Texas § 164.102 PERSONS INELIGIBLE FOR PROBATION.

Texas Statutes

§ 164.102 — PERSONS INELIGIBLE FOR PROBATION.

Texas § 164.102

Code OCOccupations Code

This text of Texas § 164.102 (PERSONS INELIGIBLE FOR PROBATION.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Occupations Code Code Ann. § 164.102 (2026).

Text

Sec. 164.102. PERSONS INELIGIBLE FOR PROBATION.

(a)The board may not grant probation to a physician who constitutes, through the practice of medicine, a continuing threat to the public welfare.

(b)Except on an express determination, based on substantial evidence, that granting probation is in the best interests of the public and of the person whose license has been suspended, revoked, or canceled, the board may not grant probation to a person whose license has been canceled, revoked, or suspended because of a felony conviction under:

(1)Chapter 481 or 483 , Health and Safety Code;

(2)Section 485.033 , Health and Safety Code;

(3)the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.); or

(4)any of the following sections of the Penal Code:

(A)Se

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Sec. 164.102. PERSONS INELIGIBLE FOR PROBATION. (a) The board may not grant probation to a physician who constitutes, through the practice of medicine, a continuing threat to the public welfare.
(b) Except on an express determination, based on substantial evidence, that granting probation is in the best interests of the public and of the person whose license has been suspended, revoked, or canceled, the board may not grant probation to a person whose license has been canceled, revoked, or suspended because of a felony conviction under:
(1) Chapter 481 or 483 , Health and Safety Code;
(2) Section 485.033 , Health and Safety Code;
(3) the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.); or
(4) any of the following sections of the Penal Code:
(A) Section 22.011 (a)(2) (sexual assault of a child);
(B) Section 22.021 (a)(1)(B) (aggravated sexual assault of a child);
(C) Section 21.02 (continuous sexual abuse of young child or disabled individual); or
(D) Section 21.11 (indecency with a child).

Legislative History

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 883 (S.B. 263 ), Sec. 3, eff. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375 ), Sec. 2.24, eff. September 1, 2021.