Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 23 - VEHICLE INSPECTION › Subchapter A - VEHICLE INSPECTION STATION AND VEHICLE INSPECTOR CERTIFICATION › Section 23.5 - Vehicle Inspection Station and Vehicle Inspector Disqualifying Criminal Offenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Vehicle
				  inspection stations and vehicle inspectors are entrusted with ensuring the
				  safety and fitness of vehicles traveling on the roads of Texas. Vehicle
				  inspection stations and vehicle inspectors have constant access to and are
				  responsible for the lawful disposition of government documents. For these
				  reasons, the department has determined that the offenses contained within this
				  section relate directly to the duties and responsibilities of vehicle
				  inspection stations and vehicle inspectors certified under Texas Transportation
				  Code, Chapter 548. The types of offenses listed in this section are general
				  categories that include all specific offenses within the corresponding chapter
				  of the Texas Penal Code and any such offenses regardless of the code in which
				  they appear.
(b) The offenses
				  listed in paragraphs (1) - (9) of this subsection are intended to provide
				  guidance only, and are not exhaustive of either the types of offenses that may
				  relate to vehicle inspections or the operation of a vehicle inspection station
				  or those that are independently disqualifying under Texas Occupations Code,
				  §
										53.021(a)(2) -
				  (4). The disqualifying offenses also include
				  those crimes under the laws of another state or the United States, if the
				  offense contains elements that are substantially similar to the elements of a
				  disqualifying offense under the laws of this state. Such offenses also include
				  the "aggravated" or otherwise heightened versions of the offenses listed in
				  paragraphs (1) - (9) of this subsection. In addition, after due consideration
				  of the circumstances of the criminal act and its relationship to the position
				  of trust involved in vehicle inspections or the operation of a vehicle
				  inspection station, the department may find that a conviction not described in
				  this section also renders a person unfit to hold a certificate as a vehicle
				  inspector or vehicle inspection station owner. In particular, an offense that
				  is committed in one's capacity as a vehicle inspection station owner or vehicle
				  inspector, or an offense that is facilitated by licensure as an owner or
				  inspector, will be considered related to the occupation and will render the
				  person unfit to hold the certification.
(1)
				  Arson, Criminal Mischief, and Other Property Damage or Destruction (Texas Penal
				  Code, Chapter 28).
(2) Robbery
				  (Texas Penal Code, Chapter 29).
(3)
				  Burglary and Criminal Trespass (Texas Penal Code, Chapter 30).
(4) Theft (Texas Penal Code, Chapter
				  31).
(5) Fraud (Texas Penal Code,
				  Chapter 32).
(6) Bribery and
				  Corrupt Influence (Texas Penal Code, Chapter 36).
(7) Perjury and Other Falsification (Texas
				  Penal Code, Chapter 37).
(8)
				  Criminal Homicide (Texas Penal Code, Chapter 19).
(9) Driving Related Intoxication Offenses
				  (Texas Penal Code, Chapter 49).