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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility for an occupational license by certain |
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former inmates and the practice of certain occupations by an inmate |
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of the Texas Department of Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.4041(a-1), Occupations Code, is |
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amended to read as follows: |
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(a-1) Notwithstanding any other law, the alternative means |
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adopted under Subsection (a) may include accepting [as sufficient |
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evidence of a person's eligibility for a license] relevant |
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education, training, or experience obtained while the person was |
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imprisoned if the person: |
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(1) [previously held a license of the same type for |
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which the person is applying and the license was revoked under |
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Section 53.021(b); |
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[(2)] has not been convicted of, placed on deferred |
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adjudication for, or entered a plea of guilty or nolo contendere to: |
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(A) an offense listed in Article 42A.054, Code of |
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Criminal Procedure; |
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(B) a sexually violent offense, as defined by |
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Article 62.001, Code of Criminal Procedure; or |
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(C) an offense under Chapter 21 or 43, Penal |
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Code; and |
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(2) [(3)] while imprisoned [, maintained a record of |
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good behavior and]: |
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(A) successfully participated in a program |
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acceptable to the department to prepare the person for reentry into |
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the workforce in the occupation for which the person seeks a |
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license; or |
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(B) performed work, under supervision acceptable |
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to the department, [on a regular basis] in the occupation for which |
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the person seeks a license. |
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SECTION 2. Subchapter H, Chapter 51, Occupations Code, is |
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amended by adding Section 51.4042 to read as follows: |
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Sec. 51.4042. ELIGIBILITY OF INMATES FOR CERTAIN LICENSES. |
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Notwithstanding any other law, the commission may adopt rules |
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authorizing the issuance of a license under Chapter 1302, 1305, or |
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1603 to an applicant who is an inmate of the Texas Department of |
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Criminal Justice. |
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SECTION 3. Subchapter B, Chapter 1302, Occupations Code, is |
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amended by adding Section 1302.062 to read as follows: |
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Sec. 1302.062. INMATES. This chapter does not apply to a |
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person who performs air conditioning and refrigeration-related |
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work as an inmate in the Texas Department of Criminal Justice if the |
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work is performed as part of a reentry program or under supervision |
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acceptable to the department. |
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SECTION 4. Section 1305.003, Occupations Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) This chapter does not apply to a person who performs |
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electrical work as an inmate in the Texas Department of Criminal |
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Justice if the work is performed as part of a reentry program or |
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under supervision acceptable to the department. |
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SECTION 5. Section 1603.0013, Occupations Code, is amended |
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to read as follows: |
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Sec. 1603.0013. APPLICATION OF CHAPTER. (a) This chapter |
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does not apply to a person who: |
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(1) does not represent or advertise to the public |
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directly or indirectly that the person is authorized by the |
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department to practice barbering or cosmetology and the person is: |
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(A) licensed in this state to practice medicine, |
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dentistry, podiatry, chiropractic, or nursing and operating within |
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the scope of the person's license; |
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(B) a commissioned or authorized medical or |
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surgical officer of the United States armed forces; or |
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(C) an inmate in the institutional division of |
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the Texas Department of Criminal Justice who performs barbering or |
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cosmetology during the person's incarceration; |
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(2) provides a service in an emergency; |
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(3) is in the business of or receives compensation for |
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makeup applications only; |
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(4) provides a cosmetic service as a volunteer or an |
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employee performing regular duties at a licensed nursing or |
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convalescent custodial or personal care home to a patient residing |
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in the home; |
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(5) owns, operates, or manages a licensed nursing or |
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convalescent custodial or personal care home that allows a person |
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with an operator license to perform cosmetic services for patients |
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residing in the home on an occasional but not daily basis; |
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(6) provides an incidental cosmetic service, or owns, |
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operates, or manages the location where that service is provided, |
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if the primary purpose of the service is to enable or assist the |
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recipient of the service to participate as the subject of: |
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(A) a photographic sitting at a permanent |
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establishment that charges a fee exclusively for a photographic |
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sitting; |
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(B) a television appearance; or |
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(C) the filming of a motion picture; or |
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(7) performs only natural hair braiding, including |
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braiding a person's hair, trimming hair extensions only as |
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applicable to the braiding process, and attaching commercial hair |
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by braiding and without the use of chemicals or adhesives. |
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(b) This chapter does not apply to a person who performs |
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barbering or cosmetology as an inmate in the Texas Department of |
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Criminal Justice if the work is performed as part of a reentry |
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program or under supervision acceptable to the department. |
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SECTION 6. This Act takes effect September 1, 2023. |