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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of an informal preliminary hearing |
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process before the suspension, revocation, or denial of certain |
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occupational licenses as a result of certain criminal convictions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 53.021(a), Occupations Code, is amended |
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to read as follows: |
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(a) Subject to Section 53.02105, a [A] licensing authority |
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may suspend or revoke a license, disqualify a person from receiving |
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a license, or deny to a person the opportunity to take a licensing |
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examination on the grounds that the person has been convicted of: |
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(1) an offense that directly relates to the duties and |
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responsibilities of the licensed occupation; |
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(2) an offense that does not directly relate to the |
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duties and responsibilities of the licensed occupation and that was |
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committed less than five years before the date the person applies |
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for the license; |
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(3) an offense listed in Section 3g, Article 42.12, |
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Code of Criminal Procedure; or |
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(4) a sexually violent offense, as defined by Article |
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62.001, Code of Criminal Procedure. |
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SECTION 2. Subchapter B, Chapter 53, Occupations Code, is |
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amended by adding Section 53.02105 to read as follows: |
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Sec. 53.02105. INFORMAL PRELIMINARY HEARING. (a) Before a |
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licensing authority may suspend or revoke a person's 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 because of the |
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person's conviction for an offense under Section 53.021(a)(1) or |
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(2), the licensing authority must: |
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(1) notify the person of the reason for the licensing |
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authority's impending determination, including an explanation of |
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the impact that the nature and date of the offense has on that |
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determination; and |
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(2) provide the person an opportunity for an informal |
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preliminary hearing before a panel of members or employees of the |
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licensing authority with the authority to impose the suspension, |
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revocation, disqualification, or denial. |
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(b) A person who is notified of a licensing authority's |
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impending determination under Subsection (a)(1) must request an |
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informal preliminary hearing before the licensing authority not |
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later than the 45th day after the date the person receives the |
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notice. A licensing authority that receives a request for an |
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informal preliminary hearing shall offer to the person, not later |
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than the 10th day after the date the licensing authority receives |
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the request, two proposed dates for the hearing. The two proposed |
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dates may not be earlier than the 14th day or later than the 45th day |
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after the date the licensing authority provides the proposed |
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hearing dates to the person. The person shall notify the licensing |
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authority of the person's acceptance of one of the proposed dates at |
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least seven days before the date the person accepts. |
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(c) A person who requests an informal preliminary hearing |
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under this section may present at the hearing arguments and |
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evidence against the impending suspension, revocation, |
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disqualification, or denial. |
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(d) If a person who is notified of an impending suspension, |
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revocation, disqualification, or denial does not request an |
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informal preliminary hearing before the licensing authority before |
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the 46th day after the date the person receives the notice under |
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Subsection (a)(1) or if the person requests a hearing but does not |
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timely respond to the notification of proposed dates as required by |
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Subsection (b), the licensing authority may suspend or revoke the |
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person's license, disqualify the person from receiving a license, |
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or deny to the person the opportunity to take a licensing |
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examination as provided by Section 53.021(a). |
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(e) The informal preliminary hearing process established by |
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this section does not affect a person's right to administrative and |
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judicial review of a licensing authority's suspension, revocation, |
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or denial of a license or the opportunity to be examined for a |
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license. |
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SECTION 3. This Act takes effect September 1, 2015. |