(a) The policy and procedures established in this chapter
apply to a person who holds or applies for any certificate issued
under the commission's regulatory authority contained in Government
Code, Chapter 419.
(b) When a person is charged with, or convicted of
a crime of a sexual nature, the conviction of which would require
the individual to be registered as a sex offender under Chapter 62
of the Code of Criminal Procedure; or
(c) When a person engages in conduct that is an offense
under Title 7 of the Texas Penal Code, or a similar offense under
the laws of the United States of America, another state, or other
jurisdiction, the person's conduct directly relates to the competency
and reliability of the person to assume and discharge the responsibilities
of fire protection personnel. Such conduct includes, but is not limited
to, intentional or knowing conduct, without a legal privilege, that
causes or is intended to cause a fire or explosion with the intent
to injure or kill any person or animal or to destroy or damage any
property. The commission may consider the person's conduct even though
a final conviction has not occurred and may:
  (1) deny to a person the opportunity to be examined
for a certificate;
  (2) deny the application for a certificate;
  (3) grant the application for a new certificate with
the condition that a probated suspension be placed on the newly granted
certificate;
  (4) refuse to renew a certificate;
  (5) suspend, revoke or probate the suspension or revocation
of an existing certificate; or
  (6) limit the terms or practice of a certificate holder
to areas prescribed by the commission.
(d) When a person's criminal conviction of a felony
or misdemeanor directly relates to the duties and responsibilities
of the holder of a certificate issued by the commission, the commission
may:
  (1) deny to a person the opportunity to be examined
for a certificate;
  (2) deny the application for a certificate;
  (3) grant the application for a new certificate with
the condition that a probated suspension be placed on the newly granted
certificate;
  (4) refuse to renew a certificate;
  (5) suspend, revoke or probate the suspension or revocation
of an existing certificate; or
  (6) limit the terms or practice of a certificate holder
to areas prescribed by the commission.


Source Note: The provisions of this §403.3 adopted to be effective May 23, 1999, 24 TexReg 3860; amended to be effective March 8, 2001, 26 TexReg 2042; amended to be effective February 17, 2004, 29 TexReg 1412; amended to be effective November 28, 2007, 32 TexReg 8522; amended to be effective December 18, 2012, 37 TexReg 9782