CONSIDERATIONS FOR ISSUANCE OR RENEWAL OF PERMIT; APPLICANT WITH PRIOR PENALTIES OR CONVICTIONS

Sec. 12.604. CONSIDERATIONS FOR ISSUANCE OR RENEWAL OF PERMIT; APPLICANT WITH PRIOR PENALTIES OR CONVICTIONS. (a) This section applies only to a determination of whether to issue a permit to or renew a permit for an applicant who has a final conviction or has been assessed an administrative penalty for a violation of: (1) Subchapter C, E, L, R, or R-1, Chapter 43 ; (2) a provision of this code not described by Subdivision (1) that is punishable as a Class A or B Parks and Wildlife Code misdemeanor, a Parks and Wildlife Code state jail felony, or a Parks and Wildlife Code felony; (3) Section 63.002 ; or (4) the Lacey Act (16 U.S.C. Sections 3371-3378). (b) In determining whether to issue a permit to or renew a permit for an applicant who has a final conviction or has been assessed an administrative penalty, the department shall consider: (1) the number of final convictions or administrative penalties; (2) the seriousness of the conduct on which the final conviction or administrative penalty is based; (3) 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); (4) the length of time between the most recent final conviction or administrative penalty and the permit application; (5) whether the final conviction, administrative penalty, or other offense or violation was the result of negligence or intentional conduct; (6) whether the final conviction or administrative penalty resulted from conduct committed or omitted by the applicant, an agent of the applicant, or both; (7) the accuracy of the permit history information provided by the applicant; (8) for a renewal, whether the applicant agreed to any special provisions recommended by the department as conditions to the expiring permit; and (9) other mitigating factors. Added by Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820 ), Sec. 3, eff. September 1, 2013.