Criminal History Background Checks for all TCEQ Licenses

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 • All applications (new and renewal) must submit a criminal history attestation form

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 • • • 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

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

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

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

Another Option: Criminal History Evaluation • Currently no cost • However, not to be used as an employee screening tool • Go to the TCEQ Occupational Licensing web page • Select “New Licenses” • Select Evaluation of criminal conviction history Under “Submit your Criminal History Status” section • Email to Licenses@tceq. texas. gov • Subject “Criminal History Evaluation”

Evaluation Recommendations Over Time 70 Number of Recommendations 63 60 52 50 41 38 40 Denial Eligible 30 20 15 12 10 9 6 5 1 1 0 2012 2013 2014 2015 2016 2017 2018

Current Stats From August 2012 to August 2017: DPS records checked: 117, 935 Number referred to ERC: 7, 835 (6. 6%) Number referred for denial or revocation: 110 (0. 1%)

ERC Recommendations Over Time Number of Recommendations 10000 2046 1000 2979 2171 1507 905 413 206 100 38 10 1 10 9 4 5 5 6 9 23 15 3 1 2012 2013 2014 2015 2016 2017 2018 Denial Eligible Revocation

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

Occupational Licensing Website More Info https: //www. tceq. texas. gov/licensing • licenses@tceq. texas. gov • 512 -239 -6133

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