| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the eligibility for certain occupational licenses based |
|
|
on an arrest or conviction for certain offenses involving a |
|
|
controlled substance. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 802.107, Occupations Code, is amended by |
|
|
adding Subsection (d) to read as follows: |
|
|
(d) Notwithstanding Sections 51.356 and 51.4012 and Chapter |
|
|
53, the department may not deny issuance of a license to, refuse to |
|
|
renew the license of, or revoke or suspend a license held by a |
|
|
person based on the person's arrest or conviction for an offense |
|
|
involving the possession, manufacture, or delivery of a controlled |
|
|
substance. |
|
|
SECTION 2. Section 1603.401, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 1603.401. DENIAL, SUSPENSION, OR REVOCATION. (a) The |
|
|
department may deny an application for issuance or renewal of, or |
|
|
may suspend or revoke, a license or permit if the applicant or |
|
|
person holding the license or permit: |
|
|
(1) engages in gross malpractice; |
|
|
(2) knowingly continues to practice while having an |
|
|
infectious or contagious disease; |
|
|
(3) knowingly makes a false or deceptive statement in |
|
|
advertising; |
|
|
(4) advertises, practices, or attempts to practice |
|
|
under another person's name or trade name; |
|
|
(5) engages in fraud or deceit in obtaining a license |
|
|
or permit; or |
|
|
(6) engages in an act that violates this chapter or |
|
|
Chapter 51 or a rule or order adopted or issued under this chapter |
|
|
or Chapter 51. |
|
|
(b) Notwithstanding Sections 51.356 and 51.4012 and Chapter |
|
|
53, the department may not deny an application for issuance or |
|
|
renewal of, or suspend or revoke, a license or permit based on the |
|
|
arrest or conviction of the applicant or license or permit holder |
|
|
for an offense involving the possession, manufacture, or delivery |
|
|
of a controlled substance. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |