Texas Codes

Tex. Occ. Code § 53.023 (2026)

Additional Factors For Licensing Authority To Consider After Determining Conviction Directly Relates To Occupation

✓ current as of May 2026

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Sec. 53.023. ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO CONSIDER AFTER DETERMINING CONVICTION DIRECTLY RELATES TO OCCUPATION. (a) If a licensing authority determines under Section 53.022 that a criminal conviction directly relates to the duties and responsibilities of a licensed occupation, the licensing authority shall consider the following in determining whether to take an action authorized by Section 53.021:

(1) the extent and nature of the person's past criminal activity;

(2) the age of the person when the crime was committed;

(3) the amount of time that has elapsed since the person's last criminal activity;

(4) the conduct and work activity of the person before and after the criminal activity;

(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;

(6) evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision; and

(7) other evidence of the person's fitness, including letters of recommendation.

(b) The applicant has the responsibility, to the extent possible, to obtain and provide to the licensing authority the recommendations described by Subsection (a)(7).

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. 7, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 8, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 12, eff. September 1, 2019.

Notes of Decisions

Cited in 12 cases (4 in the last 5 years), 2000–2025 · leading case: John Thompson v. Texas Dep't of Licensing & Reg., 455 S.W.3d 569 (Tex. 2014).

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John Thompson v. Texas Dep't of Licensing & Reg., 455 S.W.3d 569 (Tex. 2014). · cites it 2× “Texas Occupations Code section 53.023(a) lists factors a licensing authority shall consider when an applicant has been convicted of a crime: *572 (1) the extent and nature of the person’s past criminal activity; (2) the age of the person when the crime was committed; (3) the…”

Brown v. Texas Dep't of Ins., 34 S.W.3d 683 (Tex. App. 2000). “6252-13c, § 4(c), since repealed and codified at Tex.Occ.Code Ann. § 53.023 (West 2000)). 15 .”

Texas Dep't of Licensing & Reg. v. John Thompson, 455 S.W.3d 648 (Tex. App. 2013). “See Tex. Occ.Code § 53.023(a)(5); see, e.g., Rodriguez v.”

Texas State Bd. of Soc. Worker Examiners v. Katherin Youniacutt & Tammy Thompson (Tex. App. 2025). · cites it 2× “4 Tex. Occ. Code § 53.023 .................”

Charles Anthony (Tony) Smith v. Jose Montemayor, Comm'r of Ins. (Tex. App. 2003). · cites it 3× “See Tex. Occ. Code Ann. § 53.023 (c) (applicant's responsibility to furnish proof of payment of all outstanding restitution); 28 Tex.”

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× “022 and substantial evidence existed demon- strating that the applicant failed to make restitution and failed to provide letters of recommendation from prosecutors, law enforcement, and correctional officers, as required by Tex. Occ. Code Ann. § 53.023 (a)(6)(A) and (b); thus,…”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2016). “023 of the Occupations Code list the factors that a licensing authority must consider.”

Texas Real Est. Comm'n v. Josef Adam Riekers (Tex. App. 2020). “1 (c); see also Tex. Occ. Code § 53.023(a). 5 The ALJ cited the factors contained within 22 Texas Administrative Code § 541.”

Richard Walton v. Texas Real Est. Comm'n (Tex. App. 2024). “Tex. Occ. Code § 53.023(a); see also 22 Tex.”

Calvin Gary Walker D/B/A Walker's Elec. Co. v. Texas Dep't of Licensing & Regulations Enf't Div. (Tex. App. 2025). “25 See TEX. OCC. CODE §§ 53.023, .025. 26 [PFD at 9].”

Mark Allen Brown v. Texas Dep't of Ins. & Jose Montemayor as Comm'r of Ins. (Tex. App. 2000). “6252-13c, § 4(c), since repealed and codified at Tex. Occ. Code Ann. § 53.023 (West 2000)).”

— Tex. Occ. Code § 53.023(a) — 4 cases

John Thompson v. Texas Dep't of Licensing & Reg., 455 S.W.3d 569 (Tex. 2014). “Texas Occupations Code section 53.023(a) lists factors a licensing authority shall consider when an applicant has been convicted of a crime: *572 (1) the extent and nature of the person’s past criminal activity; (2) the age of the person when the crime was committed; (3) the…”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2016). “023 of the Occupations Code list the factors that a licensing authority must consider.”

Texas Real Est. Comm'n v. Josef Adam Riekers (Tex. App. 2020). “1 (c); see also Tex. Occ. Code § 53.023(a). 5 The ALJ cited the factors contained within 22 Texas Administrative Code § 541.”

Richard Walton v. Texas Real Est. Comm'n (Tex. App. 2024). “Tex. Occ. Code § 53.023(a); see also 22 Tex.”

— Tex. Occ. Code § 53.023(a)(5) — 1 case

Texas Dep't of Licensing & Reg. v. John Thompson, 455 S.W.3d 648 (Tex. App. 2013). “See Tex. Occ.Code § 53.023(a)(5); see, e.g., Rodriguez v.”

— Tex. Occ. Code § 53.023(a)(6) — 1 case

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