BILL ANALYSIS

C.S.H.B. 3673

By: Cook

Corrections

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that educational programs maintained by the Windham School District and the Texas Higher Education in Prison Consortium increase former inmates' employment success and reduce recidivism but that employment and occupational licensing outcomes for inmates prior to release fall short of the goals of the district and the Texas Department of Criminal Justice. The bill author has further informed the committee that these outcomes are hampered by current law relating to provisional licenses for inmates. C.S.H.B. 3673 seeks to improve employment outcomes and reduce recidivism of former inmates by providing for the issuance of provisional occupational licenses for an extended term for certain inmates and releasees who are or were students of certain educational programs, among other provisions.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3673 amends the Occupations Code to limit the felony convictions for which certain occupational licenses must be revoked on the license holder's imprisonment to such a conviction for the following offenses:

· an offense that directly relates to the duties and responsibilities of the licensed occupation;

· an offense ineligible for judge-ordered community supervision; and

· a sexually violent offense, defined by reference to Code of Criminal Procedure provisions governing the sex offender registration program.

C.S.H.B. 3673 revises the authorization for a licensing authority to issue a provisional license for a term of six months to an applicant who has been convicted of an offense as follows:

· extends the term during which the license is valid from six months to 12 months; and

· conditions the authorization on the applicant being an inmate imprisoned in the Texas Department of Criminal Justice (TDCJ) or a person released on parole or mandatory supervision and residing at a halfway house or community residential facility and being enrolled in or having completed an educational program offered by the Windham School District or a public institution of higher education.

The bill establishes that the term of a provisional license issued to an applicant who is an inmate imprisoned in TDCJ begins on the date the applicant is released.

C.S.H.B. 3673 requires TDCJ, on request of a licensing authority, to provide to the licensing authority information regarding an applicant who is an inmate imprisoned in TDCJ for purposes of determining the inmate's eligibility for a license.

C.S.H.B. 3673 amends the Government Code to require TDCJ, on request or in the normal course of official business, to provide information that is confidential and privileged under statutory provisions relating to parole and mandatory supervision to a licensing authority requesting information concerning an inmate or releasee who has submitted an application for an occupational license to the licensing authority.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 3673 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute limits the felony convictions for which certain occupational licenses must be revoked on the license holder's imprisonment, whereas the introduced did not include that limitation.

While both the introduced and the substitute establish that the term of a provisional license issued to an applicant who is an inmate imprisoned in TDCJ begins on the date the applicant is released, the substitute revises the authorization for a licensing authority to issue a provisional license to an applicant who has been convicted of an offense by extending the term of the license and requiring the applicant to meet certain additional conditions, whereas the introduced did not revise that authorization.

The substitute includes the following provisions absent from the introduced:

· a requirement for TDCJ, on request of a licensing authority, to provide to the licensing authority information regarding an applicant who is a TDCJ inmate for purposes of determining the inmate's eligibility for an occupational license; and

· a requirement for TDCJ, on request or in the normal course of official business, to provide certain information that is confidential and privileged to a licensing authority requesting information concerning an inmate or releasee who has submitted an application for an occupational license to the licensing authority.