Criminal History Background Checks for all TCEQ Licenses Deric Patton, Team Leader Licensing Team Occupational Licensing Section Permitting and Registration Support (PRS) Division

Overview Background Application Review Process Executive Review Committee Criminal History Review Considerations Criminal History Evaluations Criminal History Review Statistics Frequently Asked Questions

Background Occupational Licensing (OL) began conducting criminal history reviews (CHR) for both new and renewal applications on 8/20/2012. Our process, defined by statute, has two goals: protect the public health; and ensure public safety.

Application Review Process During application review, OL searches Department of Public Safety (DPS) criminal history records Certain convictions are elevated to the Executive Review Committee (ERC) for criminal history review

Executive Review Committee ERC typically consists of PRS Director OL Section Manager Special Assistant OL Team Lead TCEQ environmental law attorney Some ERC decisions require approval by executive management

What is considered in a CHR? License risk level Criminal history of applicant

License Risk Level License risk categorized into three levels High Medium Low Risk levels based on potential contact with the public

Licenses by risk level High Risk Medium Risk Low Risk Backflow Prevention Assembly Tester Customer Service Inspector Landscape Irrigator On-Site Sewage Facility Water Treatment Specialist Medium Risk Leaking Petroleum Storage Tank Underground Storage Tank Low Risk Municipal Solid Waste Water Wastewater Who decided these categories and how?

Applicant Criminal History Considerations Type of offense An offense listed in Code of Criminal Procedures (CCP) Chapter 42.12 e.g., murder, indecency with a child, aggravated robbery, aggravated kidnapping An offense listed in CCP Chapter 62.001 e.g., sexual assault Time elapsed since last crime The TCEQ is not concerned with driving violations or drug possession charges.

Applicant Criminal History Considerations How the offense relates to the license and provides opportunity to reoffend Directly relates to the duties and responsibilities of the licensed occupation e.g., fraud or theft connected to a business Does not directly relate to the license but was committed less than five years before the date of application Criminal behavioral patterns The TCEQ is not concerned with driving violations or drug possession charges.

Outcome of ERC Review Decision’s include: Approve More information needed Deny Suspend Revoke Applicant may request an alternative resolution or a hearing for denials, suspensions, or revocations

Another Option: Criminal History Evaluation Appropriate for potential applicants who meet the following conditions: Do not have a TCEQ license Concerned about criminal history Seriously intending to apply for a new license Potential applicants may ask for an evaluation prior to submitting license application Can help determine whether applicant would pass a CHR prior to spending time and money on pursuing a license Currently no cost However, not to be used as an employee screening tool Reference criminal history considerations.

Current Stats From August 2012 to August 2016: DPS records checked: 91,842 Number referred to ERC: 6,201 (6.8%) Number referred for denial or revocation: 50 (0.1%) Add percentages

Frequently Asked Questions Why can’t you tell me exactly what is missing from my submitted criminal history? We are prohibited by law from discussing confidential records.

Frequently Asked Questions Why can’t my Concealed Handgun License/License to Carry (CHL/LTC) count for my background check? TCEQ has different review criteria than used to obtain a CHL/LTC.

Frequently Asked Questions My city/company does a background check at the point of hire. Why isn’t that acceptable? The statute requires the TCEQ to conduct this review. TCEQ is focused on specific criteria which includes the risk level of the license.

Frequently Asked Questions Do you really need my complete criminal history from the dawn of time? Yes, all convictions must be considered.

Occupational Licensing Website https://www.tceq.texas.gov/licensing

QUESTIONS? Deric Patton, OL Team Lead Occupational Licensing Section 512-239-6396 Deric.Patton@tceq.texas.gov