81R15601 BEF-D
By: Guillen, Thompson H.B. No. 70
Substitute the following for H.B. No. 70:
By: Hamilton C.S.H.B. No. 70
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of an occupational license to certain
applicants with criminal convictions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 53.002, Occupations Code, is amended to
read as follows:
Sec. 53.002. APPLICABILITY OF CHAPTER. This chapter does
not apply to:
(1) the Supreme Court of Texas, a person licensed
under the court's authority on behalf of the judicial department of
government, or an applicant for a license issued under the court's
authority on behalf of the judicial department of government;
(2) a peace officer or an applicant for a license as a
peace officer described by Article 2.12, Code of Criminal
Procedure, or to a reserve law enforcement officer, a county
jailer, or a public security officer licensed or applying for a
license under Chapter 1701; [or]
(3) a person licensed or applying for a license issued
by the Texas State Board of Public Accountancy;
(4) a person licensed or applying for a license under
Chapter 156, Finance Code; or
(5) a person who:
(A) is licensed or is applying for a license
issued by the Texas Medical [State] Board [of Medical Examiners],
the Texas State Board of Pharmacy, the State Board of Dental
Examiners, the Texas State Board of Examiners of Psychologists, the
Texas Board of Nursing, the Texas Optometry Board, the Texas State
Board of Podiatric Medical Examiners, the Texas Board of
Chiropractic Examiners, or the State Board of Veterinary Medical
Examiners; and
(B) has been convicted of:
(i) a felony under Chapter 481 or 483 or
Section 485.033, Health and Safety Code, or the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et
seq.);
(ii) an offense listed in Section 3g,
Article 42.12, Code of Criminal Procedure;
(iii) an offense involving theft from or
fraud against a state or federal health care program; or
(iv) a sexually violent offense, as defined
by Article 62.001, Code of Criminal Procedure.
SECTION 2. Section 53.021(a), Occupations Code, is amended
to read as follows:
(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 within the five years preceding the
date the person applies for the license of a felony or misdemeanor
that directly relates to the duties and responsibilities of the
licensed occupation.
SECTION 3. Subchapter B, Chapter 53, Occupations Code, is
amended by adding Section 53.0211 to read as follows:
Sec. 53.0211. LICENSING OF CERTAIN APPLICANTS WITH PRIOR
CRIMINAL CONVICTIONS. (a) Notwithstanding any other law and
unless the applicant has been convicted of an offense described by
Section 53.021(a), a licensing authority, other than a licensing
authority listed in Section 53.002(5)(A), shall issue to an
otherwise qualified applicant who has been convicted of an offense:
(1) the license for which the applicant applied; or
(2) a provisional license described by Subsection (c).
(b) A licensing authority listed in Section 53.002(5)(A)
may issue to an otherwise qualified applicant who has been
convicted of an offense a provisional license described by
Subsection (c).
(c) A licensing authority, other than a licensing authority
listed in Section 53.002(5)(A), may issue a provisional license for
a term of six months to an applicant who has been convicted of an
offense. A licensing authority listed in Section 53.002(5)(A) may
issue a provisional license for a term determined by the authority
to an applicant who has been convicted of an offense.
(d) The licensing authority shall revoke a provisional
license if the provisional license holder:
(1) commits a new offense;
(2) commits an act or omission that causes the person's
community supervision, mandatory supervision, or parole to be
revoked, if applicable; or
(3) violates the law or rules governing the practice
of the occupation for which the provisional license is issued.
(e) The licensing authority shall issue the license for
which the applicant originally applied to a provisional license
holder on the expiration of the provisional license term if the
provisional license holder does not engage in conduct described by
Subsection (d).
(f) If the licensing authority revokes a provisional
license under Subsection (d), the provisional license holder is
disqualified from receiving the license for which the applicant
originally applied.
(g) An applicant who is on community supervision, mandatory
supervision, or parole and who is issued a provisional license
under this section shall provide to the licensing authority the
name and contact information of the probation or parole department
to which the person reports. The licensing authority shall notify
the probation or parole department that a provisional license has
been issued. The probation or parole department shall notify the
licensing authority if the person's community supervision,
mandatory supervision, or parole supervision is revoked during the
term of the provisional license.
SECTION 4. The changes in law made by this Act apply only to
an application for a license filed with a licensing authority to
which Chapter 53, Occupations Code, applies, on or after the
effective date of this Act. An application filed before that date
is governed by the law in effect when the application is filed, and
the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.