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