Tex. Codes » Occupations Code · TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY · CHAPTER 1701. LAW ENFORCEMENT OFFICERS
Texas Codes

Tex. Occ. Code § 1701.312 (2026)

Disqualification: Felony Conviction Or Placement On Community Supervision

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Sec. 1701.312. 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.

(c) The commission, on receipt of a certified copy of a court's judgment under Article 42.011, Code of Criminal Procedure, shall note on the person's licensing records the conviction or community supervision indicated by the judgment.

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

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 855 (H.B. 3823), Sec. 6, eff. September 1, 2011.

Notes of Decisions
Cited in 5 cases, 2002–2014 · leading case: Cuellar v. State, 70 S.W.3d 815 (Tex. Crim. App. 2002).
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Cuellar v. State, 70 S.W.3d 815 (Tex. Crim. App. 2002). · cites it 8× “[48] Tex. Occ.Code Ann. §§ 1701.312(b), 1702.371 (Vernon 2000).”
Carl Campbell v. Texas Dep't of Pub. Saf., No. 03-02-00604-CV (Tex. App.—Austin Aug. 29, 2003). “” Tex. Occ. Code Ann. § 1701.312 (b)(2) (West Supp.”
Carl Campbell v. Texas Dep't of Pub. Saf., No. 03-02-00604-CV (Tex. App.—Austin Aug. 29, 2003). “" Tex. Occ. Code Ann. § 1701.312 (b)(2) (West Supp.”
Michael E. Ware v. Texas Comm'n on Law Enf't Officer Standards & Educ., No. 03-12-00740-CV (Tex. App.—Austin May 16, 2013). “See Tex. Occ. Code Ann. § 1701.312 (West 2012).”
Untitled Texas Attorney Gen. Opinion, No. GA-1087 (Tex. Att'y Gen. July 2, 2014). “2000) (determining that the Concealed Handgun Act's specific definition of the word "convicted" means that a person who has been convicted of certain crimes is disqualified from licensure even if the person has received judicial clemency); see also TEX. Occ. CoDE ANN. §…”
Tex. Occ. Code § 1701.312(b): 1 case
Cuellar v. State, 70 S.W.3d 815 (Tex. Crim. App. 2002). “[48] Tex. Occ.Code Ann. §§ 1701.312(b), 1702.371 (Vernon 2000).”
Tex. Occ. Code § 1701.312(b)(1): 1 case
Cuellar v. State, 70 S.W.3d 815 (Tex. Crim. App. 2002). “[48] Tex. Occ.Code Ann. §§ 1701.312(b), 1702.371 (Vernon 2000).”
Tex. Occ. Code § 1701.312(b)(2): 1 case
Untitled Texas Attorney Gen. Opinion, No. GA-1087 (Tex. Att'y Gen. July 2, 2014). “2000) (determining that the Concealed Handgun Act's specific definition of the word "convicted" means that a person who has been convicted of certain crimes is disqualified from licensure even if the person has received judicial clemency); see also TEX. Occ. CoDE ANN. §…”
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