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Current as of January 01, 2024 | Updated by Findlaw Staff
(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 1;
(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.
Cite this article: FindLaw.com - Texas Parks and Wildlife Code - PARKS & WILD § 12.604. Considerations for Issuance or Renewal of Permit; Applicant with Prior Penalties or Convictions - last updated January 01, 2024 | https://codes.findlaw.com/tx/parks-and-wildlife-code/parks-wild-sect-12-604/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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