Except on express determination based on substantial evidence contained in an investigative report indicating that reinstatement or reissuance of the license is in the best interest of the public and of the person whose license has been suspended or revoked, the board may not reinstate or reissue a license to a person who license has been suspended or revoked because of a felony conviction under:
  (1) Chapter 481 or 483, Health and Safety Code relating to dangerous drugs and controlled substances;
  (2) Section 485.033, Health and Safety Code relating to inhalant paraphernalia; or
  (3) the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. §§801 et seq.) which is a federal law relating to controlled substances; and
  (4) any of the following sections of the Penal Code:
    (A) Section 22.011(a)(2) (sexual assault of a child);
    (B) Section 22.021(a)(1)(B) (aggravated sexual assault of a child);
    (C) Section 21.02 (continuous sexual abuse of a young child or children); or
    (D) Section 21.11 (indecency with a child).

Source Note: The provisions of this §167.8 adopted to be effective October 17, 2001, 26 TexReg 8069; amended to be effective March 16, 2008, 33 TexReg 2024; amended to be effective December 4, 2011, 36 TexReg 8029