(a) The commission may consider probating a suspension term or issue a written reprimand based on proof of the following mitigating factors:
  (1) the licensee's history of compliance with the terms of court-ordered community supervision;
  (2) the licensee's post-arrest continuing rehabilitative efforts not required by the terms of community supervision;
  (3) the licensee's post-arrest employment record; and
  (4) the type and amount of any post-arrest, non-court ordered restitution made by the licensee.
(b) The commission may impose reasonable terms of probation, including:
  (1) continued employment requirements;
  (2) special reporting conditions;
  (3) special document submission conditions;
  (4) voluntary duty requirements; or
  (5) any other reasonable term of probation.
(c) A probated or suspended license remains as such until:
  (1) the term of suspension has expired;
  (2) all other terms of probation have been fulfilled; and
  (3) a written request for reinstatement has been received and accepted by the commission from the licensee unless the probation has been revoked by the commission for violation of probation; or
  (4) revoked.
(d) A suspended license remains suspended until:
  (1) the term of suspension has expired and the term of court-ordered community supervision has been completed; and
  (2) a written request for reinstatement has been received from the licensee and accepted by the commission; or
  (3) the remainder of the suspension is probated and the license is reinstated.
(e) The effective date of this section is February 1, 2016.

Source Note: The provisions of this §223.16 adopted to be effective February 1, 2016, 41 TexReg 281