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Amend CSHB 963 by adding the following appropriately numbered
SECTIONS to the bill and renumbering subsequent SECTIONS of the
bill accordingly:
SECTION ____. Section 53.002, Occupations Code, is amended
to read as follows:
Sec. 53.002. APPLICABILITY OF CHAPTER. This chapter does
not apply to:
(1) the Supreme Court of Texas, a person licensed
under the court's authority on behalf of the judicial department of
government, or an applicant for a license issued under the court's
authority on behalf of the judicial department of government;
(2) a peace officer or an applicant for a license as a
peace officer described by Article 2.12, Code of Criminal
Procedure, or to a reserve law enforcement officer, a county
jailer, or a public security officer licensed or applying for a
license under Chapter 1701; [or]
(3) a person licensed or applying for a license under
Chapter 1702;
(4) a person licensed or applying for a license issued
by the Texas State Board of Public Accountancy;
(5) a person licensed or applying for a license under
Chapter 156, Finance Code; or
(6) a person who:
(A) is licensed or is applying for a license
issued by the Texas Medical [State] Board [of Medical Examiners],
the Texas State Board of Pharmacy, the State Board of Dental
Examiners, the Texas State Board of Examiners of Psychologists, the
Texas Board of Nursing, the Texas Optometry Board, or the State
Board of Veterinary Medical Examiners; and
(B) has been convicted of:
(i) a felony under Chapter 481 or 483 or
Section 485.033, Health and Safety Code;
(ii) an offense listed in Section 3g,
Article 42.12, Code of Criminal Procedure; or
(iii) a sexually violent offense, as
defined by Article 62.001, Code of Criminal Procedure.
SECTION ____. Subsection (a), Section 53.021, Occupations
Code, is amended to read as follows:
(a) A licensing authority may suspend or revoke a license,
disqualify a person from receiving a license, or deny to a person
the opportunity to take a licensing examination on the grounds that
the person has been convicted of a felony or misdemeanor that
directly relates to the duties and responsibilities of the licensed
occupation and that was committed less than five years before the
date the person applies for the license.
SECTION ____. Subchapter B, Chapter 53, Occupations Code,
is amended by adding Section 53.0211 to read as follows:
Sec. 53.0211. LICENSING OF CERTAIN APPLICANTS WITH PRIOR
CRIMINAL CONVICTIONS. (a) Notwithstanding any other law and
unless the applicant has been convicted of an offense described by
Section 53.021(a), a licensing authority shall issue to an
otherwise qualified applicant who has been convicted of an offense:
(1) the license for which the applicant applied; or
(2) a provisional license described by Subsection (b).
(b) A licensing authority may issue a provisional license
for a term of six months to an applicant who has been convicted of an
offense.
(c) The licensing authority shall revoke a provisional
license if the provisional license holder:
(1) commits a new offense;
(2) commits an act or omission that causes the person's
community supervision, mandatory supervision, or parole to be
revoked, if applicable; or
(3) violates the law or rules governing the practice
of the occupation for which the provisional license is issued.
(d) The licensing authority shall issue the license for
which the applicant originally applied to a provisional license
holder on the expiration of the provisional license term if the
provisional license holder does not engage in conduct described by
Subsection (c).
(e) If the licensing authority revokes a provisional
license under Subsection (c), the provisional license holder is
disqualified from receiving the license for which the applicant
originally applied.
(f) An applicant who is on community supervision, mandatory
supervision, or parole and who is issued a provisional license
under this section shall provide to the licensing authority the
name and contact information of the probation or parole department
to which the person reports. The licensing authority shall notify
the probation or parole department that a provisional license has
been issued. The probation or parole department shall notify the
licensing authority if the person's community supervision,
mandatory supervision, or parole supervision is revoked during the
term of the provisional license.
SECTION ____. The changes in law made by this Act by the
amendment of Sections 53.002 and 53.021(a), Occupations Code, and
the addition of Section 53.0211, Occupations Code, apply only to an
application for a license filed with a licensing authority, to
which Chapter 53, Occupations Code, applies, on or after the
effective date of this Act. An application filed before that date
is governed by the law in effect when the application is filed, and
the former law is continued in effect for that purpose.