| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a criminal history evaluation letter determining |
|
|
occupational license eligibility. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 53, Occupations Code, is amended by |
|
|
adding Subchapter D to read as follows: |
|
|
SUBCHAPTER D. PRELIMINARY EVALUATION OF LICENSE ELIGIBILITY |
|
|
Sec. 53.101. DEFINITIONS. In this subchapter: |
|
|
(1) "License" means a license, certificate, |
|
|
registration, permit, or other authorization that: |
|
|
(A) is issued by a licensing authority; and |
|
|
(B) a person must obtain to practice or engage in |
|
|
a particular business, occupation, or profession. |
|
|
(2) "Licensing authority" means a department, |
|
|
commission, board, office, or other agency of the state that issues |
|
|
a license. |
|
|
Sec. 53.102. REQUEST FOR CRIMINAL HISTORY EVALUATION |
|
|
LETTER. (a) A person may request a licensing authority to issue a |
|
|
criminal history evaluation letter regarding the person's |
|
|
eligibility for a license issued by that authority if the person: |
|
|
(1) is enrolled or planning to enroll in an |
|
|
educational program that prepares a person for an initial license |
|
|
or is planning to take an examination for an initial license; and |
|
|
(2) has reason to believe that the person is |
|
|
ineligible for the license due to a conviction or deferred |
|
|
adjudication for a felony or misdemeanor offense. |
|
|
(b) The request must state the basis for the person's |
|
|
potential ineligibility. |
|
|
Sec. 53.103. AUTHORITY TO INVESTIGATE. A licensing |
|
|
authority has the same powers to investigate a request submitted |
|
|
under this subchapter and the requestor's eligibility that the |
|
|
authority has to investigate a person applying for a license. |
|
|
Sec. 53.104. DETERMINATION OF ELIGIBILITY; LETTER. (a) If |
|
|
a licensing authority determines that a ground for ineligibility |
|
|
does not exist, the authority shall notify the requestor in writing |
|
|
of the authority's determination on each ground of potential |
|
|
ineligibility. |
|
|
(b) If a licensing authority determines that the requestor |
|
|
is ineligible for a license, the licensing authority shall issue a |
|
|
letter setting out each basis for potential ineligibility and the |
|
|
authority's determination as to eligibility. In the absence of new |
|
|
evidence known to but not disclosed by the requestor or not |
|
|
reasonably available to the licensing authority at the time the |
|
|
letter is issued, the authority's ruling on the request determines |
|
|
the requestor's eligibility with respect to the grounds for |
|
|
potential ineligibility set out in the letter. |
|
|
(c) A licensing authority must provide notice under |
|
|
Subsection (a) or issue a letter under Subsection (b) not later than |
|
|
the 90th day after the date the authority receives the request. |
|
|
Sec. 53.105. FEES. A licensing authority may charge a |
|
|
person requesting an evaluation under this subchapter a fee adopted |
|
|
by the authority. Fees adopted by a licensing authority under this |
|
|
subchapter must be in an amount sufficient to cover the cost of |
|
|
administering this subchapter. |
|
|
SECTION 2. Not later than January 1, 2010, a department, |
|
|
commission, board, office, or other agency of the state that issues |
|
|
a license to practice or engage in a particular business, |
|
|
profession, or occupation shall adopt rules necessary to administer |
|
|
Subchapter D, Chapter 53, Occupations Code, as added by this Act. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |