(a) Criminal conduct. The department may refuse to issue or renew a license or permit to any person who has been finally convicted of or assessed an administrative penalty for a violation of:

(1) Parks and Wildlife Code, Chapter 43, Subchapter C, E, G, L, R, or R-1;

(2) a provision of the Parks and Wildlife Code not described by paragraph (1) of this subsection that is a Parks and Wildlife Code: (A) Class A or B misdemeanor; (B) state jail felony; or (C) felony;

(3) Parks and Wildlife Code, §63.002;

(4) Penal Code, §37.10 or §42.092;

(5) the Lacey Act (16 U.S.C. §§3371-3378);

(6) the Airborne Hunting Act (16 U.S.C. §742j-1); or

(7) any statutory or regulatory provision not described in this subsection involving conduct or behavior regulated by the permit or license the applicant seeks to obtain or renew. In determining whether a criminal conviction directly relates to the duties and responsibilities required under a permit or license sought by an applicant, the department shall consider each of the following factors: (A) the relationship of the crime to the purposes for which a license or permit listed in §56.7 of this title is required; (B) the extent to which the issuance of a license or permit might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; (C) the relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities under the license or permit being sought; and (D) any correlation between the elements of the crime and the duties and responsibilities of the license or permit being sought.

(b) Administrative compliance. The department may refuse to issue or renew a permit or license listed in §56.7 of this title (relating to Permits and Licenses Affected) if an applicant fails to submit in a timely manner any of the following:

(1) a completed application, including all application materials required by the department;

(2) the required fee;

(3) accurate required reports or notifications; or

(4) any additional information or material the department determines necessary to process the application.

(c) Outstanding liability to the department. The department may refuse to issue or renew a permit or license listed in §56.7 of this title, as applicable, if the applicant is liable to the state for fees or payment of penalties imposed pursuant to the Parks and Wildlife Code or commission rule, including liability under Parks and Wildlife Code, §12.301.

(d) Criteria for determination.

(1) If the department determines that a criminal conviction directly relates to the duties and responsibilities required under a permit or license, the department shall consider the following in determining whether to take an action authorized under this subchapter: (A) the extent and nature of the person's past criminal activity with respect to the factors identified in this section; (B) the age of the person when the crime was committed; (C) the amount of time that has elapsed since the person's last criminal activity involving factors identified in this section; (D) the conduct and work activity of the person before and after the criminal activity; (E) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release; (F) evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision; (G) other evidence of the person's fitness, including letters of recommendation; and (H) other adverse or mitigating factors, including but not limited to: (i) the number of final convictions or administrative penalties; (ii) the seriousness of the conduct on which the final conviction or administrative penalty is based; (iii) the existence, number, and seriousness of offenses or violations other than offenses or violations that resulted in a final conviction or administrative penalty described by subsection (a) of this section; (iv) the length of time between the most recent final conviction or administrative penalty and the permit application; (v) whether the final conviction, administrative penalty, or other offense or violation was the result of negligence or intentional conduct; (vi) whether the final conviction or administrative penalty resulted from conduct committed or omitted by the applicant, an agent of the applicant, or both; (vii) the accuracy of the permit history information provided by the applicant; (viii) for a renewal, whether the applicant agreed to any special provisions recommended by the department as conditions to the expiring permit.

(2) A determination under this section is not permanent and the department shall consider the factors listed in this subsection in subsequent applications.

Source Note: The provisions of this §56.2 adopted to be effective November 21, 2022, 47 TexReg 7737