88R19626 BEE-F
 
  By: Leach, Jones of Dallas H.B. No. 1747
 
  Substitute the following for H.B. No. 1747:
 
  By:  Herrero C.S.H.B. No. 1747
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the consequences of a criminal conviction on a person's
  eligibility for an occupational license.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 53, Occupations Code, is
  amended by adding Sections 53.004 and 53.005 to read as follows:
         Sec. 53.004.  NOTICE TO LICENSING APPLICANTS. A licensing
  authority to which this chapter applies shall include a notice in
  the application form for each type of license issued by the
  authority and on the authority's Internet website stating:
               (1)  that an applicant's prior criminal conviction may
  be grounds for disqualifying the applicant from receiving a
  license;
               (2)  the factors listed in Sections 53.022 and 53.023
  for determining whether a prior criminal conviction constitutes
  grounds for denying an applicant from receiving a license; and
               (3)  the right of certain students enrolled in
  educational programs that prepare a person for a license or
  licensing examination to request a criminal history evaluation
  letter under Section 53.102.
         Sec. 53.005.  REPORTING. (a)  A licensing authority to which
  this chapter applies shall maintain a record of the total number of
  each of the following for each type of license issued by the
  authority:
               (1)  applications received;
               (2)  applications approved;
               (3)  applications denied for any reason;
               (4)  applications denied because of the applicant's
  prior criminal conviction or placement on deferred adjudication
  community supervision; and
               (5)  criminal history evaluation letters requested
  under Section 53.102.
         (b)  Not later than January 15 of each year, each licensing
  authority shall prepare a report of the information maintained
  under Subsection (a) for the preceding calendar year and shall:
               (1)  submit the report to the legislature; and
               (2)  publish the report on the authority's Internet
  website.
         SECTION 2.  Section 53.021, Occupations Code, is amended by
  amending Subsection (a) and adding Subsection (b-1) to read as
  follows:
         (a)  Subject to Section 53.0231, a licensing authority may
  suspend or revoke a license, disqualify a person from receiving or
  renewing a license, or deny to a person the opportunity to take a
  licensing examination on the grounds that the person:
               (1)  has been convicted of:
                     (A) [(1)]  an offense that directly relates to the
  duties and responsibilities of the licensed occupation;
                     (B) [(2)]  an offense listed in Article 42A.054,
  Code of Criminal Procedure; or
                     (C) [(3)]  a sexually violent offense, as defined
  by Article 62.001, Code of Criminal Procedure; and
               (2)  applied for the license or to take the licensing
  examination:
                     (A)  before the fifth anniversary of the later of
  the date of conviction or the person's release from confinement if
  the person's sentence for the offense included a term of
  confinement;
                     (B)  after the period described by Paragraph (A)
  if the person has been convicted of another offense committed after
  the offense described by Subdivision (1); or
                     (C)  at any time if the offense of which the person
  was convicted:
                           (i)  is listed in Article 42A.054, Code of
  Criminal Procedure;
                           (ii)  requires registration as a sex
  offender under Chapter 62, Code of Criminal Procedure;
                           (iii)  is under Section 15.031(a), Penal
  Code (criminal solicitation of a minor);
                           (iv)  is under Section 19.04, Penal Code
  (manslaughter);
                           (v)  is under Section 19.05, Penal Code
  (criminally negligent homicide);
                           (vi)  is under Section 20.03, Penal Code
  (kidnapping);
                           (vii)  is under Section 22.01(a)(1), Penal
  Code (assault), and the offense:
                                 (a)  is punishable as a felony of the
  second degree under Subsection (b-2) of that section; or
                                 (b)  involves family violence as
  defined by Section 71.004, Family Code;
                           (viii)  is under Section 22.012, Penal Code
  (indecent assault);
                           (ix)  is under Section 22.02, Penal Code
  (aggravated assault);
                           (x)  is under Section 22.04, Penal Code
  (injury to a child, elderly individual, or disabled individual),
  and the offense is punishable as:
                                 (a)  a felony of the first degree under
  Subsection (e) of that section; or
                                 (b)  a felony of the second or third
  degree under Subsection (f) of that section;
                           (xi)  is under Section 25.072, Penal Code
  (repeated violation of certain court orders or conditions of bond
  in family violence, child abuse or neglect, sexual assault or
  abuse, indecent assault, stalking, or trafficking case);
                           (xii)  is under Section 25.11, Penal Code
  (continuous violence against the family); or
                           (xiii)  is under Section 38.14, Penal Code
  (taking or attempting to take weapon from peace officer, federal
  special investigator, employee or official of correctional
  facility, parole officer, community supervision and corrections
  department officer, or commissioned security officer).
         (b-1)  Subsection (b) does not prohibit a licensing
  authority from accepting an application from an inmate imprisoned
  in the Texas Department of Criminal Justice.
         SECTION 3.  Section 53.022, Occupations Code, is amended to
  read as follows:
         Sec. 53.022.  FACTORS IN DETERMINING WHETHER CONVICTION
  DIRECTLY RELATES TO OCCUPATION.  (a) In determining whether a
  criminal conviction directly relates to the duties and
  responsibilities of a licensed 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;
               (4)  the relationship of the crime to the ability or
  capacity 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.
         (b)  A licensing authority may not determine under
  Subsection (a) that a conviction relates to the duties and
  responsibilities of the licensed occupation for purposes of taking
  an action authorized by Section 53.021 unless the authority finds
  by a preponderance of the evidence that consideration of the
  factors listed in Subsection (a) supports that determination.
         SECTION 4.  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 5.  Section 53.023, Occupations Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  If a licensing authority determines [under Section
  53.022] that a person has been convicted of an offense that is
  grounds for the authority to take an action authorized by Section
  53.021 [criminal conviction directly relates to the duties and
  responsibilities of a licensed occupation], the [licensing]
  authority shall consider the following in determining whether to
  take an action authorized by Section 53.021:
               (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];
               (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.
         (c)  In making a determination under this section, a
  licensing authority may not take an action authorized by Section
  53.021 unless the authority finds by a preponderance of the
  evidence that consideration of the factors listed in Subsection (a)
  supports taking that action.
         SECTION 6.  Subchapter C, Chapter 53, Occupations Code, is
  amended by adding Section 53.053 to read as follows:
         Sec. 53.053.  BURDEN OF PROOF. In a hearing on the
  administrative appeal or judicial review of a licensing authority's
  decision to take an action authorized by Section 53.021, the
  licensing authority has the burden of proving by a preponderance of
  the evidence that:
               (1)  the offense for which the person was convicted is
  grounds for the authority to take the action; and
               (2)  consideration of the factors required by Section
  53.023(a) supports the authority's decision to take the action.
         SECTION 7.  (a)  Sections 53.021, 53.022, and 53.023,
  Occupations Code, as amended by this Act, apply only to an action
  taken by a licensing authority to suspend or revoke a license,
  disqualify a person from receiving a license, or deny to a person
  the opportunity to take a licensing examination that occurs on or
  after January 1, 2024. An action taken by a licensing authority
  before that date is governed by the law in effect immediately before
  the effective date of this Act, and the former law is continued in
  effect for that purpose.
         (b)  Section 53.053, Occupations Code, as added by this Act,
  applies only to a proceeding commenced on or after January 1, 2024.
  A proceeding commenced before that date is governed by the law in
  effect immediately before the effective date of this Act, and the
  former law is continued in effect for that purpose.
         SECTION 8.  As soon as practicable after the effective date
  of this Act, each licensing authority subject to Chapter 53,
  Occupations Code, as amended by this Act, shall make changes to the
  authority's license applications and Internet website as necessary
  to implement Section 53.004, Occupations Code, as added by this
  Act.
         SECTION 9.  Not later than January 15, 2025, each licensing
  authority subject to Chapter 53, Occupations Code, as amended by
  this Act, shall submit the initial report required by Section
  53.005, Occupations Code, as added by this Act.
         SECTION 10.  This Act takes effect September 1, 2023.