By: Johnson H.B. No. 551
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of criminal history record
information regarding applicants for professional licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 52.021, Occupations Code, is amended by
adding Subsection (f) and Subsection (g) to read as follows:
(f) A licensing authority may not suspend or revoke a
license, disqualify a person from receiving a license, or deny to a
person the opportunity to take a licensing examination under
subsections (a)(1) or (a)(2) without first giving the person an
opportunity to appear before a formal meeting of the authority to
present arguments and evidence in favor of their application.
(g) A licensing authority may not suspend or revoke a
license, disqualify a person from receiving a license, deny to a
person the opportunity to take a licensing examination, or refuse
to accept applications for any convictions under categorical
sections of the penal code.
(1) This subsection does not apply to any categorical
disqualification specified in this chapter.
SECTION 2. Section 53.104, Occupations Code, is amended to
read as follows:
(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] specifically
explaining how the nature or proximity of the offense is a
disqualifying conviction for specific aspects of the licensed
activity. 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.
SECTION 3. This Act takes effect September 1, 2015.