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