81R5294 NC-D
By: Guillen H.B. No. 963
A BILL TO BE ENTITLED
AN ACT
relating to a criminal history evaluation letter determining
occupational license eligibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 53, Occupations Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. PRELIMINARY EVALUATION OF LICENSE ELIGIBILITY
Sec. 53.101. DEFINITIONS. In this subchapter:
(1) "License" means a license, certificate,
registration, permit, or other authorization that:
(A) is issued by a licensing authority; and
(B) a person must obtain to practice or engage in
a particular business, occupation, or profession.
(2) "Licensing authority" means a department,
commission, board, office, or other agency of the state that issues
a license.
Sec. 53.102. REQUEST FOR CRIMINAL HISTORY EVALUATION
LETTER. (a) A person may request a licensing authority to issue a
criminal history evaluation letter regarding the person's
eligibility for a license issued by that authority if the person:
(1) is enrolled or planning to enroll in an
educational program that prepares a person for an initial license
or is planning to take an examination for an initial license; and
(2) has reason to believe that the person is
ineligible for the license due to a conviction or deferred
adjudication for a felony or misdemeanor offense.
(b) The request must state the basis for the person's
potential ineligibility.
Sec. 53.103. AUTHORITY TO INVESTIGATE. A licensing
authority has the same powers to investigate a request submitted
under this subchapter and the requestor's eligibility that the
authority has to investigate a person applying for a license.
Sec. 53.104. DETERMINATION OF ELIGIBILITY; LETTER. (a) If
a licensing authority determines that a ground for ineligibility
does not exist, the authority shall notify the requestor in writing
of the authority's determination on each ground of potential
ineligibility.
(b) If a licensing authority determines that the requestor
is ineligible for a license, the licensing authority shall issue a
letter setting out each basis for potential ineligibility and the
authority's determination as to eligibility. In the absence of new
evidence known to but not disclosed by the requestor or not
reasonably available to the licensing authority at the time the
letter is issued, the authority's ruling on the request determines
the requestor's eligibility with respect to the grounds for
potential ineligibility set out in the letter.
(c) A licensing authority must provide notice under
Subsection (a) or issue a letter under Subsection (b) not later than
the 90th day after the date the authority receives the request.
Sec. 53.105. FEES. A licensing authority may charge a
person requesting an evaluation under this subchapter a fee adopted
by the authority. Fees adopted by a licensing authority under this
subchapter must be in an amount sufficient to cover the cost of
administering this subchapter.
SECTION 2. Not later than January 1, 2010, a department,
commission, board, office, or other agency of the state that issues
a license to practice or engage in a particular business,
profession, or occupation shall adopt rules necessary to administer
Subchapter D, Chapter 53, Occupations Code, as added by this Act.
SECTION 3. 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.