LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION March 27, 2009 TO: Honorable Edmund Kuempel, Chair, House Committee on Licensing & Administrative Procedures FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB70 by Guillen ( Relating to the issuance of an occupational license to certain applicants with criminal convictions.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Occupations Code to allow various regulatory agencies to provide licenses or provisional licenses to applicants who have had certain previous criminal convictions. The bill would also authorize the licensing agency to revoke the provisional license if the provisional license holder commits a new offense, commits an act or omission that causes the person's community supervision, mandatory supervision, or parole to be revoked, or violates the law or rules governing the practice of the occupation for which the license is issued. The bill would require the licensing authority to notify the probation or parole department that a provisional license has been issued. The bill would require the licensing authority to issue the license for which the applicant originally applied to a provisional license holder on the expiration of the provisional license term if there are no violations. The bill would require licensing agencies to adopt rules to implement these provisions. Based on the analysis of the Real Estate Commission, the Department of Licensing and Regulation, and the Department of Insurance, the Board of Professional Land Surveying, and the Board of Chiropractic Examiners, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing agency resources. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:329 Real Estate Commission, 452 Department of Licensing and Regulation, 454 Department of Insurance, 464 Board of Professional Land Surveying, 508 Board of Chiropractic Examiners LBB Staff: JOB, ES, ESi, MW, JRO
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
March 27, 2009
TO: Honorable Edmund Kuempel, Chair, House Committee on Licensing & Administrative Procedures FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB70 by Guillen ( Relating to the issuance of an occupational license to certain applicants with criminal convictions.), Committee Report 1st House, Substituted
TO: Honorable Edmund Kuempel, Chair, House Committee on Licensing & Administrative Procedures
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB70 by Guillen ( Relating to the issuance of an occupational license to certain applicants with criminal convictions.), Committee Report 1st House, Substituted
Honorable Edmund Kuempel, Chair, House Committee on Licensing & Administrative Procedures
Honorable Edmund Kuempel, Chair, House Committee on Licensing & Administrative Procedures
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
HB70 by Guillen ( Relating to the issuance of an occupational license to certain applicants with criminal convictions.), Committee Report 1st House, Substituted
HB70 by Guillen ( Relating to the issuance of an occupational license to certain applicants with criminal convictions.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Occupations Code to allow various regulatory agencies to provide licenses or provisional licenses to applicants who have had certain previous criminal convictions. The bill would also authorize the licensing agency to revoke the provisional license if the provisional license holder commits a new offense, commits an act or omission that causes the person's community supervision, mandatory supervision, or parole to be revoked, or violates the law or rules governing the practice of the occupation for which the license is issued. The bill would require the licensing authority to notify the probation or parole department that a provisional license has been issued. The bill would require the licensing authority to issue the license for which the applicant originally applied to a provisional license holder on the expiration of the provisional license term if there are no violations. The bill would require licensing agencies to adopt rules to implement these provisions. Based on the analysis of the Real Estate Commission, the Department of Licensing and Regulation, and the Department of Insurance, the Board of Professional Land Surveying, and the Board of Chiropractic Examiners, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing agency resources.
The bill would amend the Occupations Code to allow various regulatory agencies to provide licenses or provisional licenses to applicants who have had certain previous criminal convictions. The bill would also authorize the licensing agency to revoke the provisional license if the provisional license holder commits a new offense, commits an act or omission that causes the person's community supervision, mandatory supervision, or parole to be revoked, or violates the law or rules governing the practice of the occupation for which the license is issued. The bill would require the licensing authority to notify the probation or parole department that a provisional license has been issued. The bill would require the licensing authority to issue the license for which the applicant originally applied to a provisional license holder on the expiration of the provisional license term if there are no violations. The bill would require licensing agencies to adopt rules to implement these provisions.
Based on the analysis of the Real Estate Commission, the Department of Licensing and Regulation, and the Department of Insurance, the Board of Professional Land Surveying, and the Board of Chiropractic Examiners, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing agency resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 329 Real Estate Commission, 452 Department of Licensing and Regulation, 454 Department of Insurance, 464 Board of Professional Land Surveying, 508 Board of Chiropractic Examiners
329 Real Estate Commission, 452 Department of Licensing and Regulation, 454 Department of Insurance, 464 Board of Professional Land Surveying, 508 Board of Chiropractic Examiners
LBB Staff: JOB, ES, ESi, MW, JRO
JOB, ES, ESi, MW, JRO