Abana Anthony Larry Revocation Order

329-25-11440.REC 251405 SOAH Docket No. _______ ______/ TREC Hearing No . _______________ _ Texas Real Estate Commiss ion § Before the Texas Real (“Commission”) or (“Petitioner ”) § Estate Commission § v. § § Anthony Larry Abana (“Re spondent”) § Texas Real Estate Sales Agent § Sitting in Austin, License No. 639579 § Travis County, Texas Final Order The Commission consid ered the above case on August 11, 2025. After proper not ice was given, the case was heard at t he State Office of Administrative Hearings (“SOAH”) by an Administrative Law Judge (“ALJ”) on April 24, 2025. On June 10, 2025, the ALJ filed a Proposal for Decision (“PFD”) containing Findings of Fact and Conclusio ns of Law. The PFD was properly served on e ach party and each pa rty was given an opportunity to file exceptions and replies as part of the administrative record. The Commission, after review and consideration of the PFD, attached as Exhibit A, adopts the Findings of Fact and Con clusions of Law of the ALJ contained in the PFD a nd incorporates those findings and conclusions into t his Final Order as if these were fully set out and separately stated in this Final Order. All proposed Findings of Fact and Conclusions of Law submitted by any party that ar e not specifically adopted in thi s Final Order are denied. IT IS THEREFORE O RDERED by t he Commission that Anthony Larry Abana is assessed an administrative penalty of $500, which is due not later than the 30 th day after the date the order becomes final. IT IS FURTHER O RDERED by the Commission that the Texas Real Est ate sales agent license of Anthony Larry Abana i s revoked, effective Sept ember 6, 2025. If enforcement of this Final Order is restrained or enjoined by court order, this Final Order is effective upon a final d etermination b y the court or an appella te court in favor of the Commission. Date Issued:_________ ______________ ___ ____ ____ ____ ____ ____ ____ ____ The P r e s i din g M em b e r o f t he Tex as Rea l E st a t e Co mm i ssio n 8/11/2025 8/11/25 State Office of Administrative Hearings Kristofer S. Monson Chief Administrative Law Judge P.O. Box 13025 Austin, Texas 78711-3025 | 300 W. 15th Street Austin, Texas 78701 Phone: 512-475-4993 | www.soah.texas.gov June 10, 2025 To the Parties VIA EFILE TEXAS RE: SOAH Docket Number 329-25-11440.REC; Texas Real Estate Commission-Texas Appraiser Licensing and Certification Board No. 251405; Texas Real Estate Commission v. Anthony Larry Abana Dear Parties: Please find attached a Proposal for Decision in this case. Exceptions and replies may be filed by any party in accordance with 1 Texas Administrative Code section 155.507(b), a SOAH rule which may be found at www.soah.texas.gov . CC: Service List STATE OFFICE OF ADMINISTRATIVE HEARINGS RECEIVED ON 6/10/2025 2:24 PM ACCEPTED 329-25-11440 6/10/2025 2:45:27 pm STATE OFFICE OF ADMINISTRATIVE HEARINGS Matilda Salas, CLERK FILED 329-25-11440 6/10/2025 2:24 PM STATE OFFICE OF ADMINISTRATIVE HEARINGS Matilda Salas, CLERK A SOAH Docket No. 329-25-11440 Suffix: REC Before the State Office of Administrative Hearings TEXAS REAL ESTATE COMMISSION, P ETITIONER v. ANTHONY LARRY ABANA, R ESPONDENT P R O P O S A L F O R D E C I S I O N Anthony Larry Abana (Respondent) holds a real estate sales agent license issued by the Texas Real Estate Commission (Commission). Commission staff (Staff) seeks disciplinary action against Respondent based on his plea of guilty to a felony offense and his failure to notify the Commission within 30 days. Having considered the evidence in the context of applicable law, the Administrative Law Judge (ALJ) recommends a $500 administrative penalty and revocation of Respondent’s license. 2 Proposal for Decision, SOAH Docket No. 329-25-11440, Referring Agency No. 251405 I. N OTICE , J URISDICTION , AND P ROCEDURAL H ISTORY No party contested notice or jurisdiction, and those matters are addressed solely in the findings of fact and conclusions of law. On April 24, 2025, ALJ Ross Henderson of the State Office of Administrative Hearings (SOAH) convened a hearing on the merits via Zoom videoconference. Staff appeared and was represented by attorney Cary Bruner. Respondent appeared and represented himself. The record closed May 9, 2025, after the deadline for filing of the final closing briefs. II. A PPLICABLE L AW Pursuant to the Real Estate License Act, 1 a person acting as a real estate sales agent is required to hold a license issued by the Commission. 2 The Commission may suspend or revoke a license if the license holder: (1) enters a plea of guilty or is convicted of a felony, without regard to an order granting community supervision that suspends the imposition of the sentence; 3 or (2) fails to notify the Commission the person has entered a plea of guilty to a felony within 30 days of entering the plea. 4 Chapter 53 of the Texas Occupations Code (Code) provides the general framework for licensing agencies to use in evaluating a licensee’s criminal history. Under Code section 53.021, the Commission may suspend or revoke the license of a 1 Tex. Occ. Code ch. 1101. 2 Tex. Occ. Code § 1101.351. 3 Tex. Occ. Code § 1101.652(a)(1). 4 Tex. Occ. Code § 1101.652(a)(7). 3 Proposal for Decision, SOAH Docket No. 329-25-11440, Referring Agency No. 251405 person who has been convicted of an offense that directly relates to the duties and responsibilities of the licensed occupation. 5 For purposes of Code chapter 53, the Commission has determined by rule that a felony conviction involving an offense against the person directly relates to the duties and responsibilities of a real estate sales agent because commission of such an offense tends to demonstrate the person’s inability to represent the interest of another with honesty, trustworthiness, and integrity. 6 The Commission may consider a deferred adjudication to be a conviction for licensing purposes if the person: (1) was charged with an offense that directly relates to the duties and responsibilities of the licensed occupation; and (2) has not completed the period of supervision. 7 Before deeming a deferred adjudication to be a conviction, the Commission must consider the factors in Code sections 53.022 and 53.023 and determine that the person may pose a continued threat to public safety, or that employment of the person in the licensed occupation would create a situation in which the person has an opportunity to repeat the prohibited conduct. 8 5 Tex. Occ. Code § 53.021(a)(1). The factors considered in determining whether an offense is directly related to an occupations are: (1) the nature and seriousness of the crime; (2) the relationship of the crime to the purposes for requiring a license to engage in the occupation; (3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; (4) the relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities of the licensed occupation; and (5) any correlation between the elements of the crime and the duties and responsibilities of the licensed occupation. Tex. Occ. Code § 53.022. 6 22 Tex. Admin. Code § 541.1(a)(5); see Tex. Occ. Code § 53.025(a). 7 Tex. Occ. Code § 53.021(d)(1)(B). 8 Tex. Occ. Code § 53.021(d)(2). 4 Proposal for Decision, SOAH Docket No. 329-25-11440, Referring Agency No. 251405 If the Commission determines that a criminal conviction directly relates to the duties and responsibilities of a licensed occupation, the Commission shall consider the following factors in determining a person’s present fitness for a license: • the extent and nature of the person’s past criminal activity; • the person’s age when the crime was committed; • the amount of time that has elapsed since the person’s last criminal activity; • the conduct and work activity of the person before and after the criminal activity; • evidence of the person’s rehabilitation or rehabilitative effort while incarcerated or after release; • evidence of the person’s compliance with any conditions of community supervision, parole, or mandatory supervision; and • other evidence of the person’s fitness, including letters of recommendation. 9 A licen se holder has the responsibility, to the extent possible, to obtain and provide to the Commission the recommendation letters referenced above. 10 The Commission may also assess an administrative penalty against a person who violates the Real Estate License Act or a Commission rule. 11 The amount of the penalty may not exceed $5,000 for each violation. 12 In determining the amount of the 9 Tex. Occ. Code § 53.023(a); 22 Tex. Admin. Code § 541.1(d). 10 Tex. Occ. Code § 53.023(b). 11 Tex. Occ. Code § 1101.701. 12 Tex. Occ. Code § 1101.702(a). 5 Proposal for Decision, SOAH Docket No. 329-25-11440, Referring Agency No. 251405 penalty, the Commission shall consider: (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited acts; (2) the history of previous violations; (3) the amount necessary to deter future violation; (4) efforts to correct the violation; and (5) any other matter that justice may require. 13 Taking those factors into consideration, the Commission has adopted a schedule of graduated administrative penalties. 14 The penalty schedule consists of three lists, with penalty ranges for the violations contained in each list. 15 The relevant alleged Code violation appears on the second list, with an administrative penalty range of $500 to $3,000 per violation. 16 In this proceeding, Staff has the burden of proving its basis for taking disciplinary action against Respondent’s license, while Respondent has the burden to prove that he is fit to be licensed despite his criminal history. 17 The standard of proof is by a preponderance of the evidence. 18 III. E VIDENCE Staff had 13 exhibits admitted and presented the testimony of Mike Molloy. Respondent had one exhibit admitted and testified on his own behalf. 13 Tex. Occ. Code § 1101.702(b). 14 22 Tex. Admin. Code § 535.191. 15 22 Tex. Admin. Code § 535.191(c)-(e). 16 22 Tex. Admin. Code § 535.191(d)(1). 17 Tex. Occ. Code § 53.023(a)-(b); 1 Tex. Admin. Code § 155.427. 18 See Granek v. Texas St. Bd. of Med. Examn’rs , 172 S.W.3d 761, 777 (Tex. App.—Austin 2005, no pet). 6 Proposal for Decision, SOAH Docket No. 329-25-11440, Referring Agency No. 251405 A. U NCONTESTED BACKGROUND FACTS Respondent is a licensed Texas real estate sales agent who at all times relevant to this proceeding held a Texas real estate sales agent license. Respondent was first licensed as a real estate sales agent on March 31, 2014. On July 22, 2024, in Case No. 1877659 in the 486th District Court in Harris County, Texas, Respondent pleaded guilty to the 2nd Degree Felony Offense of Aggravated Assault—Family Member. The Court deferred adjudication of guilt and placed Respondent on community supervision for six years. The offense occurred on March 4, 2022. 19 B. R ESPONDENT ’ S T ESTIMONY Respondent’s real estate sales agent license is currently inactive. He was not aware that he could keep working as a realtor while this case was pending. Regarding the offense, he denied the description in the charging instrument was accurate. He said after a date with his ex-girlfriend (Complainant), he walked in from another room to find his sister (Sister) and Complainant in a physical altercation over money. He said he separated them by pushing Complainant away from Sister. He testified that Complainant became angry that he had sided with Sister and began slapping him. He said he pushed Complainant away, and that he never hit or strangled her as was alleged in the criminal complaint. Respondent did not want to discuss any of the other charges that were dropped. He said all of the charges were lies concocted by Complainant because he had been loyal to Sister instead of Complainant. 19 Staff Ex. 6. 7 Proposal for Decision, SOAH Docket No. 329-25-11440, Referring Agency No. 251405 Respondent insists that this incident should not reflect on his professional standing because he has never had any complaints at work and the incident was not work-related. Respondent acknowledged he had seen the requirement to disclose criminal behavior in some of his training. According to Respondent, the reason he did not disclose this offense within 30 days was that he did not understand what the judge had told him. The judge said the deferred adjudication would not be on his record as long as he stayed out of trouble. He turned over documents as soon as the Commission asked about the offense. Regarding the mitigating and aggravating factors: Respondent is currently 39 years old; he is employed, but not as an active realtor; he is in compliance with the terms of his probation and believes he will be discharged some time in 2026 (earlier than the scheduled 2030 date); he has no prior criminal history or complaints at the Commission; and he provided six letters of recommendation. Regarding the letters, Respondent denied that he wrote any of them and offered to provide email chains to prove their authenticity. He admitted one of the letter authors is his brother, but he said he believed this was appropriate since they have worked together in a professional capacity in the oil and gas profession. C. M R . M OLLOY ’ S T ESTIMONY Mr. Molloy is the Commission’s Director of the Enforcement Division and has worked at the Commission for 16 years. He testified generally about Respondent’ 8 Proposal for Decision, SOAH Docket No. 329-25-11440, Referring Agency No. 251405 criminal plea and the terms of his deferred adjudication. Mr. Molloy opined that, because Respondent is still under community supervision, Respondent poses a continued threat to public safety and his employment and license occupation would create a situation where Respondent has an opportunity to repeat the prohibited conduct. He elaborated that that the real estate profession can involve emotionally charged situations that call for self-restraint. Mr. Molloy said that Respondent has exhibited physical violence against a family member and expressed concern that, if provoked, there is no assurance that Respondent would not behave similarly in a professional environmental. Mr. Molloy testified that Respondent’s criminal history consists of one felony offense from 2022, for which he was placed on six years of community supervision in 2024. Respondent is not scheduled to complete supervision until 2030. Respondent was 36 years old at the time of the offense. Approximately three years have passed since the offense. No rehabilitative efforts were presented. Respondent is in compliance with the conditions of his community supervision. Mr. Molloy had doubts about Respondent’s letters of recommendation and questioned the letters’ authenticity. Additionally, he noted that only two of the letters are signed and the letters generally do not address Respondent’s criminal history. Mr. Molloy testified that Respondent did not disclose his offense within 30 days of his plea on July 27, 2024, as required by Commission rules. He said Respondent did so after December 6, 2024, once prompted by the Commission. Even then, he says Respondent’s explanation was “bare-bones,” calling into question Respondent’s honesty, trustworthiness, and integrity. 9 Proposal for Decision, SOAH Docket No. 329-25-11440, Referring Agency No. 251405 According to Mr. Molloy, Respondent’s failure to notify the Commission of the offense is a violation for which the Commission may impose an administrative penalty. He stated that this is a second-tier violation with a penalty range of $500 to $3,000. Mr. Molloy recommended an administrative penalty of $3,000 for the failure to notify and revocation of Respondent’s license for his criminal history. IV. A NALYSIS AND R ECOMMENDATION A. F AILURE TO N OTIFY THE C OMMISSION OF G UILTY P LEA Respondent does not dispute that he failed to notify the Commission of his guilty plea within 30 days, as required. Therefore, Staff proved by a preponderance of the evidence that Respondent violated Code section 1101.652(a)(7). In determining the amount of the penalty, the Commission shall consider (1) the seriousness of the violations, including the nature, circumstances, extent, and gravity of the prohibited acts; (2) the history of previous violations; (3) the amount necessary to deter future violation; (4) efforts to correct the violations; and (5) any other matter that justice may require. 20 Respondent has no disciplinary history with the Commission. Respondent should have known that he was subject to sanction for any failure to report a criminal violation to the Commission within 30 days because he received training which explained this requirement. However, his explanation was plausible and credible that he misunderstood the judge and believed that his deferred 20 Tex. Occ. Code § 1101.702(b). 10 Proposal for Decision, SOAH Docket No. 329-25-11440, Referring Agency No. 251405 adjudication would not be on his record (and thus not subject to reporting requirements) while he was on probation. Further, Respondent made efforts to correct the violation by timely submitting the information once Staff requested it. Staff requests a penalty of $3,000—the maximum. The ALJ finds that based on the above relevant factors, a fine less than the maximum is appropriate and sufficient to deter future violations. Therefore, the ALJ recommends an administrative penalty of $500. B. D EFERRED A DJUDICATION FOR C RIMINAL O FFENSE Under Code section 1101.652(a)(1), the Commission may suspend or revoke a license if the license holder enters a plea of guilty to a felony. While this provision grants the Commission the authority to suspend or revoke Respondent’s license, it does not offer any factors for consideration or guidance in determining whether Respondent’s license should be suspended or revoked. Therefore, the ALJ relies primarily on Code chapter 53 for analysis of this matter. Pursuant to Code section 53.021(a)(1), the Commission may suspend or revoke a license on the grounds that the person has been convicted of an offense that directly relates to the duties and responsibilities of the licensed occupation. This applies to Respondent’s offense because, under 22 Texas Administrative Code section 541.1(a)(5), offenses against the person are directly related to the duties and responsibilities of a real estate sales agent. Aggravated Assault—Family Member is an assault against the person because it is found under Title 5 (Offenses Against the Person) of the Texas Penal Code, section 22.01. Therefore, although he is on deferred adjudication and has not been criminally convicted of Aggravated 11 Proposal for Decision, SOAH Docket No. 329-25-11440, Referring Agency No. 251405 Assault—Family Member, the Commission may consider Respondent to be convicted of the offense for licensing purposes because (1) he has not completed his period of community supervision; and (2) he may pose a continued threat to public safety or employment in the real estate profession would create a situation in which he has the opportunity reoffend. 21 The crime of Aggravated Assault—Family Member is very serious. Respondent said that he intervened in a physical fight between Sister and Complainant over money, by physically pushing Complainant away from Sister and then pushed Complainant again when she was slapping him. Respondent denied the statements in the charging instrument that he had choked and struck Complainant. He stated his intentions were not malicious. His testimony and explanation of the offense was credible and unrebutted. Although less concerning than the offense alleged in the charging instrument, Respondent’s offense was still serious and showed poor judgment. Respondent was 36 years old at the time he committed the offense that led to his deferred adjudication, so the offense cannot be described as a youthful indiscretion. The offense appears to be Respondent’s only criminal involvement. Only approximately three years have passed since Respondent’s commission of the offense, and Respondent remains on probation until July 2030. Although Respondent mentioned a potential early release from community supervision (2026), it has not yet been implemented. Respondent is in compliance with the terms of his community supervision. No evidence of rehabilitation was presented. Respondent was first licensed as a real estate sales agent in 2014. Six of 21 Tex. Occ. Code 53.021(d)(1)(B)(i), (2). 12 Proposal for Decision, SOAH Docket No. 329-25-11440, Referring Agency No. 251405 Respondent’s colleagues and friends submitted reference letters commending his leadership, integrity, work ethic. 22 The dispute prompting Respondent’s offense was a family/relationship dispute. Respondent argues that the Commission should not consider personal family matters as indicative of professional behavior. Staff counters that the real estate profession can often result in emotionally-charged situations related to people’s homes. After consideration of the relevant factors of Code sections 53.022 and .023, 23 the ALJ concludes that Respondent’s poor judgment during the offense indicates he may pose a continued threat to public safety, and that the real estate profession could give Respondent opportunities to potentially reoffend. Therefore, his guilty plea may be considered a conviction for the purposes of this proceeding. The Commission may revoke Respondent’s license on any of the above grounds; the issue is whether it should revoke or suspend the license, a determination that is based upon consideration of the same factors. The extent of Respondent’s criminal history (one offense) and conduct before and after the criminal activity weigh in favor of retaining his license; however, the nature of the offense, Respondent’s age at the time of the offense, and the relative recency of the offense weigh against Respondent’s fitness for licensure. After consideration of the evidence and the relevant factors, the ALJ concludes that Respondent has not demonstrated that he is presently qualified to hold a real estate sales agent license. Not enough time 22 Staff Exs. 8, 11. 23 Tex. Occ. Code § 53.021(d)(2); see Tex. Occ. Code § 53.022 and 53.023(a). 13 Proposal for Decision, SOAH Docket No. 329-25-11440, Referring Agency No. 251405 has passed since the offense, and he is still on community supervision. Therefore, at this time, ALJ recommends that Respondent’s license should be revoked. C. R ECOMMENDATION For the violations established by Staff and based on a consideration of the relevant factors, the ALJ recommends that the Commission assess a $500 administrative penalty and revoke Respondent’s license. V. F INDINGS OF F ACT 1. Anthony Larry Abana (Respondent) holds a real estate sales agent license issued by the Texas Real Estate Commission (Commission). Respondent was first licensed as a real estate sales agent on March 31, 2014. 2. On July 22, 2024, in Case No. 1877659 in the 486th District Court in Harris County, Texas, Respondent pleaded guilty to the 2nd Degree Felony Offense of Aggravated Assault—Family Member. The Court deferred adjudication of guilt and placed Respondent on community supervision for six years. The offense occurred on March 4, 2022. 3. Respondent did not inform the Commission of his guilty plea within 30 days of entering the plea. 4. Respondent should have known that he was subject to sanction for any failure to report a criminal violation to the Commission within 30 days because he received training which explained this requirement. 5. Respondent misunderstood the Judge and believed that his deferred adjudication would not be on his record (and thus not subject to reporting requirements) while he was on probation. 6. Respondent made efforts to correct the violation by timely submitting the information once Staff requested it. 14 Proposal for Decision, SOAH Docket No. 329-25-11440, Referring Agency No. 251405 7. Respondent was approximately 36 years old at the time he committed the offense. 8. Respondent’s offense was not a youthful indiscretion. 9. Respondent’s offense is serious. 10. There is no evidence of any previous or further criminal activity. 11. Respondent is in compliance with the terms of his community supervision and has paid all required costs. 12. Respondent will remain on community supervision until July 2030 but may be eligible for early release as soon as 2026. 13. Respondent has no other disciplinary actions with the Commission. 14. Respondent is esteemed by his colleagues and friend. 15. Respondent has a good record of employment. 16. Respondent presented no evidence of rehabilitation efforts. 17. Respondent may pose a continued threat to public safety. 18. The real estate profession could give Respondent opportunities to potentially reoffend. 19. On February 7, 2025, Commission’s Staff sent a Notice of Hearing to Respondent. The notice of hearing contained a statement of the time, place, and nature of the hearing; a statement of the legal authority and jurisdiction under which the hearing was to be held; a reference to the particular sections of statutes and rules involved; and a short, plain statement of the factual matters asserted or an attachment that incorporated by reference the factual matters asserted in the complaint or petition filed with the state agency. 20. On April 24, 2025, Administrative Law Judge Ross Henderson of the State Office of Administrative Hearings (SOAH) convened a hearing on the merits via Zoom videoconference. Staff appeared and was represented by attorney Cary Bruner. Respondent appeared and represented himself. The 15 Proposal for Decision, SOAH Docket No. 329-25-11440, Referring Agency No. 251405 record closed May 9, 2025, after the deadline for filing of the final closing briefs. VI. C ONCLUSIONS OF L AW 1. The Commission has jurisdiction over this matter. Tex. Occ. Code §§ 53.021, 1101.652. 2. SOAH has jurisdiction over all matters related to conducting a hearing in this case, including the preparation of a proposal for decision with findings of fact and conclusions of law. Tex. Gov’t Code ch. 2003. 3. Respondent received proper and timely notice of the hearing on the merits. Tex. Gov’t Code §§ 2001.051-.052. 4. Staff had the burden of proving its basis for taking disciplinary action against Respondent’s license. Respondent had the burden to prove that he is fit to be licensed despite his criminal history. Tex. Occ. Code §§ 53.023(a)-(b); 1 Tex. Admin. Code § 155.427. The standard of proof is preponderance of the evidence. Granek v. Texas St. Bd. of Med. Examn’rs , 172 S.W.3d 761, 777 (Tex. App.—2005, no pet.). 5. The Commission may suspend or revoke a license if the license holder: (1) enters a plea of guilty or is convicted of a felony, without regard to an order granting community supervision that suspends the imposition of the sentence; or (2) fails to notify the Commission the person has entered a plea of guilty to a felony within 30 days of entering the plea. Tex. Occ. Code § 1101.652(a)(1), (7). 6. Respondent violated Texas Occupations Code section 1101.652(a)(7) by failing to notify the Commission of his plea guilty to Aggravated Assault— Family Member, a second-degree felony, within 30 days of entering it. 7. The Commission may assess an administrative penalty against a license holder that violates the Texas Occupations Code or a Commission Rule. Tex. Occ. Code § 1101.701. 16 Proposal for Decision, SOAH Docket No. 329-25-11440, Referring Agency No. 251405 8. The Commission has adopted a schedule of graduated administrative penalties. 22 Tex. Admin. Code § 535.191. 9. A violation of Texas Occupations Code section 1101.652(a)(7) has an administrative penalty range of $500 to $3,000 per violation. 22 Tex. Admin. Code § 535.191(d)(1). 10. In determining the amount of the penalty, the Commission shall consider (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited acts; (2) the history of previous violations; (3) the amount necessary to deter future violation; (4) efforts to correct the violation; and (5) any other matter that justice may require. Tex. Occ. Code § 1101.702(b). 11. Based on consideration of these criteria, Respondent should be assessed an administrative penalty of $500 for his violation of Texas Occupations Code section 1101.652(a)(7). Tex. Occ. Code § 1101.702(b). 12. The Commission may suspend or revoke Respondent’s license because he entered a plea of guilty to a felony. Tex. Occ. Code § 1101.652(a)(1). 13. Respondent’s deferred adjudication may be considered a conviction for licensing purposes. Tex. Occ. Code § 53.021(d)(1)(B), (2). 14. The Commission may suspend or revoke a license for conviction for an offense that directly relates to the duties and responsibilities of the licensed occupation. Tex. Occ. Code § 53.021(a)(1). 15. An offense against the person is directly related to the profession of a real estate sales agent. Tex. Occ. Code §§ 53.022, .025; 22 Tex. Admin. Code § 541.1(a)(5); Tex. Penal Code § 22.01. 16. If the Commission determines that a criminal conviction directly relates to the duties and responsibilities of a licensed occupation, the Commission considers certain factors in determining a person’s present fitness for a license. Tex. Occ. Code § 53.023(a); 22 Tex. Admin. Code § 541.1(d). 17 Proposal for Decision, SOAH Docket No. 329-25-11440, Referring Agency No. 251405 17. Respondent is not currently fit to hold a real estate sales agent license in light of his criminal history and the relevant factors. Tex. Occ. Code §§ 53.022- .023; 22 Tex. Admin. Code § 541.1(c)-(d). 18. Respondent’s real estate sales agent license should be revoked. Signed June 10, 2025. ALJ Signature: __________________ ___________ Ross Henderson Presiding Administrative Law Judge Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 101844627 Filing Code Description: Proposal for Decision Filing Description: PROPOSAL FOR DECISION Status as of 6/10/2025 2:46 PM CST Associated Case Party: Texas Real Estate Commission Name Sherry Martinets Raquel Salazar Cary Bruner Maury James BarNumber Email sherry.martinets@trec.texas.gov raquel.salazar@trec.texas.gov cary.bruner@trec.texas.gov maury.james@trec.texas.gov TimestampSubmitted 6/10/2025 2:24:22 PM 6/10/2025 2:24:22 PM 6/10/2025 2:24:22 PM 6/10/2025 2:24:22 PM Status SENT SENT SENT SENT Associated Case Party: AnthonyLarryAbana Name Anthony LarryAbana BarNumber Email TimestampSubmitted 6/10/2025 2:24:22 PM Status SENT