rules

The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.

http://www.statutes.legis.state.tx.us/Docs/HR/htm/HR.117.htm#117.073

» Texas Administrative Code Rule 40 TAC Sec. 745.65

40 TAC Sec. 745.651 - (a) A misdemeanor or felony under Title 5 (Offenses Against the Person), Title 6 (Offenses Against the Family), Chapter 29 (Robbery) of Title 7, Chapter 43 (Public Indecency) or §42.072 (Stalking) of Title 9, §15.031 (Criminal Solicitation of a Minor) of Title 4, §38.17 (Failure to Stop or Report Aggravated Sexual Assault of Child) of Title 8 of the Texas Penal Code (TPC), or any like offense under the law of another state or federal law; (b) A misdemeanor or felony committed within the past 10 years under: (1) The Texas Controlled Substances Act; (2) The following sections or chapters of the TPC: (A) §39.04 (Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody); (B) §42.08 (Abuse of Corpse); (C) §42.09 (Cruelty to Animals); (D) §42.091 (Attack on Assistance Animal); (E) §42.092 (Cruelty to Nonlivestock Animals); (F) §42.10 (Dog Fighting); (G) §46.13 (Making a Firearm Accessible to a Child); or (H) Chapter 49 (Intoxication and Alcoholic Beverage Offenses); or (3) The Texas Alcoholic Beverage Code, §106.06 (Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor); (4) Any like offense of the law of another state or federal law; or (c) Any other felony committed within the past 10 years under the TPC or any like offense of the law of another state or federal law; or (d) Deferred adjudications covering an offense listed in subsections (a) - (c) of this section, if the person has not completed the probation successfully.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=19&ch=745&rl=651


Other Note(s):

Space does not permit reprinting the entire text of this statute; read the statute in its entirety for further information.

Human Resources Code

§117.073. Department Of Assistive And Rehabilitative Service — Rules

The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.

http://www.statutes.legis.state.tx.us/Docs/HR/htm/HR.117.htm#117.073

» Texas Administrative Code Rule 40 TAC 101.113 (c)

40 TAC 101.113 (c) - Criminal History Information on Applicants for Employment - Employment with the Department will be denied when an applicant's criminal history contains a felony criminal conviction which has been determined by the Commissioner or Assistant Commissioner to make the applicant unfit or unsafe to perform the functions of the job.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=2&ch=101&rl=113


Other Note(s):

This restriction affects a wide range of social service employment:

40 TAC 101.113(b) states:

In addition to or instead of that described in subsection (a) of this section, Criminal History Record Information obtained from the Texas Department of Public Safety may be used when evaluating the following applications:

(1) Applications for positions in the Division for Rehabilitation Services (less Office for Deaf and Hard of Hearing Services), and the Division for Disability Determination Services: All applicants whose potential duties include direct contact with consumers of Vocational Rehabilitation Services, Comprehensive Rehabilitation Services, and Independent Living Services in the Division for Rehabilitation Services.
(2) For applicants for positions in the Division for Early Childhood Intervention Services: All applicants whose potential employment involves the delivery of early childhood intervention services or involves direct interactions with or the opportunity to interact and associate with children.
(3) Applications for positions in the Division for Blind Services and DARS Headquarters Administration: All applicants for employment.

Human Resources Code

§117.073. Department Of Assistive And Rehabilitative Service — Rules

The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.

http://www.statutes.legis.state.tx.us/Docs/HR/htm/HR.117.htm#117.073

» Texas Administrative Code Rule 40 TAC 101.8059

40 TAC 101.8059 - Grounds for Denying, Revoking, or Suspending an Interpreter's Certificate - The Office may deny application; suspend or revoke certification; or otherwise discipline, reprimand, or place on probation a certificate holder for any of the following causes: (1) violations of federal or state laws that are substantiated by credible evidence, whether or not there is a complaint, indictment, or conviction, such violations include, but are not limited to, the following: (A) any felony, including but not limited to homicide, rape, sexual abuse of a child, indecency with a child, injury to a child, aggravated assault, robbery, burglary, theft, forgery, bribery, and perjury;

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=2&ch=101&rl=8059


Note(s) Regarding This Legislation:

The provisions of this §101.8059 adopted to be effective August 31, 2008, 33 TexReg 6977; amended to be effective December 13, 2009, 34 TexReg 8791

Insurance Code

§31.002. Organization Of Department — Duties Of Department

In addition to the other duties required of the Texas Department of Insurance, the department shall:

(1) regulate the business of insurance in this state;

http://www.statutes.legis.state.tx.us/Docs/IN/htm/IN.31.htm#31.002

» Texas Administrative Code Rule 28 TAC 1.502(d)

28 TAC 1.502(d)- Licensing Persons with Criminal Backgrounds - The department may refuse to issue an original license or authorization and may revoke, suspend or refuse to renew a license or authorization if the department determines that the applicant or holder, or any partner, officer, director, member, manager, or any other person who has the right to control the applicant or holder, has committed a felony or misdemeanor, or has engaged in fraudulent or dishonest activity that directly relates to the duties and responsibilities of the licensed occupation.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=28&pt=1&ch=1&rl=502


Note(s) Regarding This Legislation:

During the 82nd Legislature (2011), HB 1915(1.001) amended Sec. 31.002.

Other Note(s):

The restrictions set by Texas Department of Insurance affect a wide range of employment; 28 TAC RULE 1.501, "applicants for, or holders of, any license, registration, permit, authorization, or certification, including temporary or training licenses or certificates, as agents, adjusters, public insurance adjusters, counselors, risk managers, reinsurance intermediaries, title agents, title escrow officers, title attorneys, utilization review agents, independent review organizations, viatical and life settlement registrants, workers' compensation health care networks, management contractors, and administrators."

The text of 28 TAC 1.502(b) also refers to designers and servicers of fire protection systems and equipment and persons engaged in the manufacturing, storing, selling and discharging of fireworks.

28 TAC 1.502(c) refers to all license holders regulated by the state fire marshal's office.

Insurance Code

§801.151. Certificate Of Authority — Issuance Of Certificate Prohibited

Except as provided by Sections 801.153 and 801.154, the department may not issue a certificate of authority to an applicant if a corporate officer or member of the board of directors of the applicant has been convicted of a felony involving:

(1) moral turpitude; or
(2) breach of a fiduciary duty.

http://www.statutes.legis.state.tx.us/Docs/IN/htm/IN.801.htm#801.151


Note(s) Regarding This Legislation:

Prior laws: V.A.T.S. Insurance Code, Art. 1.14A. Repealed by Acts 2001, 77th Leg., ch. 1419, § 31, eff. June 1, 2003.

Insurance Code

§801.152. Certificate Of Authority — Revocation Of Certificate

After notice and hearing, the department may revoke the certificate of authority of an insurer if a corporate officer or member of the board of directors of the insurer is convicted of a felony involving:

(1) moral turpitude; or
(2) breach of a fiduciary duty.

http://www.statutes.legis.state.tx.us/Docs/IN/htm/IN.801.htm#801.152


Note(s) Regarding This Legislation:

Prior laws: V.A.T.S. Insurance Code, Art. 1.14A(b). Repealed by Acts 2001, 77th Leg., ch. 1419, § 31(a), eff. June 1, 2003.

Insurance Code

§1111.005. Accelerated Term Life Insurance Benefits — Denial, Suspension, Or Revocation Of Registration; Enforcement

Sec. 1111.005 has been repealed. Prior language is:

(a)(8) was convicted of a felony or was convicted of a misdemeanor involving moral turpitude or fraud.

http://www.statutes.legis.state.tx.us/Docs/IN/htm/IN.1111.htm#1111.005


Other Note(s):

During the 82nd Legislature, HB 2277(17) repealed Sec. 1111.005.

Prior laws: V.A.T.S. Insurance Code, Art. 3.50-6A, Sec. 4, Arts. 3.50-5 to 3.50-6A. Repealed by Acts 2001, 77th Leg., ch. 1419, § 31(a), eff. June 1, 2003

Insurance Code

§2202.201. Joint Underwriting — Grounds For Denial Of Certificate Of Authority Or For Disciplinary Action

(5) has been convicted of a felony or convicted of a misdemeanor of which criminal fraud is an essential element;

http://www.statutes.legis.state.tx.us/Docs/IN/htm/IN.2202.htm#2202.201


Note(s) Regarding This Legislation:

Added by Acts 2005, 79th Leg., Ch. 727, Sec. 2, eff. April 1, 2007.

Other Note(s):

Prior Laws: V.A.T.S. Insurance Code, art. 21.49-3b, § 13.

Insurance Code

§4005.101. Conduct, Disciplinary Actions, And Sanctions — Grounds For License Denial Or Disciplinary Action

(a)(8) has been convicted of a felony;

http://www.statutes.legis.state.tx.us/Docs/IN/htm/IN.4005.htm#4005.101


Note(s) Regarding This Legislation:

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.

Other Note(s):

Prior Laws:  V.A.T.S. Insurance Code, art. 21.14-1, § 10.

Insurance Code

§4102.053. Public Insurance Adjusters — Issuance Of License To Resident

(a)(5) has not been convicted of a felony in the 10 years preceding filing an application under this chapter or, if convicted of a felony in the 10 years preceding filing an application under this chapter, has received a full pardon from that conviction and is otherwise relieved from any disabilities connected with that conviction;

http://www.statutes.legis.state.tx.us/Docs/IN/htm/IN.4102.htm#4102.053


Note(s) Regarding This Legislation:

Added by Acts 2005, 79th Leg., Ch. 728, Sec. 11.082(a), eff. September 1, 2005.

Insurance Code

§4102.054. Public Insurance Adjusters — Issuance Of License To Nonresident

(a)(5) has never been convicted of a felony or, if convicted of a felony, has received a full pardon from that conviction and is otherwise relieved from any disabilities connected with that conviction;

http://www.statutes.legis.state.tx.us/Docs/IN/htm/IN.4102.htm#4102.054


Note(s) Regarding This Legislation:

Added by Acts 2005, 79th Leg., Ch. 728, Sec. 11.082(a), eff. September 1, 2005.

Labor Code

§91.020. Staff Leasing Services — Grounds For Disciplinary Action

The department may take disciplinary action against a license holder on any of the following grounds:

(1) engaging in staff leasing services or offering to engage in the provision of staff leasing services without a license;
(2) transferring or attempting to transfer a license issued under this chapter;
(3) violating this chapter or any order or rule issued by the executive director or commission under this chapter;
(4) failing after the 31st day after the date on which a felony conviction of a controlling person is final to notify the department in writing of the conviction;

http://www.statutes.legis.state.tx.us/Docs/LA/htm/LA.91.htm#91.020


Note(s) Regarding This Legislation:

During the the 81st Legislature (2009), HB 2249(3) amended Sec. 91.920.

Other Note(s):

This statute affects license holders for staff leasing services.

Labor Code

§101.109. Labor Organizations — Certain Persons Prohibited From Holding Office

(a) A person may not serve as a labor union officer or as a labor organizer if the person:

(1) is an alien; or
(2) has been convicted of a felony.

(b) Subsection (a) does not apply to a person who has been convicted of a felony and whose rights of citizenship have been fully restored.

http://www.statutes.legis.state.tx.us/Docs/LA/htm/LA.101.htm#101.109

Local Government Code

§21.031. General Provisions Affecting Governing Body Of Municipality — Removal By Criminal Conviction

(a) The conviction of an officer for any felony or for a misdemeanor involving official misconduct operates as an immediate removal from office.

http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.21.htm#21.031

Local Government Code

§87.031. Removal Of County Officers From Office; Filling Of Vacancies — Immediate Removal

(a) The conviction of a county officer by a petit jury for any felony or for a misdemeanor involving official misconduct operates as an immediate removal from office of that officer.

http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.87.htm#87.031

Local Government Code

§143.051. Municipal Civil Service For Firefighters And Police Officers — Cause For Removal Or Suspension

A commission rule prescribing cause for removal or suspension of a fire fighter or police officer is not valid unless it involves one or more of the following grounds:

(1) conviction of a felony or other crime involving moral turpitude;

http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.143.htm#143.051

Local Government Code

§143.056. Municipal Civil Service For Firefighters And Police Officers — Procedures After Felony Indictment Or Misdemeanor Complaint

(a) If a fire fighter or police officer is indicted for a felony or officially charged with the commission of a Class A or B misdemeanor, the department head may temporarily suspend the person with or without pay for a period not to exceed 30 days after the date of final disposition of the specified felony indictment or misdemeanor complaint.

http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.143.htm#143.056

Local Government Code

§143.1017. Municipal Civil Service For Firefighters And Police Officers — Procedures After Felony Indictment Or Other Crime Of Moral Turpitude

(a) If a fire fighter or police officer is indicted for a felony or officially charged with the commission of any other crime involving moral turpitude, the department head may temporarily suspend the person with or without pay for a period not to exceed 30 days after the date the fire fighter or police officer gives notice of final disposition of the specified felony indictment or any other crime involving moral turpitude.

http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.143.htm#143.1017

Local Government Code

§158.0351. County Civil Service — Procedures After Felony Indictment Or Misdemeanor Complaint

(a) This section applies only to a county with a population of 2.8 million or more.

(b) If an employee is indicted for a felony or officially charged with the commission of a Class A or B misdemeanor, the sheriff may temporarily suspend the person with or without pay for a period not to exceed 30 days after the date of final disposition of the specified felony indictment or misdemeanor complaint.

http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.158.htm#158.0351

Local Government Code

§161.056. County Ethics Commission In Certain Counties — Eligibility

(b) A person is not eligible for appointment to the commission if the person is:

(1) an elected officer;
(2) a county employee;
(3) a county affiliate;
(4) a person employed as a lobbyist;
(5) a person convicted of a misdemeanor involving moral turpitude or a felony; or (6) a person who is delinquent in payment of local, state, or federal taxes.

http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.161.htm#161.056


Note(s) Regarding This Legislation:

Added by Acts 2009, 81st Leg., R.S., Ch. 799, Sec. 1, eff. September 1, 2009.

Local Government Code

§161.060. County Ethics Commission In Certain Counties — Removal Of Commission Member

A member of the commission is a county officer described by Section 87.012(15) and may be removed as provided by Chapter 87 if, after a trial, the jury finds good cause for removal, including:

(1) failure to pay local, state, or federal taxes when due;
(2) violation of the ethics code adopted by the commission;
(3) conviction of a felony or misdemeanor;
(4) excessive absenteeism as determined by the commission; and
(5) official misconduct.

http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.161.htm#161.060


Note(s) Regarding This Legislation:

Added by Acts 2009, 81st Leg., R.S., Ch. 799, Sec. 1, eff. September 1, 2009.

Occupations Code

§108.002. License Suspension Or Revocation Required For Certain Drug Felony Convictions — License Suspension On Conviction; Revocation

(a) The board shall suspend a license issued by the board if it is determined at an administrative hearing that the license holder has been convicted of a felony under Chapter 481 or 483, Health and Safety Code, or Section 485.032 of that code.
(b) A hearing under Subsection (a) shall be conducted under Chapter 2001, Government Code.
(c) The board shall revoke the license of a person whose license is suspended under Subsection (a) on the person's final conviction.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.108.htm#108.002


Note(s) Regarding This Legislation:

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.003(a), eff. Sept. 1, 2003.

Other Note(s):

Prior Law: Vernon's Ann.Civ.St. art 4506(a). Repealed by Acts 2003, 78th Leg., ch. 1276, § 14.003(b), eff. Sept. 1, 2003

Occupations Code

§110.152. Council On Sex Offender Treatment — List And License Requirements

The council shall:

(1) maintain a list of sex offender treatment providers under Section 110.161; and
(2) develop and implement by rule under Subchapter G:

(A) license requirements; and
(B) procedures for sex offender treatment providers.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.110.htm#110.152

» Texas Administrative Code Rule 22 TAC Sec. 810.3(d)(1)(D)(i)

License Required - 22 TAC Sec. 810.3(d)(1)(D)(i)not have been convicted and/or adjudicated of any felony, or of any misdemeanor involving a sex offense or sexually motivated offense, nor have received deferred adjudication for a sex offense, and/or required to register as a sex offender under Texas Code of Criminal Procedure, Chapter 62;

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=36&ch=810&rl=3

Occupations Code

§164.153. Disciplinary Actions And Procedures — Certain Persons Ineligible For Reinstatement

Except on an express determination based on substantial evidence contained in an investigative report indicating that reinstatement or reissue of the license is in the best interests of the public and of the person whose license has been canceled, revoked, or suspended, the board may not reinstate or reissue a license to a person whose license has been canceled, revoked, or suspended because of a felony conviction under:

(1) Chapter 481 or 483, Health and Safety Code;
(2) Section 485.033, Health and Safety Code; or
(3) the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.).

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.164.htm#164.153

Occupations Code

§164.102. Disciplinary Actions And Procedures — Persons Ineligible For Probation

(a) The board may not grant probation to a physician who constitutes, through the practice of medicine, a continuing threat to the public welfare.

(b) Except on an express determination, based on substantial evidence, that granting probation is in the best interests of the public and of the person whose license has been suspended, revoked, or canceled, the board may not grant probation to a person whose license has been canceled, revoked, or suspended because of a felony conviction under:

(1) Chapter 481 or 483, Health and Safety Code;
(2) Section 485.033, Health and Safety Code;
(3) the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.); or
(4) any of the following sections of the Penal Code:

(A) Section 22.011(a)(2) (sexual assault of a child);
(B) Section 22.021(a)(1)(B) (aggravated sexual assault of a child);
(C) Section 21.02 (continuous sexual abuse of a young child or children); or
(D) Section 21.11 (indecency with a child).

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.164.htm#164.102


Note(s) Regarding This Legislation:

During the 82nd Legislature (2011), SB 263(3) amended Sec. 164.102(b).

Occupations Code

§164.057. Disciplinary Actions And Procedures — Required Suspension Or Revocation Of License For Certain Offenses

(a) The board shall suspend a physician's license on proof that the physician has been:

(1) initially convicted of:

(A) a felony;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.164.htm#164.057


Note(s) Regarding This Legislation:

During the 82nd Legislature (2011), SB 263 amended Sec. 164.057.

Occupations Code

§164.001. Disciplinary Actions And Procedures — Disciplinary Authority Of Board; Methods Of Discipline

(a) Except for good cause shown, the board, on determining a violation of this subtitle or a board rule or for any cause for which the board may refuse to admit a person to its examination or to issue or renew a license, including an initial conviction or the initial finding of the trier of fact of guilt of a felony or misdemeanor involving moral turpitude, shall:

(1) revoke or suspend a license;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.164.htm#164.001

Occupations Code

§201.502. Chiropractors — Grounds For Refusal, Revocation, Or Suspension Of License

(a) The board may refuse to admit a person to examinations and may revoke or suspend a license or place a license holder on probation for a period determined by the board for:

(1) violating this chapter or a rule adopted under this chapter, including committing an act prohibited under Section 201.5025;
(2) engaging in deception or fraud in the practice of chiropractic;
(3) presenting to the board or using a license, certificate, or diploma or a transcript of a license, certificate, or diploma that was illegally or fraudulently obtained, counterfeited, or materially altered;
(4) presenting to the board an untrue statement or a document or testimony that was illegally used to pass the examination;
(5) being convicted of a crime involving moral turpitude or a felony;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.201.htm#201.502

Occupations Code

§202.502. Podiatrists — Revocation And Suspension Of License For Drug-Related Felony Conviction

(a) The board shall suspend a person's license after an administrative hearing conducted in accordance with Chapter 2001, Government Code, in which the board determines that the license holder has been convicted of a felony under Chapter 481 or 483, Health and Safety Code, or Section 485.033, Health and Safety Code.

(b) On the person's final conviction, the board shall revoke the person's license.

(c) The board may not reinstate or reissue a license to a person whose license is suspended or revoked under this section except on an express determination based on substantial evidence contained in an investigative report indicating that the reinstatement or reissuance of the license is in the best interests of the public and of the person whose license has been suspended or revoked.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.202.htm#202.502

Occupations Code

§202.506. Podiatrists — Application To Certain Drug Offenses

A person convicted of a felony under Chapter 481 or 483, Health and Safety Code, or Section 485.033, Health and Safety Code, is not eligible for:

(1) probation of a license suspension or revocation under Section 202.503; or
(2) reissuance of a license under Section 202.504.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.202.htm#202.506

Occupations Code

§203.404. Midwives — Grounds For Disciplinary Action

(a) The midwifery board may discipline a licensed midwife, refuse to renew a midwife's license, or refuse to issue a license to an applicant if the person:

(1) violates this chapter or a rule adopted under this chapter;
(2) submits false or misleading information to the midwifery board or the department;
(3) is convicted of a misdemeanor involving moral turpitude or a felony;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.203.htm#203.404

Occupations Code

§204.303. Physician Assistants — Conduct Related To Violation Of Law

(a) The physician assistant board may take action under Section 204.301 against an applicant or license holder who:

(1) violates this chapter or a rule adopted under this chapter;
(2) is convicted of a felony, placed on deferred adjudication, or placed in a pretrial diversion program;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.204.htm#204.303

Occupations Code

§205.351. Acupuncture — Grounds For License Denial Or Disciplinary Action

(a) A license to practice acupuncture may be denied or, after notice and hearing, a license holder may be subject to disciplinary action under Section 205.352 if the license applicant or license holder:

(1) intemperately uses drugs or intoxicating liquors to an extent that, in the opinion of the board, could endanger the lives of patients;
(2) obtains or attempts to obtain a license by fraud or deception;
(3) has been adjudged mentally incompetent by a court;
(4) has a mental or physical condition that renders the person unable to perform safely as an acupuncturist;
(5) fails to practice acupuncture in an acceptable manner consistent with public health and welfare;
(6) violates this chapter or a rule adopted under this chapter;
(7) has been convicted of a crime involving moral turpitude or a felony or is the subject of deferred adjudication or pretrial diversion for such an offense;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.205.htm#205.351

Occupations Code

§206.203. Surgical Assistants — License Eligibility

(a) Except as provided by Section 206.206, to be eligible for a license, a person must:

(1) be of good moral character;
(2) have not been convicted of a felony or a crime involving moral turpitude;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.206.htm#206.203

Occupations Code

§206.303. Surgical Assistants — Conduct Related To Violation Of Law

(a) The medical board may take action under Section 206.301 against an applicant or license holder who:

(1) violates this chapter or a rule adopted under this chapter;
(2) is convicted of a felony, placed on deferred adjudication, or placed in a pretrial diversion program; or
(3) violates state law if the violation is connected with practice as a surgical assistant.

(b) A complaint, indictment, or conviction of a law violation is not necessary for the medical board to act under Subsection (a)(3). Proof of the commission of the act while in practice as a surgical assistant or under the guise of practice as a surgical assistant is sufficient for action by the medical board.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.206.htm#206.303

Occupations Code

§263.001. Dentistry — Grounds For Refusal To Issue License

The board may refuse to issue a license by examination to a dental or dental hygiene applicant if the person:

(1) presents to the board fraudulent or false evidence of the person's qualification for examination or license;
(2) is guilty of any illegality, fraud, or deception during the examination or the process to secure a license;
(3) is habitually intoxicated or is addicted to drugs;
(4) commits a dishonest or illegal practice in or connected to dentistry or dental hygiene;
(5) is convicted of a felony under a federal law or law of this state; or
(6) is found to have violated a law of this state relating to the practice of dentistry within the 12 months preceding the date the person filed an application for a license to practice dentistry or dental hygiene.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.263.htm#263.001

Occupations Code

§263.002. Dentistry — Grounds For Disciplinary Action In General

(a) The board, after notice and hearing, may reprimand a person who holds a license issued under this subtitle, issue a warning letter to a person licensed under this subtitle, impose a fine on a person licensed under this subtitle, impose an administrative penalty under Subchapter A, Chapter 264, on a person who holds a license under this subtitle, place on probation with conditions a person whose license has been suspended, or revoke or suspend a person's license issued under this subtitle if the person:

(1) is adjudged under the law to be insane;
(2) is convicted of a misdemeanor involving fraud or a felony under federal law or the law of any state;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.263.htm#263.002

Occupations Code

§263.006. Dentistry — Suspension Or Revocation Required For Certain Drug Offenses

(a) The board shall suspend a license holder's license issued under this subtitle on proof that the person has been:

(1) initially convicted of:

(A) a felony;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.263.htm#263.006

Occupations Code

§301.452. Nurses — Grounds For Disciplinary Action

(b) A person is subject to denial of a license or to disciplinary action under this subchapter for:

(1) a violation of this chapter, a rule or regulation not inconsistent with this chapter, or an order issued under this chapter;
(2) fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing;
(3) a conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or for a misdemeanor involving moral turpitude;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.301.htm#301.452

Occupations Code

§351.501. Optometrists And Therapeutic Optometrists — Denial Of License And Disciplinary Action By Board

(a) On the vote of five or more members, the board may refuse to issue a license to an applicant, revoke or suspend a license, place on probation a person whose license has been suspended, impose a fine, impose a stipulation, limitation, or condition relating to continued practice, including conditioning continued practice on counseling or additional education, or reprimand a license holder if the board determines that:

(1) the applicant or license holder is guilty of fraud, deceit, dishonesty, or misrepresentation in the practice of optometry or therapeutic optometry or in seeking admission to that practice;
(2) the applicant or license holder is unfit or incompetent by reason of negligence;
(3) the applicant or license holder has been convicted of a misdemeanor involving moral turpitude or a felony;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.351.htm#351.501

Occupations Code

§401.453. Speech-Language Pathologists And Audiologists — License Denial, Revocation, Or Suspension For Criminal Conviction

(a) The board may deny a license or may suspend or revoke a license if the applicant or license holder has been convicted of a misdemeanor involving moral turpitude or a felony. The board may take action authorized by this section when:

(1) the time for appeal of the person's conviction has elapsed;
(2) the judgment or conviction has been affirmed on appeal; or
(3) an order granting probation is made suspending the imposition of the person's sentence, without regard to whether a subsequent order:

(A) allows a withdrawal of a plea of guilty;
(B) sets aside a verdict of guilty; or
(C) dismisses an information or indictment.

(b) A plea or verdict of guilty or a conviction following a plea of nolo contendere is a conviction for purposes of this section.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.401.htm#401.453

Occupations Code

§402.203. Hearing Instrument Fitters And Dispensers — Application For Examination

(c) The committee may refuse to examine an applicant who has been convicted of a misdemeanor that involves moral turpitude or a felony.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.402.htm#402.203

Occupations Code

§402.501. Hearing Instrument Fitters And Dispensers — Grounds For License Denial And Disciplinary Action

The committee may refuse to issue or renew a license, revoke or suspend a license or permit, place on probation a person whose license or permit has been suspended, or reprimand a license or permit holder who:

(1) makes a material misstatement in furnishing information to the committee or to another state or federal agency;
(2) violates this chapter or a rule adopted under this chapter;
(3) is convicted of a felony or misdemeanor that includes dishonesty as an essential element or of a crime directly related to the practice of fitting and dispensing hearing instruments;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.402.htm#402.501

Occupations Code

§403.204. Licensed Dyslexia Practitioners And Licensed Dyslexia Therapists — License Denial, Revocation, Or Suspension For Criminal Conviction

(a) The department may deny a license or may suspend or revoke a license if the applicant or license holder has been convicted of a misdemeanor involving moral turpitude or a felony. The department may take action authorized by this section when:

(1) the time for appeal of the person's conviction has elapsed;
(2) the judgment or conviction has been affirmed on appeal; or
(3) an order granting probation is made suspending the imposition of the person's sentence, without regard to whether a subsequent order:

(A) allows withdrawal of a plea of guilty;
(B) sets aside a verdict of guilty; or
(C) dismisses an information or indictment.

(b) A plea or verdict of guilty or a conviction following a plea of nolo contendere is a conviction for purposes of this section.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.403.htm#403.204


Note(s) Regarding This Legislation:

Added by Acts 2009, 81st Leg., R.S., Ch. 1255, Sec. 1, eff. September 1, 2010.

Occupations Code

§451.251. Athletic Trainers — Grounds For Denial Of License Or Disciplinary Action

(a) The board may refuse to issue a license to an applicant and shall reprimand a license holder or suspend, revoke, or refuse to renew a person's license if the person:

(1) has been convicted of a misdemeanor involving moral turpitude or a felony;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.451.htm#451.251

Occupations Code

§453.351. Physical Therapists — Grounds For Denial Of License Or Discipline Of License Holder

(a) The board may deny a license or suspend or revoke a license, place a license holder on probation, reprimand a license holder, impose an administrative penalty, or otherwise discipline a license holder if the applicant or license holder has:

(1) except as provided by Section 453.301 or 453.302, provided physical therapy to a person without a referral from a referring practitioner;
(2) used drugs or intoxicating liquors to an extent that affects the license holder's or applicant's professional competence;
(3) been convicted of a felony, including a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere, in this state or in any other state or nation;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.453.htm#453.351

Occupations Code

§455.1525. Massage Therapy — Criminal Background Checks

(a) On receipt of an application for a license under this chapter, the department shall conduct a criminal background check on the applicant.
(b) An applicant is not eligible for a license under this chapter if the applicant, in the five years preceding the date of the application, has been finally convicted of a misdemeanor involving moral turpitude or a felony.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.455.htm#455.1525

Occupations Code

§501.255. Psychologists — Provisional License Examination Qualifications

(a) An applicant may take an examination for a provisional license if the applicant:

(1) has received:

(A) a doctoral degree in psychology from a regionally accredited educational institution conferred on or after January 1, 1979; or
(B) a doctoral degree in psychology, or the substantial equivalent of a doctoral degree in psychology in both subject matter and extent of training, from a regionally accredited educational institution conferred before January 1, 1979;

(2) has attained the age of majority;
(3) has good moral character;
(4) is physically and mentally competent to provide psychological services with reasonable skill and safety, as determined by the board;
(5) is not afflicted with a mental or physical disease or condition that would impair the applicant's competency to provide psychological services;
(6) has not been convicted of a crime involving moral turpitude or a felony;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.501.htm#501.255

Occupations Code

§501.401. Psychologists — Grounds For Disciplinary Action

The board shall revoke or suspend a holder's license, place on probation a person whose license has been suspended, or reprimand a license holder who:

(1) violates this chapter or a rule adopted by the board;
(2) is convicted of a felony or of any offense that would be a felony under the laws of this state, or of a violation of a law involving moral turpitude;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.501.htm#501.401

Occupations Code

§502.351. Marriage And Family Therapists — Grounds For Disciplinary Actions

The board shall reprimand a license holder, place on probation a person whose license has been suspended, refuse to renew a person's license, or suspend or revoke a holder's license if the person:

(1) is convicted of a misdemeanor involving moral turpitude or a felony;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.502.htm#502.351

Occupations Code

§502.252. Marriage And Family Therapists — License Application

(b) To qualify for a license as a licensed marriage and family therapist associate, a person must:

(1) be at least 18 years of age;
(2) have completed a graduate internship in marriage and family therapy, or an equivalent internship, as approved by the board;
(3) pass the license examination and jurisprudence examination determined by the board;
(4) hold a master's or doctoral degree in marriage and family therapy or in a related mental health field with coursework and training determined by the board to be substantially equivalent to a graduate degree in marriage and family therapy from a regionally accredited institution of higher education or an institution of higher education approved by the board;
(5) be of good moral character;
(6) have not been convicted of a felony or a crime involving moral turpitude;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.502.htm#502.252

Occupations Code

§503.203. Licensed Professional Counselors — General Rulemaking Authority

(a) The board shall adopt rules necessary to administer this chapter.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.503.htm#503.203

» Texas Administrative Code Rule 22 TAC 681.164(c)

22 TAC 681.164(c) - Licensing of Persons with Criminal Convictions - The board may suspend or revoke an existing license, disqualify a person from receiving a license, or deny to a person the opportunity to be examined for a license because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a licensee.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=30&ch=681&rl=164

Occupations Code

§504.051. Chemical Dependency Counselors — General Powers And Duties Of Executive Commissioner

The executive commissioner shall:

(1) adopt rules as necessary for the performance of its duties under this chapter;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.504.htm#504.051

» Texas Administrative Code Rule 25 TAC 140.430 — Criminal History Standards

(a) The department reviews the criminal history of each applicant for initial licensure, certification, and registration. Reviews are also conducted when the department receives information that a licensee has been charged, indicted, placed on deferred adjudication, community supervision, or probation, or convicted of an offense described in subsection (d) of this section.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=140&rl=430


Other Note(s):

25 TAC 140.430(d) enumerates a list of felony and misdemeanor offenses that may cause a denial of  the initial or renewal licensure.

Occupations Code

§505.451. Social Workers — Grounds For Denial Of License Or Order Of Recognition Of Specialty; Disciplinary Action

The board shall deny an application for a license or order of recognition of specialty and shall revoke or suspend, including a suspension on an emergency basis, a license or order, place a holder of a license or order that has been suspended on probation, refuse to renew a person's license, or reprimand a holder of a license or order for:

(1) violating this chapter or a rule adopted by the board under this chapter;
(2) circumventing or attempting to circumvent the requirements of this chapter or a rule adopted by the board under this chapter;
(3) directly or indirectly participating in a scheme to evade the requirements of this chapter or a rule adopted by the board under this chapter;
(4) engaging in unethical conduct;
(5) engaging in conduct that discredits or tends to discredit the social work profession;
(6) performing an act, allowing an omission, or making an assertion or representation that is fraudulent, deceitful, or misleading or that tends to create a misleading impression;
(7) knowingly associating with or permitting the use of a license holder's professional services or identification in connection with an enterprise that the person knows or should have known in the exercise of reasonable diligence violates this chapter or a rule adopted by the board under this chapter;
(8) knowingly associating with or permitting the use of a license holder's name, professional services or identification, or endorsement in connection with an enterprise that the person knows or should have known in the exercise of reasonable diligence is a trade, business, or professional practice of a fraudulent, deceitful, or misleading nature;
(9) directly or indirectly revealing or causing to be revealed a confidential communication transmitted to the license holder by a client or other recipient of the license holder's services unless revealing the communication is required by law;
(10) having been denied an application for a license or certificate to practice social work in another jurisdiction for a reason that the board determines would be a violation of this chapter or a rule adopted by the board under this chapter;
(11) holding a license or certificate in another jurisdiction that is suspended or revoked for a reason that the board determines would be a violation of this chapter or a rule adopted by the board under this chapter;
(12) having been convicted of a felony in this state, another state, or the United States;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.505.htm#505.451

Occupations Code

§565.002. Disciplinary Actions And Procedures; Reinstatement Of License — Applicant For Or Holder Of Pharmacy License

(a) The board may discipline an applicant for or the holder of a pharmacy license, including a Class E pharmacy license subject to Section 565.003(b), if the board finds that the applicant or license holder has:

(1) been convicted of or placed on deferred adjudication community supervision or deferred disposition or the applicable federal equivalent for:

(A) a misdemeanor:

(i) involving moral turpitude; or
(ii) under Chapter 481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.); or

(B) a felony;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.565.htm#565.002

Occupations Code

§565.001. Disciplinary Actions And Procedures; Reinstatement Of License — Applicant For Or Holder Of License To Practice Pharmacy

(a) The board may discipline an applicant for or the holder of a current or expired license to practice pharmacy if the board finds that the applicant or license holder has:

(1) violated this subtitle or a board rule adopted under this subtitle;
(2) engaged in unprofessional conduct as defined by board rule;
(3) engaged in gross immorality as defined by board rule;
(4) developed an incapacity that prevents the applicant or license holder from practicing pharmacy with reasonable skill, competence, and safety to the public;
(5) engaged in fraud, deceit, or misrepresentation, as defined by board rule, in practicing pharmacy or in seeking a license to practice pharmacy;
(6) been convicted of or placed on deferred adjudication community supervision or deferred disposition or the applicable federal equivalent for:

(A) a misdemeanor:

(i) involving moral turpitude; or
(ii) under Chapter 481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.); or

(B) a felony;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.565.htm#565.001

Occupations Code

§568.003. Pharmacy Technicians — Grounds For Disciplinary Action

(a) The board may take disciplinary action under Section 568.0035 if the board determines that the applicant or registrant has:

(1) violated this subtitle or a rule adopted under this subtitle;
(2) engaged in gross immorality, as that term is defined by the rules of the board;
(3) engaged in any fraud, deceit, or misrepresentation, as those terms are defined by the rules of the board, in seeking a registration to act as a pharmacy technician;
(4) been convicted of or placed on deferred adjudication community supervision or deferred disposition or the applicable federal equivalent for:

(A) a misdemeanor:

(i) involving moral turpitude; or
(ii) under Chapter 481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.); or

(B) a felony;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.568.htm#568.003

Occupations Code

§602.251. Medical Physicists — Grounds For License Denial Or Disciplinary Action

The board shall refuse to issue or renew a license, suspend or revoke a license, or reprimand a license holder for:

(1) obtaining or renewing a license by means of fraud, misrepresentation, or concealment of a material fact;
(2) having previously applied for or held a license issued by the licensing authority of another state, territory, or jurisdiction that was denied, suspended, or revoked by that licensing authority;
(3) engaging in unprofessional conduct that endangered or is likely to endanger the health, safety, or welfare of the public as defined by board rule;
(4) violating this chapter, a lawful order or rule of the board, or the board's code of ethics; or
(5) being convicted of:

(A) a felony; or
(B) a misdemeanor involving moral turpitude or that directly relates to the person's duties as a licensed medical physicist.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.602.htm#602.251

Occupations Code

§605.154. Orthotists And Prosthetists — Rulemaking

(a) The board shall propose rules consistent with this chapter to carry out its duties in administering this chapter.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.605.htm#605.154

» Texas Administrative Code Rule 22 TAC 821.5(e)(17)

22 TAC 821.5(e)(17)   (17) has been convicted of a felony or misdemeanor pursuant to Texas Occupations Code, Chapter 53, concerning felony or misdemeanor convictions.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=37&ch=821&rl=5


Other Note(s):

Prior Law, Repealed 2/10/2011:  22 TAC 821.43(b) - Licensing Persons with Criminal Backgrounds - (b) Guidelines. The board may deny an application or revoke, suspend, place on probation, or impose an administrative penalty against an existing license or registration if an applicant, licensee, or registration holder has been convicted of a crime (felony or misdemeanor) according to the following guidelines. http://texinfo.library.unt.edu/texasregister/html/2010/jul-23/PROPOSED/22.EXAMINING%20BOARDS.html

Occupations Code

§651.259. Cemetery And Crematory Services, Funeral Directing, And Embalming — Application By Out-Of-State License Holder

(b) Any applicant for a license under this section shall file a sworn application that includes:

(1) a statement that:

(A) the applicant is the person to whom the license was issued;
(B) no proceeding has been instituted against the applicant for the cancellation, suspension, or revocation of the license in the state, country, or territory that issued the license; and
(C) no prosecution is pending against the applicant in a state or federal court for an offense that, under the laws of this state, is a felony, or is a misdemeanor related to the practice of embalming or funeral directing; and

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.651.htm#651.259

Occupations Code

§651.5025. Cemetery And Crematory Services, Funeral Directing, And Embalming — Immediate License Revocation; Effect Of Certain Felony Convictions

(a) The commission may revoke the license of a license holder without a hearing if the commission determines from the information presented to it that the license holder has been convicted of a felony related to the practice of embalming, funeral directing, or another activity regulated by the commission under this chapter. The commission shall notify the license holder if it decides to revoke the license.
(b) The license holder may appeal the decision by submitting a written request for a hearing in accordance with this chapter and Chapter 2001, Government Code, not later than the 30th day after the date of the revocation.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.651.htm#651.5025

Occupations Code

§701.152. Dietitians — General Rulemaking Authority

(a) The dietitians board may adopt rules consistent with this chapter.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.701.htm#701.152

» Texas Administrative Code Rule 22 TAC 711.17(c)

22 TAC 711.17(c) - Licensing of Persons with Criminal Convictions - The board may suspend or revoke an existing license, disqualify a person from receiving a license, or deny to a person the opportunity to be examined for a license because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a licensee.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=31&ch=711&rl=17

Occupations Code

§801.402. Veterinarians — General Grounds For License Denial Or Disciplinary Action

A person is subject to denial of a license or to disciplinary action under Section 801.401 if the person:

(1) presents to the board dishonest or fraudulent evidence of the person's qualifications;
(2) commits fraud or deception in the examination process or to obtain a license;
(3) is chronically or habitually intoxicated, chemically dependent, or addicted to drugs;
(4) engages in dishonest or illegal practices in, or connected with, the practice of veterinary medicine or the practice of equine dentistry;
(5) is convicted of a felony under the laws of this state, another state, or the United States;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.801.htm#801.402


Note(s) Regarding This Legislation:

During the 82nd Legislature, HB 414 amended Sec. 801.402.

Occupations Code

§801.406. Veterinarians — Required Disciplinary Action For Certain Felony Convictions

(a) On conviction of a license holder of a felony under Section 485.033, Health and Safety Code, or Chapter 481 or 483 of that code, the board shall, after conducting an administrative hearing in which the fact of conviction is determined, impose a penalty as provided by Section 801.401. The board shall set the amount of the penalty to match the seriousness of the conviction.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.801.htm#801.406

Occupations Code

§901.505. Accountants — Procedure Pending Final Conviction Of Certain Offenses

(a) On conviction of a person of an offense under the laws of any state or the United States that is a felony or that includes fraud or dishonesty as an element of the offense, after notice and hearing as provided by Section 901.509, the board may:

(1) suspend a certificate or firm license issued under this chapter; or
(2) suspend or refuse to renew a license issued under this chapter.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.901.htm#901.505

Occupations Code

§901.502. Accountants — Grounds For Disciplinary Action

(10) a final conviction of or the imposition of deferred adjudication for an offense under the laws of any state or the United States that:

(A) is a felony; or
(B) includes fraud or dishonesty as an element of the offense;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.901.htm#901.502

Occupations Code

§1001.202. Engineers — Rules

The board may adopt and enforce any rule or bylaw necessary to perform its duties, govern its proceedings, and regulate the practice of engineering.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1001.htm#1001.202

» Texas Administrative Code Rule 22 TAC 133.99

22 TAC 133.99 - Processing of Applications with a Criminal Conviction - The Board shall follow the requirements of Chapter 53, Texas Occupations Code, regarding an applicant for a license and may deny a license or deny a request for an examination on the grounds that a person has been convicted of a felony or misdemeanor that directly relates to the duties of an engineer or the occupation of engineering.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=6&ch=133&rl=99

Occupations Code

§1002.055. Geoscientists — Grounds For Removal

(a) It is a ground for removal from the board that a member:

(1) is no longer qualified for appointment to the board;
(2) engages in misconduct, is determined to be incompetent, neglects the member's official duties, or engages in malfeasance;
(3) commits a violation of this chapter resulting in disciplinary action or a felony; or

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1002.htm#1002.055


Other Note(s):

Former language found in Vernon's Texas Statutes and Codes Annotated Title 52A. Engineers Art. 3271b. Repealed by Acts 2003, 78th Leg., ch. 1276, § 14A.004(b), eff. Sept. 1, 2003

Occupations Code

§1051.202. Texas Board Of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, And Interior Designers; Provisions Affecting Only Architects — General Rulemaking Authority

The board shall adopt reasonable rules and bylaws and prescribe forms as necessary to administer or enforce this subtitle, including rules regulating the practices of architecture, landscape architecture, and interior design.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1051.htm#1051.202

» Texas Administrative Code Rule 22 TAC 3.149(e)

22 TAC 3.149(e) - Criminal Convictions - The Board shall revoke the certificate of registration of any Registrant who is convicted of any felony if the felony conviction results in incarceration. The Board also shall revoke the certificate of registration of any Registrant whose felony probation, parole, or mandatory supervision is revoked.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=1&ch=3&rl=149

Occupations Code

§1051.207. Texas Board Of Architectural Examiners; General Provisions Affecting Architects, Landscape Architects, And Interior Designers; Provisions Affecting Only Architects — Rules On Consequences Of Criminal Conviction

The board shall adopt rules as necessary to comply with Chapter 53.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1051.htm#1051.207

» Texas Administrative Code Rule 22 TAC Sec. 1.149(e)

22 TAC Sec. 1.149. (e) The Board shall revoke the certificate of registration of any Registrant who is convicted of any felony if the felony conviction results in incarceration. The Board also shall revoke the certificate of registration of any Registrant whose felony probation, parole, or mandatory supervision is revoked.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=1&ch=1&rl=149


Other Note(s):

Restrictions are not limited to felony convictions; see Rule.

Occupations Code

§1053.252. Interior Designers — Grounds For Disciplinary Action

A person is subject to disciplinary action under Section 1053.251 for:

(1) violating this subtitle or a board rule adopted under this subtitle that applies to interior designers;
(2) being convicted of a felony or of a misdemeanor involving moral turpitude;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1053.htm#1053.252

Occupations Code

§1071.151. Land Surveyors — Rulemaking Authority

(a) The board may adopt and enforce reasonable and necessary rules and bylaws to perform its duties under this chapter and to establish standards of conduct and ethics for land surveyors.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1071.htm#1071.151

» Texas Administrative Code Rule 22 TAC 663.20

22 TAC 663.20 - Criminal Convictions - (a) Pursuant to Title 2, Occupations Code, Chapter 53, the following apply for registered professional land surveyors and applicants. (1) The registrant shall notify the Board in writing within 90 days of any conviction of any crime under the laws of the "United States, or any state, territory or country thereof, which is a felony or a misdemeanor, whether related to the practice of surveying or not. (2) The applicant will be required to state on a form provided by the board, whether he or she has ever been convicted of a felony or a misdemeanor.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=29&ch=663&rl=20

Occupations Code

§1101.652. Real Estate Brokers And Salespersons — Grounds For Suspension Or Revocation Of License

(a) The commission may suspend or revoke a license issued under this chapter or take other disciplinary action authorized by this chapter if the license holder:

(1) enters a plea of guilty or nolo contendere to or is convicted of a felony or a criminal offense involving fraud, and the time for appeal has elapsed or the judgment or conviction has been affirmed on appeal, without regard to an order granting community supervision that suspends the imposition of the sentence;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1101.htm#1101.652

Occupations Code

§1103.151. Real Estate Appraisers — Rules Relating To Certificates And Licenses

The board may adopt:

(1) rules for certifying or licensing an appraiser or approving an appraiser trainee in this state that are in accordance with this chapter and consistent with applicable federal law;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1103.htm#1103.151

» Texas Administrative Code Rule 22 TAC 153.19

22 TAC 153.19 - Licensing and Certification for Persons with Criminal Histories - (a) No currently incarcerated individual will be eligible to obtain or renew an appraiser license or certification. (b) The board may suspend or revoke an existing valid license or certification, disqualify an individual from receiving a license or certification, deny to a person the opportunity to be examined for a license or certification or deny any application for a license or certification, if the person has been convicted of a felony, had their felony probation revoked, had their parole revoked or had their mandatory supervision revoked. Any such action shall be made after consideration of the factors detailed in subsections (e) and (f) of this section. A person's license, certification, authorization as an appraiser trainee, or non-resident temporary practice registration shall be revoked upon the person's imprisonment following a felony conviction, felony probation revocation, revocation of parole, or revocation of mandatory supervision.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=8&ch=153&rl=19


Note(s) Regarding This Legislation:

During the 82nd Legislature, HB 2375(5) amended Sec. 1103.151.

Occupations Code

§1301.251. Plumbers — General Duties Of Board

The board shall:

(1) administer this chapter;
(2) adopt and enforce rules necessary to administer this chapter; and
(3) keep a record of each proceeding conducted before and action taken by the board.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1301.htm#1301.251

» Texas Administrative Code Rule 22 TAC 363.2(a)(1)

22 TAC 363.2(a)(1) - Consequences to the Applicant With Criminal - (a) Authority: (1) Under the authority of Chapter 53 and Chapter 1301, §1301.4521 of the Occupations Code, the Board may suspend, probate a suspension of, or revoke a registration, license or endorsement, disqualify a person from receiving a registration, license or endorsement, or deny to a person the opportunity to take a licensing or endorsement examination on the grounds that the person has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of the occupation of registered and licensed individuals performing plumbing and plumbing inspections.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=17&ch=363&rl=2

Occupations Code

§1701.312. Law Enforcement Officers — Disqualification: Felony Conviction Or Placement On Community Supervision

(a) A person who has been convicted of a felony is disqualified to be an officer, public security officer, telecommunicator, or county jailer, and the commission may not issue a license to, and a law enforcement agency may not appoint or employ, the person.
(b) For purposes of this section and Section 1701.502, a person is convicted of a felony if a court enters an adjudication of guilt against the person on a felony offense under the laws of this or another state or the United States, regardless of whether:

(1) the sentence is subsequently probated and the person is discharged from community supervision;
(2) the accusation, complaint, information, or indictment against the person is dismissed and the person is released from all penalties and disabilities resulting from the offense; or
(3) the person is pardoned for the offense, unless the pardon is granted expressly for subsequent proof of innocence.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1701.htm#1701.312


Note(s) Regarding This Legislation:

During the 82nd Legislature, HB 3823(6) amended Sec. 1701.312.

Occupations Code

§1702.113. Private Security — General Qualifications For License, Certificate Of Registration, Or Security Officer Commission

(a) An applicant for a license, certificate of registration, endorsement, or security officer commission or the applicant's manager must be at least 18 years of age and must not:

(1) at the time of application be charged with the commission of a Class A misdemeanor or felony offense, under an information or indictment;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1702.htm#1702.113


Note(s) Regarding This Legislation:

Amended Acts 2009, 81st Leg., R.S., Ch. 1146, Secs 4.34 and 4.102(7), eff. September 1, 2009.

Occupations Code

§1702.263. Private Security — Application For Seller's Certificate

Felony restriction repealed; see note.

http://www.legis.state.tx.us/tlodocs/81R/billtext/html/HB02730F.htm


Note(s) Regarding This Legislation:

HB 2730 Sec. 4.102(9) repealed Occupations code chapter 1702, subchapter K which contained Sec. 1702.263.

Other Note(s):

Repealed by Acts 2009, 81st Leg., ch. 1146, § 4.102(9), eff. Sept. 1, 2009

b) The commission shall approve an application for a seller's certificate and issue the certificate to the applicant unless:

(1) the background check of the applicant discloses a felony conviction for which a full pardon has not been granted;

Occupations Code

§1702.163. Private Security — Qualifications For Security Officer Commission

(b) An individual is not eligible for a security officer commission if the individual:

(1) is disqualified by state or federal law from owning or possessing a firearm;
(2) is incapable of exercising sound judgment in the proper use and storage of a handgun;
(3) is a fugitive from justice for a felony or a Class A or Class B misdemeanor;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1702.htm#1702.163

Occupations Code

§1701.502. Law Enforcement Officers — Felony Conviction Or Placement On Community Supervision

(a) The commission shall immediately revoke the license of a person licensed under this chapter who is convicted of a felony.
(b) The commission shall immediately suspend the license of a person licensed under this chapter who is charged with a felony and is placed on community supervision regardless of whether the court defers further proceedings without entering an adjudication of guilt.
(c) The commission may reinstate, as provided by commission rules, a license that is suspended under Subsection (b) when the license holder is released from community supervision.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1701.htm#1701.502

Occupations Code

§1703.203. Polygraph Examiners — Qualifications For License

Felony restriction repealed; see note.

http://www.legis.state.tx.us/tlodocs/81R/billtext/html/SB01005F.HTM


Other Note(s):

Amended by:Acts 2009, 81st Leg., R.S., Ch. 213, Sec. 9, eff. May 27, 2009.

Sec. 1703.203.  QUALIFICATIONS FOR LICENSE. (a)  A person is qualified for a polygraph examiner license if the person: 1)  has not been convicted of an offense that directly relates to the duties and responsibilities of a polygraph examiner [a misdemeanor involving moral turpitude or a felony];

Occupations Code

§1703.351. Polygraph Examiners — License Denial And Disciplinary Action

Felony restriction repealed; see note.

http://www.legis.state.tx.us/tlodocs/81R/billtext/html/SB01005F.HTM


Other Note(s):

Amended by:  Acts 2009, 81st Leg., R.S., Ch. 213, Sec. 20, eff. May 27, 2009.

Sec. 1703.351(a)(13)  is convicted of an offense that directly relates to the duties and responsibilities of a polygraph examiner [a misdemeanor involving moral turpitude or a felony];

Occupations Code

§1704.153. Regulation Of Bail Bond Sureties — Ineligibility Because Of Criminal Conviction

A person is not eligible for a license under this chapter if, after August 27, 1973, the person commits and is finally convicted of a misdemeanor involving moral turpitude or a felony.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1704.htm#1704.153

Occupations Code

§1954.051. Asbestos Health Protection — General Rulemaking Authority

The board shall adopt substantive and procedural rules as necessary or desirable for the board, the department, and the commissioner to discharge their powers and duties under this chapter.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1954.htm#1954.051

» Texas Administrative Code Rule 25 TAC 295.69(c)(7)

25 TAC 295.69(c)(7) - Compliance: Reprimand, Suspension, Revocation, Probation - (c) The department may deny or shall reprimand any licensee or registrant, or shall modify, suspend, suspend on an emergency basis, refuse to renew, or revoke a license if the licensee, registrant, or applicant engages in the behavior listed below. If a license or application has been denied, revoked or suspended for the reasons listed below, the licensee/applicant named in the revocation is not eligible to reapply for licensing for the time periods listed. If the licensee or applicant: (7)has been convicted within the past five years of a felony or misdemeanor arising from an asbestos-related activity - ineligible to reapply for three years.

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=295&rl=69

Occupations Code

§2001.202. Bingo — Eligibility For Manufacturer's License

The following persons are not eligible for a manufacturer's license:

(1) a person convicted of a felony, criminal fraud, a gambling or gambling-related offense, or a crime of moral turpitude if less than 10 years has elapsed since the termination of a sentence, parole, mandatory supervision, or community supervision served for the offense;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.2001.htm#2001.202

Occupations Code

§2001.105. Bingo — License Issuance Or Renewal

(b) The commission may not issue a license to an authorized organization to conduct bingo if an officer or member of the board of directors of the organization has been convicted of a felony, criminal fraud, a gambling or gambling-related offense, or a crime of moral turpitude if less than 10 years has elapsed since the termination of a sentence, parole, mandatory supervision, or community supervision served for the offense.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.2001.htm#2001.105

Occupations Code

§2001.154. Bingo — Ineligible Persons

(a) The commission may not issue a commercial lessor license to or renew a commercial lessor license of:

(1) a person convicted of a felony, criminal fraud, a gambling or gambling-related offense, or a crime of moral turpitude if less than 10 years has elapsed since termination of a sentence, parole, mandatory supervision, or community supervision served for the offense;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.2001.htm#2001.154

Occupations Code

§2001.207. Bingo — Eligibility For Distributor's License

The following persons are not eligible for a distributor's license:

(1) a person convicted of a felony, criminal fraud, a gambling or gambling-related offense, or a crime of moral turpitude if less than 10 years has elapsed since the termination of a sentence, parole, community supervision, or mandatory supervision served for the offense;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.2001.htm#2001.207

Occupations Code

§2001.252. Bingo — Eligibility For System Service Provider License

Felony restriction repealed; see note.

http://www.legis.state.tx.us/tlodocs/81R/billtext/html/HB01474F.htm


Other Note(s):

System Service Provider License [Repealed]  2001.251 to 2001.257. Repealed by Acts 2009, 81st Leg., ch. 636, § 42(12), eff. Oct. 1, 2009

Occupations Code

§2052.052. Combative Sports — Rules

(a) The commission shall adopt reasonable and necessary rules to administer this chapter.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.2052.htm#2052.052

» Texas Administrative Code Rule 16 TAC 61.22

16 TAC 61.22 - Licensing Requirements--Judges - (a) To qualify for a new license as a judge, an applicant must: (1) be at least 21 years of age; (2) not have been convicted of a felony;

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=16&pt=4&ch=61&rl=22

Occupations Code

§2052.052. Combative Sports — Rules

(a) The commission shall adopt reasonable and necessary rules to administer this chapter.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.2052.htm#2052.052

» Texas Administrative Code Rule 16 TAC 61.21

16 TAC 61.21 - (a) To qualify for a new license as a referee, an applicant must: (1) be at least 21 years of age; (2) not have been convicted of a felony;

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=16&pt=4&ch=61&rl=21

Occupations Code

§2153.302. Coin-Operated Machines — Mandatory Denial Of General Business License

The comptroller may not issue a general business license if the comptroller finds that the applicant has been:

(1) finally convicted of a felony during the five years preceding the date of application; or
(2) placed on community supervision or released on parole for a felony conviction during the two years preceding the date of application.

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.2153.htm#2153.302

Occupations Code

§2303.103. Vehicle Storage Facilities — Eligibility

The department shall approve an application submitted as provided by Section 2303.102 unless the department determines that:

(1) the applicant knowingly supplied false or incomplete information on the application;
(2) in the three years preceding the date of application, the applicant, a partner, principal, or officer of the applicant, or the general manager of the applicant, was convicted of:

(A) a felony;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.2303.htm#2303.103


Note(s) Regarding This Legislation:

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.

Other Note(s):

Prior Laws: Vernon's Ann.Civ.St. art. 6687-9a, § 7.

Occupations Code

§2308.057. Vehicle Towing And Booting — Rules

(a) The commission shall adopt rules for permitting tow trucks and licensing towing operators, towing companies, booting companies, and boot operators. The commission may adopt different rules applicable to each type of permit or license.
(a-1) The commission shall adopt rules for denial of applications and permits if the applicant, a partner, principal, officer, or general manager of the applicant, or other license or permit holder has:

(1) a criminal conviction, or has pleaded guilty or nolo contendere to an offense, before the date of the application, for:

(A) a felony; or
(B) a misdemeanor punishable by confinement in jail or by a fine in an amount that exceeds $500;

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.2308.htm#2308.057


Note(s) Regarding This Legislation:

During 82nd Legislature, HB 3510(10) amended Sec. 2308.057.

Penal Code

§46.04. Weapons — Unlawful Possession Of Firearm

(a) A person who has been convicted of a felony commits an offense if he possesses a firearm:

(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.04


Note(s) Regarding This Legislation:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.24, eff. September 1, 2009.

Penal Code

§46.041. Weapons — Unlawful Possession Of Metal Or Body Armor By Felon

(a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire.
(b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor.
(c) An offense under this section is a felony of the third degree.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.041

Probate Code

§78. Estates Of Decedents — Persons Disqualified To Serve As Executor Or Administrator

No person is qualified to serve as an executor or administrator who is:

(a) An incapacitated person;
(b) A convicted felon, under the laws either of the United States or of any state or territory of the United States, or of the District of Columbia, unless such person has been duly pardoned, or his civil rights restored, in accordance with law;

http://www.statutes.legis.state.tx.us/Docs/PB/htm/PB.V.htm#78


Note(s) Regarding This Legislation:

This section is repealed by Acts 2009, 81st Leg., ch. 680, § 10(a), effective January 1, 2014.

Other Note(s):

Prior Laws:

Acts 1876, p. 96. G.L. vol. 8, p. 932. Rev.Civ.St.1879, art. 1857
Rev.Civ.St.1895, art. 1910. Rev.Civ.St.1911, art. 3277. Vernon's Ann.Civ.St. art 3353.

The new statute, Estates § 304.003, appears to continue the felony restriction unchanged.

Property Code

§209.00591. Chapter 209 Texas Residential Property Owners Protection Act — Board Membership

(a) Except as provided by Subsection (b), a provision in a dedicatory instrument that restricts a property owner's right to run for a position on the board of the property owners' association is void.


(b) If a board is presented with written, documented evidence from a database or other record maintained by a governmental law enforcement authority that a board member has been convicted of a felony or crime involving moral turpitude, the board member is immediately ineligible to serve on the board of the property owners' association, automatically considered removed from the board, and prohibited from future service on the board.

http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.209.htm#209.00591

Property Code

§222.005. Texas Membership Camping Resort Act — Registration Of Sellers And Membership Camping Contract Brokers

(a) A person may not offer a membership interest or membership right in a membership camping resort or resell membership camping contracts in this state unless the person is registered with the secretary of state. Each application for registration as a seller or membership camping contract broker must be in writing and must be signed by the applicant.
(b) The application must state:

(1) the name and address of the applicant;
(2) the name and place of business of the applicant's employer, if any;
(3) whether the applicant has been convicted of a felony or a misdemeanor involving moral turpitude and if so, the nature of the felony, where and when it was committed, and the disposition of the conviction;

http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.222.htm#222.005

Tax Code

§154.107. Cigarette Tax — Denial Of Permit

The comptroller may reject an application and deny a permit if the comptroller finds, after notice and opportunity for hearing, any of the following:

(1) the premises where business will be conducted are not adequate to protect the cigarettes or cigarette stamps; or
(2) the applicant or managing employee, or if the applicant is a corporation, an officer, director, manager, or any stockholder who holds directly or through family or partner relationship 10 percent or more of the corporation's stock, or, if the applicant is a partnership, a partner or manager:

(A) has failed to disclose any information required by Sections 154.101(d), (e), and (f), including prior business experience, financial condition of the permit holder, present or previous business affiliations, prior employment, and any conviction of a felony, or has made a false statement in the application; or
(B) has previously violated provisions of this chapter.

http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.154.htm#154.107

Texas Constitution

Article 1 Sec. 3. Bill Of Rights — Equal Rights

All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.

http://www.statutes.legis.state.tx.us/Docs/CN/htm/CN.1.htm#1.3


Other Note(s):

Equal rights for "all free men" does not apply to convicted felons.

Texas Constitution

Article 1 Sec. 11. Bill Of Rights — Bail

All prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident; but this provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.

http://www.statutes.legis.state.tx.us/Docs/CN/htm/CN.1.htm#1.11


Other Note(s):

A felon has no constitutional right to bail; this right is a legislative grant. See also Code of Criminal Procedure Art. 1.07.

Texas Constitution

Article 1 Sec. 11a. Bill Of Rights — Multiple Convictions; Denial Of Bail

(a) Any person (1) accused of a felony less than capital in this State, who has been theretofore twice convicted of a felony, the second conviction being subsequent to the first, both in point of time of commission of the offense and conviction therefor, (2) accused of a felony less than capital in this State, committed while on bail for a prior felony for which he has been indicted, (3) accused of a felony less than capital in this State involving the use of a deadly weapon after being convicted of a prior felony, or (4) accused of a violent or sexual offense committed while under the supervision of a criminal justice agency of the State or a political subdivision of the State for a prior felony, after a hearing, and upon evidence substantially showing the guilt of the accused of the offense in (1) or (3) above, of the offense committed while on bail in (2) above, or of the offense in (4) above committed while under the supervision of a criminal justice agency of the State or a political subdivision of the State for a prior felony, may be denied bail pending trial, by a district judge in this State, if said order denying bail pending trial is issued within seven calendar days subsequent to the time of incarceration of the accused; provided, however, that if the accused is not accorded a trial upon the accusation under (1) or (3) above, the accusation and indictment used under (2) above, or the accusation or indictment used under (4) above within sixty (60) days from the time of his incarceration upon the accusation, the order denying bail shall be automatically set aside, unless a continuance is obtained upon the motion or request of the accused; provided, further, that the right of appeal to the Court of Criminal Appeals of this State is expressly accorded the accused for a review of any judgment or order made hereunder, and said appeal shall be given preference by the Court of Criminal Appeals.

http://www.statutes.legis.state.tx.us/Docs/CN/htm/CN.1.htm#1.11a

Texas Constitution

Article 1 Sec. 23. Bill Of Rights — Right To Keep And Bear Arms

Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

http://www.statutes.legis.state.tx.us/Docs/CN/htm/CN.1.htm#1.23


Other Note(s):

A felon has no constitutional right to bear arms; this right is a legislative grant with a view to prevent crime.

Texas Constitution

Article 4 Sec. 11. Executive Department — Board Of Pardons And Paroles; Parole Laws; Reprieves, Commutations, And Pardons; Remission Of Fines And Forfeitures

(b) In all criminal cases, except treason and impeachment, the Governor shall have power, after conviction or successful completion of a term of deferred adjudication community supervision, on the written signed recommendation and advice of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and commutations of punishment and pardons; and under such rules as the Legislature may prescribe, and upon the written recommendation and advice of a majority of the Board of Pardon

http://www.statutes.legis.state.tx.us/Docs/CN/htm/CN.4.htm#4.11


Note(s) Regarding This Legislation:

11(b) was amended during the 82nd Legislature by SJR 9. The phase "or successful completion of a term of deferred adjudication community supervision" was added after "In all criminal cases, except treason and impeachment, the Governor shall have power, after conviction."

Other Note(s):

Only by executive pardon are the full rights of a felon restored.

Texas Constitution

Article 6 Sec. 1. Suffrage — Classes Of Persons Not Allowed To Vote

(a) The following classes of persons shall not be allowed to vote in this State: (1) persons under 18 years of age; (2) persons who have been determined mentally incompetent by a court, subject to such exceptions as the Legislature may make; and (3) persons convicted of any felony, subject to such exceptions as the Legislature may make.

http://www.statutes.legis.state.tx.us/Docs/CN/htm/CN.6.htm#6.1


Other Note(s):

See also Constitution Article 16 Section 2 and Election Code Sec. 11.002.

Texas Constitution

Article 16 Sec. 2. General Provisions — Exclusions From Office, Jury Service And Right Of Suffrage; Protection Of Right Of Suffrage

Sec. 2 - Laws shall be made to exclude from office persons who have been convicted of bribery, perjury, forgery, or other high crimes.

http://www.statutes.legis.state.tx.us/Docs/CN/htm/CN.16.htm#16.2


Other Note(s):

Those convicted of bribery, perjury, forgery, or other high crimes shall, by law, be excluded from public office, serving on juries, and from the right of suffrage.

Texas Court Rules

Rule IV. Texas Board Of Law Examiners — Good Moral Character And Fitness Requirement

(d) The following provisions shall govern the determination of present good moral character and fitness of a Declarant or an Applicant who has been convicted of a felony in Texas or placed on probation for a felony with or without an adjudication of guilt in Texas, or who has been convicted or placed on probation with or without an adjudication of guilt in another jurisdiction for a crime which would be a felony in Texas. A Declarant or Applicant may be found lacking in present good moral character and fitness under this rule based on the underlying facts of a felony conviction or deferred adjudication, as well as based on the conviction or probation through deferred adjudication itself.

(1) The record of conviction or order of deferred adjudication is conclusive evidence of guilt.
(2) An individual guilty of a felony under this rule is conclusively deemed not to have present good moral character and fitness and shall not be permitted to file a Declaration of Intention to Study Law or an Application for a period of five years after the completion of the sentence and/or period of probation.
(3) Upon a credible showing that a felony conviction or felony probation, either with or without an adjudication of guilt, has been reversed on review by an appellate court, or that an executive pardon has been granted, the Declarant or Applicant shall be permitted to file a Declaration of Intention to Study Law or an Application.

http://www.ble.state.tx.us/Rules/NewRules/Rule04.pdf

Texas Court Rules

§AT-2. U.S. District Court Rules: Eastern District Texas — Attorney Discipline

(c) Conviction of a Crime. A member of the bar of this court who is convicted of a felony offense in any state or federal court will be immediately and automatically suspended from practice and thereafter disbarred upon final conviction.

http://www.txed.uscourts.gov/page1.shtml?location=rules:local

Texas Court Rules

Rule 2A. United States District Court: Southern District Of Texas — Appendix A: Rules Of Discipline: Conviction Of Crime

A. A lawyer convicted of a felony or a misdemeanor involving moral turpitude or controlled substance shall promptly notify this court in writing and furnish to the clerk of court a certified copy of the judgment of conviction. A lawyer convicted of a felony shall immediately cease practicing before this court pending further action by the court.

http://www.txs.uscourts.gov/district/rulesproc/dclclrl2009.pdf


Other Note(s):

The above link links to a PDF of the Court Rules.  Adobe Reader may be required to view these documents.

Texas Court Rules

§57.8. U.S. District Court Rules: Northern District Texas — Loss Of Membership And Discipline Of Attorneys

b. Grounds for Disciplinary Action. A presiding judge, after giving opportunity to show cause to the contrary, may take any appropriate disciplinary action against a member of the bar for:

1. conduct unbecoming a member of the bar;
2. failure to comply with any rule or order of this court;
3. unethical behavior;
4. inability to conduct litigation properly;
5. conviction by any court of a felony or crime involving dishonesty or false statement; or
6. having been publicly or privately disciplined by any court, bar, court agency or committee.

http://www.txnd.uscourts.gov/rules/localrules/criminal_rules57_58.html

Texas Court Rules

§83.8. U.S. District Court Rules: Northern District Texas — Loss Of Membership And Discipline Of Attorneys

b. Grounds for Disciplinary Action. A presiding judge, after giving opportunity to show cause to the contrary, may take any appropriate disciplinary action against a member of the bar for:

1. conduct unbecoming a member of the bar;
2. failure to comply with any rule or order of this court;
3. unethical behavior;
4. inability to conduct litigation properly;
5. conviction by any court of a felony or crime involving dishonesty or false statement; or
6. having been publicly or privately disciplined by any court, bar, court agency or committee.

http://www.txnd.uscourts.gov/rules/localrules/civilrules83.html

Texas Court Rules

Rule 609. Impeachment By Evidence Of Conviction Of Crime — General Rule

(a) General Rule. For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted if elicited from the witness or established by public record but only if the crime was a felony or involved moral turpitude, regardless of punishment, and the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to a party.
(b) Time Limit. Evidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date, unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect.

http://www.courts.state.tx.us/rules/tre/tre-all-010107.htm#RULE609

Transportation Code

§521.022. Driver's Licenses And Certificates — Restrictions On Operators Of Certain School Buses

(f) Before a person is employed to operate a school bus to transport students, the employer must obtain a criminal history record check. A school district, school, service center, or shared services arrangement, or a commercial transportation company under contract with a school district, that obtains information that a person has been convicted of a felony or misdemeanor involving moral turpitude may not employ the person to drive a school bus on which students are transported unless the employment is approved by the board of trustees of the school district or the board's designee.

http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.521.htm#521.022

Transportation Code

§521.307. Driver's Licenses And Certificates — Suspension Of Certain Provisional Licenses

(a) On the recommendation of a juvenile court with jurisdiction over the holder of a provisional license, the department shall suspend a provisional license if it is found by the juvenile court that the provisional license holder has committed:

(1) an offense that would be classified as a felony if the license holder were an adult; or
(2) a misdemeanor in which a motor vehicle was used to travel to or from the scene of the offense, other than an offense specified by Chapter 729.

http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.521.htm#521.307

Transportation Code

§521.372. Driver's Licenses And Certificates — Automatic Suspension; License Denial

(a) A person's driver's license is automatically suspended on final conviction of:

(1) an offense under the Controlled Substances Act;
(2) a drug offense; or
(3) a felony under Chapter 481, Health and Safety Code, that is not a drug offense.

http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.521.htm#521.372


Other Note(s):

See also Texas Controlled Substances Act at: Chapter 481 Health and Safety Code

Transportation Code

§548.407. Compulsory Inspection Of Vehicles — Hearing On Denial, Revocation, Or Suspension Of Certificate

(d) The department may provide that a revocation or suspension takes effect on receipt of notice under Subsection (b) if the department finds that the action is necessary to prevent or remedy a threat to public health, safety, or welfare. Violations that present a threat to public health, safety, or welfare include:

(1) issuing an inspection certificate with knowledge that the issuance is in violation of this chapter or rules adopted under this chapter;
(2) falsely or fraudulently representing to the owner or operator of a vehicle that equipment inspected or required to be inspected must be repaired, adjusted, or replaced for the vehicle to pass an inspection;
(3) issuing an inspection certificate:

(A) without authorization to issue the certificate; or
(B) without inspecting the vehicle;

(4) issuing an inspection certificate for a vehicle with knowledge that the vehicle has not been repaired, adjusted, or corrected after an inspection has shown a repair, adjustment, or correction to be necessary;
(5) knowingly issuing an inspection certificate:

(A) for a vehicle without conducting an inspection of each item required to be inspected; or
(B) for a vehicle that is missing an item required to be inspected or that has an item required to be inspected that is not in compliance with state law or department rules;

(6) refusing to allow a vehicle's owner to have a qualified person of the owner's choice make a required repair, adjustment, or correction;
(7) charging for an inspection an amount greater than the authorized fee;
(8) a violation of Subchapter F;
(9) a violation of Section 548.603; or
(10) a conviction of a felony or a Class A or B misdemeanor that directly relates to or affects the duties or responsibilities of a vehicle inspection station or inspector or a conviction of a similar crime under the jurisdiction of another state or the federal government.

http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.548.htm#548.407

Transportation Code

§681.0101. Privileged Parking — Enforcement By Certain Appointed Persons

(a) A political subdivision may appoint a person to have authority to file a charge against a person who commits an offense under this chapter.
(b) A person appointed under this section must:

(1) be a United States citizen of good moral character who has not been convicted of a felony;

http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.681.htm#681.0101

Vernon's Annotated Texas Civil Statutes

Article 581-14. Blue Sky Law--Securities — Denial, Suspension Or Revocation Of Registration As Dealer, Agent, Investment Adviser, Or Investment Adviser Representative

A. The Commissioner may deny, revoke, or suspend a registration issued under this Act, place on probation a dealer, agent, investment adviser, or investment adviser representative whose registration has been suspended under this Act, or reprimand a person registered under this Act if the person:

(1) has been convicted of any felony;

http://www.statutes.legis.state.tx.us/Docs/CV/htm/CV.19.0.htm#581-14

Vernon's Annotated Texas Civil Statutes

Article 1396-8.15. Foreign Corporations — Revocation Of Certificate Of Authority

Art. 1396-8.12 expired Jan. 1, 2010, pursuant to Vernon’s Ann.Civ.St. art. 1396-11.02. See Business Organizations code sec. 9.151.

http://www.statutes.legis.state.tx.us/Docs/CV/htm/CV.32.9.htm#1396-8.15


Note(s) Regarding This Legislation:

Prior language:

(F) When a foreign corporation is convicted of a felony, or when a high managerial agent is convicted of a felony committed in the conduct of the affairs of the foreign corporation, the Attorney General may file an action to revoke the certificate of authority of the foreign corporation to conduct affairs in this state in a district court of the county in which the registered office of the foreign corporation in this state is situated or in a district court of Travis County. The court may revoke the foreign corporation's certificate of authority if it is established that:

(1) The foreign corporation, or a high managerial agent acting in behalf of the foreign corporation, has engaged in a persistent course of felonious conduct; and
(2) To prevent future felonious conduct of the same character, the public interest requires such revocation.

Vernon's Annotated Texas Civil Statutes

Article 1538 Art. 7.01 Sec. F. Texas Business Corporation Act — Involuntary Dissolution

The Texas Business Corporation Act expired by its own terms on January 1, 2010. To view the prior language of this law, visit the Statutes by Date feature on the Texas Constitution and Statutes website. Select a date prior to January 1, 2010.

http://www.statutes.legis.state.tx.us/StatutesByDate.aspx


Other Note(s):

Expired art. 7.01, relating to involuntary dissolution, expired Jan. 1, 2010.

Former language:

F. When a corporation is convicted of a felony or when a high managerial agent is convicted of a felony in the conduct of the affairs of the corporation, the Attorney General may file an action to involuntarily dissolve the corporation in a district court of the county in which the registered office of the corporation is situated or in a district court of Travis County. The court may dissolve the corporation involuntarily if it is established that:

(1) The corporation, or a high managerial agent acting in behalf of the corporation, has engaged in a persistent course of felonious conduct; and
(2) To prevent future felonious conduct of the same character, the public interest requires such dissolution.

Vernon's Annotated Texas Civil Statutes

Article 179e 2.05. Texas Racing Act — Eligibility

(d) A person who has been convicted of a felony or of any crime involving moral turpitude is not eligible for appointment to the commission.

http://www.statutes.legis.state.tx.us/Docs/CV/htm/CV.6.0.htm#179e

Water Code

§58.223. Irrigation Districts — Eligibility Requirements

An individual landowner, or the landowner's registered representative, is eligible to vote only if the individual:

(1) is 18 years of age or older;
(2) is a United States citizen;
(3) has not been determined mentally incompetent by a final judgment of a court;
(4) has not been finally convicted of a felony or, if so convicted, has:

(A) fully discharged the individual's sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or
(B) been pardoned or otherwise released from the resulting disability to vote; and

(5) is included on the list of qualified voters prepared under Section 58.224(d).

http://www.statutes.legis.state.tx.us/Docs/WA/htm/WA.58.htm#58.223


Other Note(s):

Regarding eligibility to vote in an election for an irrigation district.

page last updated: 18 Apr 2013 3:26 PM