| 1 | 1 | | By: Johnson H.B. No. 551 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the consideration of criminal history record |
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| 7 | 7 | | information regarding applicants for professional licenses. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 52.021, Occupations Code, is amended by |
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| 10 | 10 | | adding Subsection (f) and Subsection (g) to read as follows: |
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| 11 | 11 | | (f) A licensing authority may not suspend or revoke a |
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| 12 | 12 | | license, disqualify a person from receiving a license, or deny to a |
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| 13 | 13 | | person the opportunity to take a licensing examination under |
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| 14 | 14 | | subsections (a)(1) or (a)(2) without first giving the person an |
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| 15 | 15 | | opportunity to appear before a formal meeting of the authority to |
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| 16 | 16 | | present arguments and evidence in favor of their application. |
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| 17 | 17 | | (g) A licensing authority may not suspend or revoke a |
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| 18 | 18 | | license, disqualify a person from receiving a license, deny to a |
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| 19 | 19 | | person the opportunity to take a licensing examination, or refuse |
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| 20 | 20 | | to accept applications for any convictions under categorical |
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| 21 | 21 | | sections of the penal code. |
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| 22 | 22 | | (1) This subsection does not apply to any categorical |
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| 23 | 23 | | disqualification specified in this chapter. |
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| 24 | 24 | | SECTION 2. Section 53.104, Occupations Code, is amended to |
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| 25 | 25 | | read as follows: |
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| 26 | 26 | | (b) If a licensing authority determines that the requestor |
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| 27 | 27 | | is ineligible for a license, the licensing authority shall issue a |
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| 28 | 28 | | letter [setting out each basis for potential ineligibility and the |
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| 29 | 29 | | authority's determination as to eligibility] specifically |
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| 30 | 30 | | explaining how the nature or proximity of the offense is a |
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| 31 | 31 | | disqualifying conviction for specific aspects of the licensed |
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| 32 | 32 | | activity. In the absence of new evidence known to but not disclosed |
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| 33 | 33 | | by the requestor or not reasonably available to the licensing |
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| 34 | 34 | | authority at the time the letter is issued, the authority's ruling |
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| 35 | 35 | | on the request determines the requestor's eligibility with respect |
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| 36 | 36 | | to the grounds for potential ineligibility set out in the letter. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2015. |
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