Texas 2009 - 81st Regular

Texas Senate Bill SB809 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R15601 BEF-D
2	2	By: Whitmire S.B. No. 809
3	3	Substitute the following for S.B. No. 809:
4	4	By: Geren C.S.S.B. No. 809
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the issuance of an occupational license to certain
10	10	applicants with criminal convictions.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 53.002, Occupations Code, is amended to
13	13	read as follows:
14	14	Sec. 53.002. APPLICABILITY OF CHAPTER. This chapter does
15	15	not apply to:
16	16	(1) the Supreme Court of Texas, a person licensed
17	17	under the court's authority on behalf of the judicial department of
18	18	government, or an applicant for a license issued under the court's
19	19	authority on behalf of the judicial department of government;
20	20	(2) a peace officer or an applicant for a license as a
21	21	peace officer described by Article 2.12, Code of Criminal
22	22	Procedure, or to a reserve law enforcement officer, a county
23	23	jailer, or a public security officer licensed or applying for a
24	24	license under Chapter 1701; [or]
25	25	(3) a person licensed or applying for a license issued
26	26	by the Texas State Board of Public Accountancy;
27	27	(4) a person licensed or applying for a license under
28	28	Chapter 156, Finance Code; or
29	29	(5) a person who:
30	30	(A) is licensed or is applying for a license
31	31	issued by the Texas Medical [State] Board [of Medical Examiners],
32	32	the Texas State Board of Pharmacy, the State Board of Dental
33	33	Examiners, the Texas State Board of Examiners of Psychologists, the
34	34	Texas Board of Nursing, the Texas Optometry Board, the Texas State
35	35	Board of Podiatric Medical Examiners, the Texas Board of
36	36	Chiropractic Examiners, or the State Board of Veterinary Medical
37	37	Examiners; and
38	38	(B) has been convicted of:
39	39	(i) a felony under Chapter 481 or 483 or
40	40	Section 485.033, Health and Safety Code, or the Comprehensive Drug
41	41	Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et
42	42	seq.);
43	43	(ii) an offense listed in Section 3g,
44	44	Article 42.12, Code of Criminal Procedure;
45	45	(iii) an offense involving theft from or
46	46	fraud against a state or federal health care program; or
47	47	(iv) a sexually violent offense, as defined
48	48	by Article 62.001, Code of Criminal Procedure.
49	49	SECTION 2. Section 53.021(a), Occupations Code, is amended
50	50	to read as follows:
51	51	(a) A licensing authority may suspend or revoke a license,
52	52	disqualify a person from receiving a license, or deny to a person
53	53	the opportunity to take a licensing examination on the grounds that
54	54	the person has been convicted within the five years preceding the
55	55	date the person applies for the license of a felony or misdemeanor
56	56	that directly relates to the duties and responsibilities of the
57	57	licensed occupation.
58	58	SECTION 3. Subchapter B, Chapter 53, Occupations Code, is
59	59	amended by adding Section 53.0211 to read as follows:
60	60	Sec. 53.0211. LICENSING OF CERTAIN APPLICANTS WITH PRIOR
61	61	CRIMINAL CONVICTIONS. (a) Notwithstanding any other law and
62	62	unless the applicant has been convicted of an offense described by
63	63	Section 53.021(a), a licensing authority, other than a licensing
64	64	authority listed in Section 53.002(5)(A), shall issue to an
65	65	otherwise qualified applicant who has been convicted of an offense:
66	66	(1) the license for which the applicant applied; or
67	67	(2) a provisional license described by Subsection (c).
68	68	(b) A licensing authority listed in Section 53.002(5)(A)
69	69	may issue to an otherwise qualified applicant who has been
70	70	convicted of an offense a provisional license described by
71	71	Subsection (c).
72	72	(c) A licensing authority, other than a licensing authority
73	73	listed in Section 53.002(5)(A), may issue a provisional license for
74	74	a term of six months to an applicant who has been convicted of an
75	75	offense. A licensing authority listed in Section 53.002(5)(A) may
76	76	issue a provisional license for a term determined by the authority
77	77	to an applicant who has been convicted of an offense.
78	78	(d) The licensing authority shall revoke a provisional
79	79	license if the provisional license holder:
80	80	(1) commits a new offense;
81	81	(2) commits an act or omission that causes the person's
82	82	community supervision, mandatory supervision, or parole to be
83	83	revoked, if applicable; or
84	84	(3) violates the law or rules governing the practice
85	85	of the occupation for which the provisional license is issued.
86	86	(e) The licensing authority shall issue the license for
87	87	which the applicant originally applied to a provisional license
88	88	holder on the expiration of the provisional license term if the
89	89	provisional license holder does not engage in conduct described by
90	90	Subsection (d).
91	91	(f) If the licensing authority revokes a provisional
92	92	license under Subsection (d), the provisional license holder is
93	93	disqualified from receiving the license for which the applicant
94	94	originally applied.
95	95	(g) An applicant who is on community supervision, mandatory
96	96	supervision, or parole and who is issued a provisional license
97	97	under this section shall provide to the licensing authority the
98	98	name and contact information of the probation or parole department
99	99	to which the person reports. The licensing authority shall notify
100	100	the probation or parole department that a provisional license has
101	101	been issued. The probation or parole department shall notify the
102	102	licensing authority if the person's community supervision,
103	103	mandatory supervision, or parole supervision is revoked during the
104	104	term of the provisional license.
105	105	SECTION 4. The changes in law made by this Act apply only to
106	106	an application for a license filed with a licensing authority to
107	107	which Chapter 53, Occupations Code, applies, on or after the
108	108	effective date of this Act. An application filed before that date
109	109	is governed by the law in effect when the application is filed, and
110	110	the former law is continued in effect for that purpose.
111	111	SECTION 5. This Act takes effect immediately if it receives
112	112	a vote of two-thirds of all the members elected to each house, as
113	113	provided by Section 39, Article III, Texas Constitution. If this
114	114	Act does not receive the vote necessary for immediate effect, this
115	115	Act takes effect September 1, 2009.