86R22345 BEE-F
 
  By: Leach, Allen, Toth, Johnson of Harris, H.B. No. 1342
      Rose, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a person's eligibility for an occupational license;
  providing an administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.355, Occupations Code, is amended to
  read as follows:
         Sec. 51.355.  LICENSE ELIGIBILITY OF PERSON WHOSE LICENSE
  HAS BEEN REVOKED. (a) Except as otherwise provided by this
  section, a [A] person whose license has been revoked by order of the
  commission or executive director is not eligible for a new license
  until the first anniversary of the date of the revocation.
         (b)  Notwithstanding Subsection (a), a person whose license
  has been revoked by order of the commission or executive director is
  eligible to apply for a new license before the first anniversary of
  the date of the revocation if:
               (1)  the revocation was based solely on the person's
  failure to pay an administrative penalty; and
               (2)  the person:
                     (A)  has paid the administrative penalty in full;
  or
                     (B)  is paying the administrative penalty under a
  payment plan with the department and is in good standing with
  respect to that plan.
         SECTION 2.  Subchapter G, Chapter 51, Occupations Code, is
  amended by adding Sections 51.357 and 51.358 to read as follows:
         Sec. 51.357.  RESTRICTED LICENSES FOR CERTAIN OCCUPATIONS.
  (a) As an alternative to denying, revoking, suspending, or
  refusing to issue or renew a license under Section 51.356 or
  51.4012(a) or Chapter 53, the commission or executive director may
  issue a restricted license to an applicant for a license under:
               (1)  Chapter 1302; or
               (2)  Chapter 1305.
         (b)  The department may impose reasonable conditions on a
  holder of a restricted license, including requiring the license
  holder to:
               (1)  limit the scope or location of the license holder's
  practice;
               (2)  be supervised; and
               (3)  report to the department, including notifying the
  department promptly of any change in the license holder's
  supervision.
         (c)  The department may:
               (1)  include on the face of a license and in the
  department's records a statement:
                     (A)  that the license is restricted; and
                     (B)  of any condition of the restricted license;
  and
               (2)  use a distinctive design for a restricted license.
         (d)  A license holder who supervises the holder of a
  restricted license shall use reasonable care to ensure that the
  license holder complies with any condition imposed under this
  section.
         (e)  The commission or executive director may impose an
  administrative penalty or other sanction on the holder of a
  restricted license or on a license holder who supervises the person
  for a violation of this section.
         Sec. 51.358.  RESTRICTED LICENSE TERM. (a) A restricted
  license issued under Section 51.357 is valid for the term provided
  for an unrestricted license of the same type.
         (b)  A restricted license may be renewed by complying with
  the requirements for the renewal of an unrestricted license of the
  same type.
         (c)  On the expiration of the term of a restricted license
  and the receipt by the department of a license renewal application,
  there is a rebuttable presumption that the applicant is entitled to
  issuance by the department of an unrestricted license.
         (d)  The presumption under Subsection (c) may be rebutted by
  the department's determination that:
               (1)  the applicant failed to comply with any condition
  imposed under Section 51.357;
               (2)  the applicant is not in good standing with the
  department; or
               (3)  issuing an unrestricted license to the applicant
  would result in an increased risk of harm to any person or property.
         SECTION 3.  Section 51.4041, Occupations Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  Notwithstanding any other law, the alternative means
  adopted under Subsection (a) may include accepting as sufficient
  evidence of a person's eligibility for a license relevant
  education, training, or experience obtained while the person was
  imprisoned if the person:
               (1)  previously held a license of the same type for
  which the person is applying and the license was revoked under
  Section 53.021(b);
               (2)  has not been convicted of, placed on deferred
  adjudication for, or entered a plea of guilty or nolo contendere to:
                     (A)  an offense listed in Article 42A.054, Code of
  Criminal Procedure;
                     (B)  a sexually violent offense, as defined by
  Article 62.001, Code of Criminal Procedure; or
                     (C)  an offense under Chapter 21 or 43, Penal
  Code; and
               (3)  while imprisoned, maintained a record of good
  behavior and:
                     (A)  successfully participated in a program
  acceptable to the department to prepare the person for reentry into
  the workforce in the occupation for which the person seeks a
  license; or
                     (B)  performed work on a regular basis in the
  occupation for which the person seeks a license.
         SECTION 4.  Subchapter A, Chapter 53, Occupations Code, is
  amended by adding Section 53.003 to read as follows:
         Sec. 53.003.  LEGISLATIVE INTENT; LIBERAL CONSTRUCTION OF
  SUBCHAPTER. (a) It is the intent of the legislature to enhance
  opportunities for a person to obtain gainful employment after the
  person has:
               (1)  been convicted of an offense; and
               (2)  discharged the sentence for the offense.
         (b)  This chapter shall be liberally construed to carry out
  the intent of the legislature.
         SECTION 5.  Section 53.021(a), Occupations Code, is amended
  to read as follows:
         (a)  Subject to Section 53.0231, a [A] licensing authority
  may suspend or revoke a license, disqualify a person from receiving
  a license, or deny to a person the opportunity to take a licensing
  examination on the grounds that the person has been convicted of:
               (1)  an offense that directly relates to the duties and
  responsibilities of the licensed occupation;
               (2)  [an offense that does not directly relate to the
  duties and responsibilities of the licensed occupation and that was
  committed less than five years before the date the person applies
  for the license;
               [(3)]  an offense listed in Article 42A.054, Code of
  Criminal Procedure; or
               (3) [(4)]  a sexually violent offense, as defined by
  Article 62.001, Code of Criminal Procedure.
         SECTION 6.  Section 53.022, Occupations Code, is amended to
  read as follows:
         Sec. 53.022.  FACTORS IN DETERMINING WHETHER CONVICTION
  DIRECTLY RELATES TO OCCUPATION. In determining whether a criminal
  conviction directly relates to the duties and responsibilities of a
  licensed [an] occupation, the licensing authority shall consider
  each of the following factors:
               (1)  the nature and seriousness of the crime;
               (2)  the relationship of the crime to the purposes for
  requiring a license to engage in the occupation;
               (3)  the extent to which a license might offer an
  opportunity to engage in further criminal activity of the same type
  as that in which the person previously had been involved; [and]
               (4)  the relationship of the crime to the ability or [,]
  capacity [, or fitness] required to perform the duties and
  discharge the responsibilities of the licensed occupation; and
               (5)  any correlation between the elements of the crime
  and the duties and responsibilities of the licensed occupation.
         SECTION 7.  The heading to Section 53.023, Occupations Code,
  is amended to read as follows:
         Sec. 53.023.  ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO
  CONSIDER AFTER DETERMINING CONVICTION DIRECTLY RELATES TO
  OCCUPATION.
         SECTION 8.  Sections 53.023(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  If a licensing authority determines under Section
  53.022 that a criminal conviction directly relates to the duties
  and responsibilities of a licensed occupation, [In determining the
  fitness to perform the duties and discharge the responsibilities of
  the licensed occupation of a person who has been convicted of a
  crime,] the licensing authority shall consider the following in
  determining whether to take an action authorized by Section 53.021 
  [, in addition to the factors listed in Section 53.022]:
               (1)  the extent and nature of the person's past criminal
  activity;
               (2)  the age of the person when the crime was committed;
               (3)  the amount of time that has elapsed since the
  person's last criminal activity;
               (4)  the conduct and work activity of the person before
  and after the criminal activity;
               (5)  evidence of the person's rehabilitation or
  rehabilitative effort while incarcerated or after release; [and]
               (6)  evidence of the person's compliance with any
  conditions of community supervision, parole, or mandatory
  supervision; and
               (7)  other evidence of the person's fitness, including
  letters of recommendation [from:
                     [(A)     prosecutors and law enforcement and
  correctional officers who prosecuted, arrested, or had custodial
  responsibility for the person;
                     [(B)     the sheriff or chief of police in the
  community where the person resides; and
                     [(C)     any other person in contact with the
  convicted person].
         (b)  The applicant has the responsibility, to the extent
  possible, to obtain and provide to the licensing authority the
  recommendations described [of the prosecution, law enforcement,
  and correctional authorities as required] by Subsection (a)(7) 
  [(a)(6)].
         SECTION 9.  Subchapter B, Chapter 53, Occupations Code, is
  amended by adding Sections 53.0231 and 53.026 to read as follows:
         Sec. 53.0231.  NOTICE OF PENDING DENIAL OF LICENSE. (a)  
  Notwithstanding any other law, a licensing authority may not deny a
  person a license or the opportunity to be examined for a license
  because of the person's prior conviction of an offense unless the
  licensing authority:
               (1)  provides written notice to the person of the
  reason for the intended denial; and
               (2)  allows the person not less than 30 days to submit
  any relevant information to the licensing authority.
         (b)  A notice required under Subsection (a) must contain, as
  applicable:
               (1)  a statement that the person is disqualified from
  receiving the license or being examined for the license because of
  the person's prior conviction of an offense specified in the
  notice; or
               (2)  a statement that:
                     (A)  the final decision of the licensing authority
  to deny the person a license or the opportunity to be examined for
  the license will be based on the factors listed in Section
  53.023(a); and
                     (B)  it is the person's responsibility to obtain
  and provide to the licensing authority evidence regarding the
  factors listed in Section 53.023(a).
         Sec. 53.026.  APPLICANT BEST PRACTICES GUIDE. (a) The state
  auditor shall, in collaboration with licensing authorities,
  develop a guide of best practices for an applicant with a prior
  conviction to use when applying for a license. The state auditor
  shall publish the guide on the state auditor's Internet website.
         (b)  A licensing authority shall include a link to the guide
  on the authority's Internet website and in each notice described by
  Section 53.051 and letter described by Section 53.104.
         SECTION 10.  Section 53.051, Occupations Code, is amended to
  read as follows:
         Sec. 53.051.  NOTICE. A licensing authority that suspends
  or revokes a license or denies a person a license or the opportunity
  to be examined for a license because of the person's prior
  conviction of an offense [a crime and the relationship of the crime
  to the license] shall notify the person in writing of:
               (1)  the reason for the suspension, revocation, denial,
  or disqualification, including any factor considered under Section
  53.022 or 53.023 that served as the basis for the suspension,
  revocation, denial, or disqualification;
               (2)  the review procedure provided by Section 53.052;
  and
               (3)  the earliest date the person may appeal the action
  of the licensing authority.
         SECTION 11.  Section 53.104(b), Occupations Code, is amended
  to read as follows:
         (b)  If a licensing authority determines that the requestor
  is ineligible for a license, the licensing authority shall issue a
  letter setting out each basis for potential ineligibility,
  including any factor considered under Section 53.022 or 53.023 that
  served as the basis for potential ineligibility, and the
  authority's determination as to eligibility.  In the absence of new
  evidence known to but not disclosed by the requestor or not
  reasonably available to the licensing authority at the time the
  letter is issued, the authority's ruling on the request determines
  the requestor's eligibility with respect to the grounds for
  potential ineligibility set out in the letter.
         SECTION 12.  Section 53.023(c), Occupations Code, is
  repealed.
         SECTION 13.  Not later than September 1, 2020, the state
  auditor shall develop and publish the guide as required by Section
  53.026, Occupations Code, as added by this Act.
         SECTION 14.  The changes in law made by this Act apply only
  to an application for a license submitted on or after the effective
  date of this Act. An application for a license submitted before the
  effective date of this Act is governed by the law in effect on the
  date the application was submitted, and the former law is continued
  in effect for that purpose.
         SECTION 15.  This Act takes effect September 1, 2019.