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

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

3. 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.

4. 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

5. 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

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

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

8. 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?

9. 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
e.g., sexual assault
Time elapsed since last crime
The TCEQ is not concerned with driving violations or drug possession charges.

10. 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.

11. 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

12. 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.

13. 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

14. 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.

15. 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.

16. 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.

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

18. Occupational Licensing Website

19. QUESTIONS? Deric Patton, OL Team Lead Occupational Licensing Section