BILL ANALYSIS

C.S.H.B. 823

By: Allen

Corrections

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Each original occupational license and renewal license application for an individual is subject to a criminal background check. Applications may be denied if there are criminal convictions or deferred adjudications involving certain offenses. As such, many individuals who have served sentences in prison are not eligible for certain licenses despite having attained highly marketable skills and experience during their incarceration. Allowing these individuals to receive a license could both fix a gap in the workforce and create opportunities for people reentering society. C.S.H.B. 823 seeks to provide for inmates to be issued certain occupational licenses.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 1 of this bill.

ANALYSIS

C.S.H.B. 823 amends the Occupations Code to exempt a person who performs air conditioning and refrigeration-related work, electrical work, barbering, or cosmetology as an inmate in the Texas Department of Criminal Justice (TDCJ) as part of a reentry program or under supervision acceptable to the Texas Department of Licensing and Regulation (TDLR) from the Air Conditioning and Refrigeration Contractor License Law, the Texas Electrical Safety and Licensing Act, and statutory provisions regulating barbers and cosmetologists, as applicable.

C.S.H.B. 823 authorizes the Texas Commission of Licensing and Regulation to adopt rules authorizing the issuance of a license under those provisions to an applicant who is an inmate of TDCJ.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 823 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute omits the provisions from the introduced that revised the alternative means by which a person who was imprisoned may qualify for a license issued by TDLR.