§ 2051.105 — DENIAL OF APPLICATION.

Texas § 2051.105

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

Sec. 2051.105. DENIAL OF APPLICATION. (a) The secretary of state shall deny an application for registration if the applicant has been convicted of:
(1) a felony; or
(2) a misdemeanor involving moral turpitude.
(b) The secretary of state may deny an application for registration if the secretary of state determines the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the secretary of state may consider whether the applicant has:
(1) made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;
(2) engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
(3) engaged in conduct prohibited by Section 2051.351 ;
(4) had a registration or licensure as an athlete agent denied, suspended, or revoked;
(5) been denied renewal of registration or licensure as an athlete agent in any state;
(6) engaged in conduct that resulted in the imposition on an athlete or educational institution of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event; or
(7) engaged in conduct that adversely reflects on the applicant's credibility, honesty, or integrity.
(c) In making a determination under Subsection (b), the secretary of state shall consider:
(1) how recently the conduct occurred;
(2) the nature of the conduct and the context in which it occurred; and
(3) any other relevant conduct of the applicant.
(d) Judicial review of a denial of an application for registration under Subsection (a) or (b) is by trial de novo and is subject to Section 2001.173 , Government Code.

Legislative History

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 821, Sec. 6, eff. Sept. 1, 2003.