Tex. Occ. Code Section 51.4012
License Eligibility Requirements Regarding Applicant’s Background; Determination Letter

(a)

Notwithstanding any other law, the commission may determine that a person is not eligible for a license based on the person’s criminal history.

(b)

Before applying for a license from the department, a person may request that the department issue a letter determining whether the person would be eligible for a license under Subsection (a) of this section, Section 51.356 (Deferred Adjudication; License Suspension, License Revocation, or Denial or Refusal to Renew License), or Chapter 53 (Consequences of Criminal Conviction). To obtain a determination letter, a person must file a request on a form prescribed by the department and pay the required fee.

(c)

Not later than the 30th day after the date the department makes its determination, the department shall issue the determination letter to the person.

(d)

The department has the same powers to investigate a request filed under this section as the department has to investigate a person applying for a license.

(e)

A determination letter issued under this section that is adverse to a person does not prevent the person from subsequently applying for a license.

(f)

The department is not bound by its determination that the person would be eligible if, after the issuance of the determination letter, the department determines there has been a change in a person’s circumstances or discovers a previously undiscovered fact.

(g)

A determination under this section is not a contested case under Chapter 2001 (Administrative Procedure), Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 10, eff. May 1, 2010.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.11, eff. September 1, 2021.

Source: Section 51.4012 — License Eligibility Requirements Regarding Applicant's Background; Determination Letter, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­51.­htm#51.­4012 (accessed Apr. 29, 2024).

51.001
Definitions 51.002
Application of Sunset Act 51.003
Applicability 51.051
Texas Department of Licensing and Regulation 51.052
Appointment of Commission 51.053
Commission Membership 51.054
Training 51.055
Terms 51.056
Presiding Officer 51.057
Grounds for Removal 51.058
Compensation 51.059
Meetings 51.060
Civil Liability 51.101
Executive Director 51.103
Executive Director Powers and Duties 51.104
Personnel 51.105
Division of Responsibilities 51.106
Information on Standards of Conduct 51.107
Career Ladder Program 51.108
Equal Employment Opportunity Policy 51.201
General Powers and Duties of Commission 51.202
Fees 51.203
Rules Regarding Programs Regulated by Department 51.204
Rules Restricting Advertising or Competitive Bidding 51.207
Use of Technology 51.208
Negotiated Rulemaking and Alternative Dispute Resolution Procedures 51.209
Advisory Boards 51.210
Method of Making Payments 51.211
Risk-based Inspections 51.251
Public Interest Information 51.252
Complaints 51.253
Public Participation 51.254
Confidentiality of Complaint and Disciplinary Information 51.255
Statistical Analysis of Complaints 51.301
Imposition of Penalty 51.302
Amount of Penalty 51.303
Notice of Violation and Penalty 51.304
Penalty to Be Paid or Hearing Requested 51.305
Hearing on Recommendations 51.306
Decision by Commission 51.307
Options Following Decision: Pay or Appeal 51.308
Collection of Penalty 51.309
Remittance of Penalty and Interest 51.310
Administrative Procedure 51.351
Inspections and Investigations 51.352
Injunctive Relief 51.353
License Denial 51.354
Right to Hearing 51.355
License Eligibility of Person Whose License Has Been Revoked 51.356
Deferred Adjudication 51.357
Restricted Licenses for Certain Occupations 51.358
Restricted License Term 51.359
Refund 51.401
License Expiration and Renewal 51.402
Examinations 51.403
Examination Fee Refund 51.405
Continuing Education 51.406
Staggered Renewal of Licenses 51.407
Temporary License 51.408
Emergency License 51.409
Financial Disclosure Statement 51.451
Definition 51.452
Telephone Information System 51.501
Telehealth 51.0535
Conflict of Interest 51.2031
Rules Regarding Health-related Programs 51.2032
Rules Regarding Podiatry 51.2095
Interdisciplinary Advisory Boards 51.2521
Complaint Investigation 51.3025
Imposition of Sanction 51.3511
Issuance of Emergency Orders 51.3512
Subpoenas 51.3513
Cease and Desist Order 51.4011
Inactive Status 51.4012
License Eligibility Requirements Regarding Applicant’s Background 51.4013
License Eligibility Requirements for Applicants with Military Experience 51.4014
License Application from Inmate 51.4041
Alternative Qualifications for License
Green check means up to date. Up to date

Accessed:
Apr. 29, 2024

§ 51.4012’s source at texas​.gov