Texas Codes

Tex. Occ. Code § 53.021 (2026)

Authority To Revoke, Suspend, Or Deny License

✓ current as of May 2026

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Sec. 53.021. AUTHORITY TO REVOKE, SUSPEND, OR DENY LICENSE.

(a) Subject to Section 53.0231, a licensing authority may suspend or revoke a license, disqualify a person from receiving a license, or deny to a person the opportunity to take a licensing examination on the grounds that the person has been convicted of:

(1) an offense that directly relates to the duties and responsibilities of the licensed occupation;

(2) an offense listed in Article 42A.054, Code of Criminal Procedure; or

(3) a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure.

(a-1) Subsection (a) does not apply to a person who has been convicted only of an offense punishable as a Class C misdemeanor unless:

(1) the person is an applicant for or the holder of a license that authorizes the person to possess a firearm; and

(2) the offense for which the person was convicted is a misdemeanor crime of domestic violence as that term is defined by 18 U.S.C. Section 921.

(a-2) A licensing authority may revoke a license holder's license on the grounds of the license holder's imprisonment following a felony conviction.

(b) A license holder's license shall be revoked on the license holder's imprisonment following a:

(1) felony conviction for:

(A) an offense that directly relates to the duties and responsibilities of the licensed occupation;

(B) an offense listed in Article 42A.054, Code of Criminal Procedure; or

(2) felony community supervision revocation;

(3) revocation of parole; or

(4) revocation of mandatory supervision.

(c) Except as provided by Subsections (d) and (e), notwithstanding any other law, a licensing authority may not consider a person to have been convicted of an offense for purposes of this section if, regardless of the statutory authorization:

(1) the person entered a plea of guilty or nolo contendere;

(2) the judge deferred further proceedings without entering an adjudication of guilt and placed the person under the supervision of the court or an officer under the supervision of the court; and

(3) at the end of the period of supervision, the judge dismissed the proceedings and discharged the person.

(d) A licensing authority may consider a person to have been convicted of an offense for purposes of this section regardless of whether the proceedings were dismissed and the person was discharged as described by Subsection (c) if:

(1) the person was charged with:

(A) any offense described by Article 62.001(5), Code of Criminal Procedure; or

(B) an offense other than an offense described by Paragraph (A) if:

(i) the person has not completed the period of supervision or the person completed the period of supervision less than five years before the date the person applied for the license; or

(ii) a conviction for the offense would make the person ineligible for the license by operation of law; and

(2) after consideration of the factors described by Sections 53.022 and 53.023(a), the licensing authority determines that:

(A) the person may pose a continued threat to public safety; or

(B) employment of the person in the licensed occupation would create a situation in which the person has an opportunity to repeat the prohibited conduct.

(e) Subsection (c) does not apply if the person is an applicant for or the holder of a license that authorizes the person to provide:

(1) law enforcement or public health, education, or safety services; or

(2) financial services in an industry regulated by a person listed in Section 411.0765(b)(18), Government Code.

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 616 (H.B. 963), Sec. 3, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1148 (H.B. 2808), Sec. 1, eff. June 19, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 938 (H.B. 1659), Sec. 2, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 1265 (H.B. 798), Sec. 1, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.79, eff. January 1, 2017.

Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 31, eff. September 1, 2015.

Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 5, eff. September 1, 2019.

Acts 2025, 89th Leg., R.S., Ch. 175 (S.B. 1080), Sec. 2, eff. May 27, 2025.

Notes of Decisions

Cited in 14 cases (5 in the last 5 years), 2000–2026 · leading case: Texas Dep't of Licensing & Reg. v. John Thompson, 455 S.W.3d 648 (Tex. App. 2013).

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Texas Dep't of Licensing & Reg. v. John Thompson, 455 S.W.3d 648 (Tex. App. 2013). “See Tex. Occ.Code §§ 53.021, .025(a). The Department’s guidelines provide that crimes involving prohibited sexual conduct or children as victims relate directly to the duties and responsibilities of the licensed occupation of a tow truck operator.”

Texas State Bd. of Soc. Worker Examiners v. Katherin Youniacutt & Tammy Thompson (Tex. App. 2025). · cites it 4× “12 Tex. Occ. Code § 53.021 .................”

Untitled Texas Attorney Gen. Opinion: KP-0451 (Tex. Att'y Gen. 2023). · cites it 3× “See TEX. OCC. CODE § 53.021. Section 53.021 provides that, subject to certain notice requirements, “a licensing authority may suspend or revoke a license, disqualify a person from receiving a license, or deny to a person the opportunity to take a licensing examination on the…”

Freedom From Religion v. Mack, 54 F.4th 320 (5th Cir. 2022). “They may also lose a firearms license, Tex. Occ. Code § 53.021(a-1), have their driver’s license suspended, Tex.”

Richard Walton v. Texas Real Est. Comm'n (Tex. App. 2024). · cites it 2× “Tex. Occ. Code §§ 53.021 (d); 53.022, and 53.”

Citizens Against the Landfill in Hempstead Michael McCall Wayne Knox & the City of Hempstead v. Texas Comm'n on Env't Quality & Pintail Landfill, L.L.C. (Tex. App. 2015). · cites it 2× “174 , the Commissioner's consideration of two 25-year-old felony convictions that involved the defrauding of elderly victims through the sale of an unauthorized in- surance product was not erroneous under Tex. Occ. Code Ann. §§ 53.021 ,.022 and substantial evidence existed…”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2016). “" TEX. Occ. CODE§ 53.021(a)(l). You first ask generally about the effect of an applicant or licensee having "been placed on deferred adjudication for gambling or a gambling-related offense.”

Untitled Texas Attorney Gen. Opinion: KP-0518 (Tex. Att'y Gen. 2026). “See TEX. OCC. CODE § 53.021; see also, e.g., 22 TEX.”

Mark Allen Brown v. Texas Dep't of Ins. & Jose Montemayor as Comm'r of Ins. (Tex. App. 2000). · cites it 2× “6252-13c, since repealed and codified at Tex. Occ. Code Ann. §§ 53.021 -.024 (West 2000)).”

Charles Anthony (Tony) Smith v. Jose Montemayor, Comm'r of Ins. (Tex. App. 2003). “Tex. Occ. Code Ann. § 53.021 (West 2003).”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2014). “TEX. Occ. CODE ANN. § 53.021(a) (West Supp.”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2010). “See TEx. Occ. CODE ANN. § 53.021(a) (Vernon Supp.”

Show all 14 citing cases →

— Tex. Occ. Code § 53.021(a) — 4 cases

Untitled Texas Attorney Gen. Opinion: KP-0451 (Tex. Att'y Gen. 2023). “See TEX. OCC. CODE § 53.021. Section 53.021 provides that, subject to certain notice requirements, “a licensing authority may suspend or revoke a license, disqualify a person from receiving a license, or deny to a person the opportunity to take a licensing examination on the…”

Texas State Bd. of Soc. Worker Examiners v. Katherin Youniacutt & Tammy Thompson (Tex. App. 2025). “12 Tex. Occ. Code § 53.021 .................”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2014). “TEX. Occ. CODE ANN. § 53.021(a) (West Supp.”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2010). “See TEx. Occ. CODE ANN. § 53.021(a) (Vernon Supp.”

— Tex. Occ. Code § 53.021(a)(l) — 1 case

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