Texas Occupations Code 53.022 – Factors in Determining Whether Conviction Directly Relates to Occupation
Terms Used In Texas Occupations Code 53.022
- Conviction: A judgement of guilt against a criminal defendant.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
In determining whether a criminal conviction directly relates to the duties and responsibilities of a licensed occupation, the licensing authority shall consider each of the following factors:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for requiring a license to engage in the occupation;
(3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;
(4) the relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities of the licensed occupation; and
(5) any correlation between the elements of the crime and the duties and responsibilities of the licensed occupation.