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A BILL TO BE ENTITLED
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AN ACT
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relating to notice to applicants to and enrollees in certain |
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educational programs regarding the consequences of a criminal |
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conviction on eligibility for an occupational license. |
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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 E to read as follows: |
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SUBCHAPTER E. NOTICE OF POTENTIAL INELIGIBILITY FOR LICENSE |
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Sec. 53.151. DEFINITIONS. Notwithstanding Section 53.001, |
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in this subchapter, "licensing authority" and "occupational |
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license" have the meanings assigned to those terms by Section |
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58.001. |
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Sec. 53.152. NOTICE BY ENTITIES PROVIDING EDUCATIONAL |
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PROGRAMS. (a) An entity that provides an educational program to |
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prepare an individual for issuance of an initial occupational |
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license shall notify each applicant to and enrollee in the |
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educational program of: |
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(1) the potential ineligibility of an individual who |
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has been convicted of an offense for issuance of an occupational |
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license on completion of the educational program; |
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(2) the current guidelines issued under Section 53.025 |
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by any licensing authority that may issue an occupational license |
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to an individual who completes the educational program; |
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(3) any other state or local restriction or guideline |
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used by a licensing authority described by Subdivision (2) to |
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determine the eligibility of an individual who has been convicted |
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of an offense for an occupational license issued by the licensing |
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authority; and |
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(4) the right of an individual enrolled or planning to |
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enroll in the educational program to request a criminal history |
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evaluation letter under Section 53.102. |
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(b) The entity shall provide the notice required under |
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Subsection (a) to each applicant and enrollee regardless of whether |
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the applicant or enrollee has been convicted of an offense. |
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Sec. 53.153. CIVIL LIABILITY. (a) An entity that fails to |
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provide the notice required by Section 53.152 to an individual |
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entitled to receive the notice and whose application for an |
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occupational license for which the educational program prepares the |
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individual is denied because the individual has been convicted of |
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an offense is liable to the individual for: |
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(1) the amount of any tuition paid by the individual to |
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the entity; |
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(2) the amount of any application fees paid by the |
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individual to the licensing authority; and |
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(3) reasonable attorney's fees and court costs. |
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(b) It is not a defense to liability under this section that |
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an individual had actual knowledge of the information for which the |
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entity is required to give notice under Section 53.152. |
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SECTION 2. Section 53.152, Occupations Code, as added by |
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this Act, applies only with respect to: |
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(1) an individual who is enrolled in an educational |
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program subject to that section on or after the effective date of |
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this Act; and |
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(2) an applicant for enrollment in an educational |
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program subject to that section who applies for enrollment in the |
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program on or after that date. |
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SECTION 3. Section 53.153, Occupations Code, as added by |
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this Act, applies only to a cause of action brought by an individual |
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entitled to notice under Section 53.152, Occupations Code, as added |
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by this Act, that accrues on or after the effective date of this |
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Act. A cause of action that accrued before the effective date of |
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this Act is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |