(a) The following crimes are considered to relate directly to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of persons certified by the commission:
  (1) offenses under the Government Code, Chapter 419, relating to the Texas Commission on Fire Protection;
  (2) offenses under the Texas Transportation Code Title 6 Roadways, which are punishable by fines greater than $200, or imprisonment, or both fine and imprisonment;
  (3) offenses under the Health and Safety Code, Chapter 481, concerning controlled substances;
  (4) offenses under the Health and Safety Code, Chapter 483, concerning dangerous drugs;
  (5) offenses under the following titles of the Texas Penal Code:
    (A) Title 5--offenses against the person;
    (B) Title 6--offenses against the family;
    (C) Title 7--offenses against property;
    (D) Title 8--offenses against public administration;
    (E) Title 9--offenses against public order and decency;
    (F) Title 10--offenses against public health, safety and morals;
    (G) Title 11--offenses involving organized crime; and
    (H) Title 4--inchoate offenses Chapter 15 preparatory offenses to any of the offenses in this section;
  (6) the offenses listed in this subsection are not inclusive, in that the commission may consider other particular crimes in special cases in order to promote the intent of the statutes administered by the commission.
(b) In all cases the commission shall consider:
  (1) the nature and seriousness of the crime;
  (2) the relationship of the crime to the purposes for requiring the certificate issued by the commission;
  (3) the extent to which the certificate might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;
  (4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the certificate holder;
  (5) the level and nature of supervision of the person by others; and
  (6) the level and nature of access to public, commercial, and residential properties, including access after regular business hours and access to areas not open to the general public.

Source Note: The provisions of this §403.7 adopted to be effective May 23, 1999, 24 TexReg 3860