A Texas life and health agent is convicted of a felony and begins serving a sentence of imprisonment. Under 28 TAC 1.502, what is the effect on the agent's license?
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Answer & full 3-part explanation (select an option above, or peek)
Why D is correct
Under 28 TAC 1.502(h) the department will revoke a license or authorization on the holder's imprisonment following a felony conviction, a felony community supervision revocation, a revocation of parole, or a revocation of mandatory supervision. The trigger is the imprisonment, not the conviction standing alone, and 1.502(i) adds that no person currently serving a prison sentence for a felony under any state or federal law is eligible to obtain a license or authorization. The matters in 1.502(d) and (f) -- whether the offense directly relates to the licensed occupation, or involves fraud, dishonesty or deceit -- guide the department's discretionary decision whether to refuse, revoke, suspend or refuse to renew, and are not a precondition to the mandatory revocation under (h).
Why the other options are wrong
- A) Nothing in 28 TAC 1.502 defers revocation until the sentence is finished; (h) ties it to the holder's imprisonment.
- B) A direct relationship between the offense and license duties is a factor under 1.502(d), but (h) requires revocation on imprisonment regardless of the offense.
- C) Fraud, dishonesty or deceit offenses are listed in 1.502(f) for the department's fitness analysis; they are not a condition on the (h) revocation trigger.
Memory hook
Revocation trigger is imprisonment, not the conviction itself.