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A BILL TO BE ENTITLED
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AN ACT
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relating to the consequences of a criminal conviction on a person's |
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eligibility for an occupational license; charging a fee. |
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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) 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 on the |
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grounds that the person has been convicted of an offense unless the |
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offense: |
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(1) is on the list prepared by the licensing authority |
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under Section 53.022(a) [an offense that directly relates to the
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duties and 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
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was committed less than five years before the date] the person |
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applies for the license before the later of the fifth anniversary of |
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the date of: |
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(A) conviction; or |
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(B) the person's release from confinement if the |
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person's sentence for the offense included a term of confinement; |
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(2) is [(3) an offense] listed in Article 42A.054, |
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Code of Criminal Procedure; or |
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(3) is [(4)] a sexually violent offense, as defined |
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by Article 62.001, Code of Criminal Procedure. |
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SECTION 2. Section 53.022, Occupations Code, is amended to |
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read as follows: |
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Sec. 53.022. LICENSING AUTHORITY DETERMINATION OF [FACTORS
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IN DETERMINING] WHETHER CONVICTION RELATES TO OCCUPATION. (a) A |
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licensing authority shall prepare and make available to the public |
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a list of offenses: |
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(1) that directly relate to the duties and |
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responsibilities of each occupation licensed by the authority; and |
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(2) on conviction of which the licensing authority may |
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take an action authorized by Section 53.021(a). |
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(b) In preparing the list of offenses under Subsection (a), |
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the licensing authority: |
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(1) must list specific offenses; and |
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(2) may not use nonspecific terms to describe |
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offenses, including the terms "moral turpitude" and "good |
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character." |
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(c) In determining whether an offense [a criminal
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conviction] directly relates to the duties and responsibilities of |
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an occupation, the licensing authority shall consider: |
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(1) the nature and seriousness of the offense [crime]; |
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(2) the relationship of the offense [crime] to the |
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purposes for requiring a license to engage in the occupation; |
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(3) the extent to which a license might offer an |
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opportunity to engage in further criminal activity of the same type |
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[as that in which the person previously had been involved]; and |
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(4) the relationship of the offense [crime] to the |
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ability, capacity, or fitness required to perform the duties and |
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discharge the responsibilities of the licensed occupation. |
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SECTION 3. Section 53.023(a), Occupations Code, is amended |
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to read as follows: |
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(a) In determining whether to take an action authorized by |
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Section 53.021(a) with respect to [the fitness to perform the
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duties and discharge the responsibilities of the licensed
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occupation of] a person who has been convicted of an offense that |
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appears on a list prepared under Section 53.022(a) [a crime], the |
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licensing authority shall consider, in addition to the factors |
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listed in Section 53.022(c) [53.022]: |
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(1) the extent and nature of the person's past criminal |
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activity; |
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(2) the age of the person when the offense [crime] was |
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committed; |
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(3) the amount of time that has elapsed since the |
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person's last criminal activity; |
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(4) the conduct and work activity of the person before |
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and after the criminal activity; |
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(5) evidence of the person's rehabilitation or |
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rehabilitative effort while incarcerated or after release; and |
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(6) other evidence of the person's fitness, including |
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letters of recommendation from: |
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(A) prosecutors and law enforcement and |
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correctional officers who prosecuted, arrested, or had custodial |
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responsibility for the person; |
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(B) the sheriff or chief of police in the |
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community where the person resides; and |
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(C) any other person in contact with the |
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convicted person. |
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SECTION 4. Section 53.025, Occupations Code, is amended to |
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read as follows: |
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Sec. 53.025. PUBLICATION OF LIST AND GUIDELINES. (a) Each |
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licensing authority shall issue guidelines relating to the practice |
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of the licensing authority under this chapter. The guidelines must |
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state the reasons a particular offense [crime] is on the list |
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prepared by the authority under Section 53.022(a) [considered to
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relate to a particular license] and any other criterion that |
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affects the decisions of the licensing authority. |
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(b) A state licensing authority [that issues guidelines
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under this section] shall file the guidelines and list of offenses |
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with the secretary of state for publication in the Texas Register. |
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(c) A local or county licensing authority [that issues
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guidelines under this section] shall post the guidelines and list |
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of offenses at the courthouse for the county in which the licensing |
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authority is located or publish the guidelines and list in a |
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newspaper having countywide circulation in that county. |
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(d) Amendments to the guidelines or list of offenses, if |
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any, shall be issued annually. |
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SECTION 5. Subchapter C, Chapter 53, Occupations Code, is |
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amended by adding Section 53.053 to read as follows: |
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Sec. 53.053. BURDEN OF PROOF. In an administrative appeal |
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or a judicial review of a decision by a licensing authority to take |
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an action authorized by Section 53.021(a), the authority has the |
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burden of proving by clear and convincing evidence that: |
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(1) the offense that the person has been convicted of |
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directly relates to the duties and responsibilities of the licensed |
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occupation; and |
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(2) after consideration of the relevant factors as |
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required by Section 53.023(a), the person lacks the fitness to |
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perform the duties and discharge the responsibilities of the |
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licensed occupation. |
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SECTION 6. Section 53.102(a), Occupations Code, is amended |
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to read as follows: |
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(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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SECTION 7. Section 53.104(c), Occupations Code, is amended |
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to read as follows: |
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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 30th [90th] day after the date the authority receives the |
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request. |
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SECTION 8. Section 53.105, Occupations Code, is amended to |
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read as follows: |
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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 reasonable |
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fee adopted by the authority[. Fees adopted by a licensing
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authority under this subchapter must be in an amount sufficient] to |
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cover the cost of administering this subchapter, not to exceed $25 |
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for each request. |
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SECTION 9. Section 53.152(a), Occupations Code, is amended |
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to read as follows: |
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(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 and list of offenses |
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issued under Section 53.025 by any licensing authority that may |
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issue an occupational license to an individual who completes the |
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educational program; and |
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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 to request a criminal history |
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evaluation letter under Section 53.102. |
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SECTION 10. Sections 53.021(a-1) and (b) and 53.0211, |
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Occupations Code, are repealed. |
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SECTION 11. (a) Section 53.021, Occupations Code, as |
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amended by this Act, applies only to an action taken by a licensing |
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authority to suspend or revoke a license, disqualify a person from |
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receiving a license, or deny to a person the opportunity to take a |
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licensing examination on or after January 1, 2020. An action taken |
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by a licensing authority before that date is governed by the law in |
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effect immediately before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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(b) Section 53.053, Occupations Code, as added by this Act, |
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applies only to a proceeding commenced on or after January 1, 2020. |
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A proceeding commenced before that date is governed by the law in |
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effect immediately before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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(c) Sections 53.104(c) and 53.105, Occupations Code, as |
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amended by this Act, apply only to a request received by a licensing |
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authority under Subchapter D, Chapter 53, Occupations Code, as |
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amended by this Act, on or after January 1, 2020. A request |
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received before that date is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 12. Not later than December 31, 2019, a licensing |
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authority shall publish or post the guidelines and list of offenses |
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as required by Section 53.025, Occupations Code, as amended by this |
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Act. |
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SECTION 13. This Act takes effect September 1, 2019. |