Tex. Codes » Occupations Code · TITLE 2. GENERAL PROVISIONS RELATING TO LICENSING · CHAPTER 53. CONSEQUENCES OF CRIMINAL CONVICTION
Texas Codes

Tex. Occ. Code § 53.022 (2026)

Factors In Determining Whether Conviction Directly Relates To Occupation

✓ current as of May 2026
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Sec. 53.022. FACTORS IN DETERMINING WHETHER CONVICTION DIRECTLY RELATES TO OCCUPATION. 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.

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

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 6, eff. September 1, 2019.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2000–2024 · leading case: Brown v. Texas Dep't of Ins., 34 S.W.3d 683 (Tex. App. 2000).
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Brown v. Texas Dep't of Ins., 34 S.W.3d 683 (Tex. App. 2000). “he amount of time that has elapsed since the person’s last criminal activity; (8) the conduct and work activity of the person before and after the criminal activity; (9) evidence of the person’s rehabilitation or rehabilitative effort while incarcerated or after release; and…”
Texas Dep't of Licensing & Reg. v. John Thompson, 455 S.W.3d 648 (Tex. App. 2013). “Tex. Occ.Code § 53.022. Conclusion of Law No.”
Richard Walton v. Texas Real Est. Comm'n (Tex. App. 2024). “Tex. Occ. Code § 53.022. 7 No. 03-14-00349-CV, 2016 WL 3068408 , at *3 (Tex.”
Charles Anthony (Tony) Smith v. Jose Montemayor, Comm'r of Ins. (Tex. App. 2003). “(2) See Tex. Occ. Code Ann. §§ 53.022 , .023 (West 2003).”
Mark Allen Brown v. Texas Dep't of Ins. & Jose Montemayor as Comm'r of Ins. (Tex. App. 2000). “See Act of May 19, 1981, 67th Leg., R.S., ch. 267, § 1, 1981 Tex.”
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