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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of criminal history record |
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information regarding applicants for professional licenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 52.021, Occupations Code, is amended by |
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adding Subsection (f) and Subsection (g) to read as follows: |
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(f) A licensing authority may not suspend or revoke a |
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license, disqualify a person from receiving a license, or deny to a |
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person the opportunity to take a licensing examination under |
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subsections (a)(1) or (a)(2) without first giving the person an |
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opportunity to appear before a formal meeting of the authority to |
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present arguments and evidence in favor of their application. |
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(g) A licensing authority may not suspend or revoke a |
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license, disqualify a person from receiving a license, deny to a |
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person the opportunity to take a licensing examination, or refuse |
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to accept applications for any convictions under categorical |
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sections of the penal code. |
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(1) This subsection does not apply to any categorical |
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disqualification specified in this chapter. |
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SECTION 2. Section 53.104, Occupations Code, is amended to |
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read as follows: |
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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] specifically |
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explaining how the nature or proximity of the offense is a |
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disqualifying conviction for specific aspects of the licensed |
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activity. In the absence of new evidence known to but not disclosed |
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by the requestor or not reasonably available to the licensing |
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authority at the time the letter is issued, the authority's ruling |
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on the request determines the requestor's eligibility with respect |
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to the grounds for potential ineligibility set out in the letter. |
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SECTION 3. This Act takes effect September 1, 2015. |