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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 53, Occupations Code, is |
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amended by adding Section 53.003 to read as follows: |
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Sec. 53.003. LEGISLATIVE INTENT; LIBERAL CONSTRUCTION OF |
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SUBCHAPTER. (a) It is the intent of the legislature to enhance |
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opportunities for a person to obtain gainful employment after the |
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person has: |
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(1) been convicted of an offense; and |
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(2) discharged the sentence for the offense. |
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(b) This chapter shall be liberally construed to carry out |
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the intent of the legislature. |
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SECTION 2. Section 53.021(a), Occupations Code, is amended |
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to read as follows: |
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(a) Subject to Section 53.0231, 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 Article 42A.054, Code of |
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Criminal Procedure; or |
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(3) [(4)] a sexually violent offense, as defined by |
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Article 62.001, Code of Criminal Procedure. |
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SECTION 3. Section 53.022, Occupations Code, is amended to |
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read as follows: |
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Sec. 53.022. FACTORS IN DETERMINING WHETHER CONVICTION |
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DIRECTLY RELATES TO OCCUPATION. In determining whether a criminal |
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conviction directly relates to the duties and responsibilities of a |
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licensed [an] occupation, the licensing authority shall consider |
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each of the following factors: |
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(1) the nature and seriousness of the crime; |
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(2) the relationship of the crime to the purposes for |
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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 crime to the ability or [,] |
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capacity [, or fitness] required to perform the duties and |
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discharge the responsibilities of the licensed occupation; and |
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(5) any correlation between the elements of the crime |
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and the specific duties and responsibilities of the licensed |
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occupation. |
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SECTION 4. The heading to Section 53.023, Occupations Code, |
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is amended to read as follows: |
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Sec. 53.023. ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO |
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CONSIDER AFTER DETERMINING CONVICTION DIRECTLY RELATES TO |
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OCCUPATION. |
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SECTION 5. Sections 53.023(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) If a licensing authority determines under Section |
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53.022 that a criminal conviction directly relates to the duties |
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and responsibilities of a licensed occupation, [In determining the
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fitness to perform the duties and discharge the responsibilities of
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the licensed occupation of a person who has been convicted of a
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crime,] the licensing authority shall consider the following in |
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determining whether to take an action authorized by Section 53.021 |
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[, in addition to the factors listed in Section 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 crime was 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) evidence of the person's compliance with any |
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conditions of community supervision, parole, or mandatory |
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supervision; and |
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(7) 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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(b) The applicant has the responsibility, to the extent |
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possible, to obtain and provide to the licensing authority the |
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recommendations described [of the prosecution, law enforcement,
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and correctional authorities as required] by Subsection (a)(7) |
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[(a)(6)]. |
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SECTION 6. Subchapter B, Chapter 53, Occupations Code, is |
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amended by adding Section 53.0231 to read as follows: |
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Sec. 53.0231. NOTICE OF PENDING DENIAL OF LICENSE. (a) |
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Notwithstanding any other law, a licensing authority may not deny a |
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person a license or the opportunity to be examined for a license |
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because of the person's prior conviction of an offense unless the |
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licensing authority: |
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(1) provides written notice to the person of the |
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reason for the intended denial; and |
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(2) allows the person not less than 30 days to submit |
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any relevant information to the licensing authority. |
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(b) A notice required under Subsection (a) must contain, as |
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applicable: |
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(1) a statement that the person is disqualified from |
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receiving the license or being examined for the license because of |
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the person's prior conviction of an offense specified in the |
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notice; or |
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(2) a statement that: |
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(A) the final decision of the licensing authority |
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to deny the person a license or the opportunity to be examined for |
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the license will be based on the factors listed in Section |
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53.023(a); and |
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(B) it is the person's responsibility to obtain |
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and provide to the licensing authority evidence regarding the |
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factors listed in Section 53.023(a). |
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SECTION 7. Section 53.051, Occupations Code, is amended to |
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read as follows: |
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Sec. 53.051. NOTICE. A licensing authority that suspends |
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or revokes a license or denies a person a license or the opportunity |
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to be examined for a license because of the person's prior |
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conviction of an offense [a crime and the relationship of the crime
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to the license] shall notify the person in writing of: |
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(1) the reason for the suspension, revocation, denial, |
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or disqualification; |
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(2) the review procedure provided by Section 53.052; |
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[and] |
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(3) the earliest date the person may appeal the action |
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of the licensing authority; and |
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(4) if applicable, any remedial actions by the person |
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or relevant circumstances that the licensing authority would |
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consider in determining whether to approve the person's application |
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or allow the person to take the examination in the future. |
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SECTION 8. Section 53.023(c), Occupations Code, is |
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repealed. |
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SECTION 9. The changes in law made by this Act apply only to |
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an application for a license submitted on or after the effective |
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date of this Act. An application for a license submitted before the |
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effective date of this Act is governed by the law in effect on the |
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date the application was submitted, and the former law is continued |
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in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2019. |