(a) The TBPG will adhere to the provisions of Texas Occupation Code (TOC) Chapter 53 regarding the review of criminal convictions and certain deferred adjudications in regard to actions taken against an Applicant for a license or a license holder as a consequence of criminal conviction or certain deferred adjudications, as specified in TOC Chapter 53.
(b) Crimes directly related to the duties and responsibilities of a Professional Geoscientist include any crime that reflects a lack of fitness for professional licensure or a disregard of the standards commonly upheld for the practice of professional geoscience, such as the following:
  (1) Criminal negligence;
  (2) Soliciting, offering, giving, or receiving any form of bribe;
  (3) The unauthorized use of property, funds, or proprietary information belonging to a client or employer;
  (4) Acts relating to the malicious acquisition, use, or dissemination of confidential information related to geoscience; and
  (5) Any intentional violation as an individual or as a consenting person of any provision of the Act.
(c) Any license holder whose license has been revoked under the provisions of TOC 53 due to incarceration may apply for a new license upon release from incarceration.

Source Note: The provisions of this §851.108 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective January 1, 2012, 36 TexReg 8826; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective March 6, 2022, 47 TexReg 947