By: Rodriguez S.B. No. 1082
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an informal preliminary hearing
process before the suspension, revocation, or denial of certain
occupational licenses as a result of certain criminal convictions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 53.021(a), Occupations Code, is amended
to read as follows:
(a) Subject to Section 53.02105, a [A] licensing authority
may suspend or revoke a license, disqualify a person from receiving
a license, or deny to a person the opportunity to take a licensing
examination on the grounds that the person has been convicted of:
(1) an offense that directly relates to the duties and
responsibilities of the licensed occupation;
(2) an offense that does not directly relate to the
duties and responsibilities of the licensed occupation and that was
committed less than five years before the date the person applies
for the license;
(3) an offense listed in Section 3g, Article 42.12,
Code of Criminal Procedure; or
(4) a sexually violent offense, as defined by Article
62.001, Code of Criminal Procedure.
SECTION 2. Subchapter B, Chapter 53, Occupations Code, is
amended by adding Section 53.02105 to read as follows:
Sec. 53.02105. INFORMAL PRELIMINARY HEARING. (a) Before a
licensing authority may suspend or revoke a person's license,
disqualify a person from receiving a license, or deny to a person
the opportunity to take a licensing examination because of the
person's conviction for an offense under Section 53.021(a)(1) or
(2), the licensing authority must:
(1) notify the person of the reason for the licensing
authority's impending determination, including an explanation of
the impact that the nature and date of the offense has on that
determination; and
(2) provide the person an opportunity for an informal
preliminary hearing before a panel of members or employees of the
licensing authority with the authority to impose the suspension,
revocation, disqualification, or denial.
(b) A person who is notified of a licensing authority's
impending determination under Subsection (a)(1) must request an
informal preliminary hearing before the licensing authority not
later than the 45th day after the date the person receives the
notice. A licensing authority that receives a request for an
informal preliminary hearing shall offer to the person, not later
than the 10th day after the date the licensing authority receives
the request, two proposed dates for the hearing. The two proposed
dates may not be earlier than the 14th day or later than the 45th day
after the date the licensing authority provides the proposed
hearing dates to the person. The person shall notify the licensing
authority of the person's acceptance of one of the proposed dates at
least seven days before the date the person accepts.
(c) A person who requests an informal preliminary hearing
under this section may present at the hearing arguments and
evidence against the impending suspension, revocation,
disqualification, or denial.
(d) If a person who is notified of an impending suspension,
revocation, disqualification, or denial does not request an
informal preliminary hearing before the licensing authority before
the 46th day after the date the person receives the notice under
Subsection (a)(1) or if the person requests a hearing but does not
timely respond to the notification of proposed dates as required by
Subsection (b), the licensing authority may suspend or revoke the
person's license, disqualify the person from receiving a license,
or deny to the person the opportunity to take a licensing
examination as provided by Section 53.021(a).
(e) The informal preliminary hearing process established by
this section does not affect a person's right to administrative and
judicial review of a licensing authority's suspension, revocation,
or denial of a license or the opportunity to be examined for a
license.
SECTION 3. This Act takes effect September 1, 2015.