Section 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;(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.Tex. Parks and Wild. § 12.604
Added by Acts 2013, 83rd Leg. - Regular Session, ch. 99,Sec. 3, eff. 9/1/2013.