| 1 | 1 | | By: Rodriguez S.B. No. 1082 |
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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 establishment of an informal preliminary hearing |
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| 7 | 7 | | process before the suspension, revocation, or denial of certain |
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| 8 | 8 | | occupational licenses as a result of certain criminal convictions. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 53.021(a), Occupations Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (a) Subject to Section 53.02105, a [A] licensing authority |
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| 13 | 13 | | may suspend or revoke a license, disqualify a person from receiving |
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| 14 | 14 | | a license, or deny to a person the opportunity to take a licensing |
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| 15 | 15 | | examination on the grounds that the person has been convicted of: |
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| 16 | 16 | | (1) an offense that directly relates to the duties and |
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| 17 | 17 | | responsibilities of the licensed occupation; |
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| 18 | 18 | | (2) an offense that does not directly relate to the |
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| 19 | 19 | | duties and responsibilities of the licensed occupation and that was |
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| 20 | 20 | | committed less than five years before the date the person applies |
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| 21 | 21 | | for the license; |
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| 22 | 22 | | (3) an offense listed in Section 3g, Article 42.12, |
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| 23 | 23 | | Code of Criminal Procedure; or |
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| 24 | 24 | | (4) a sexually violent offense, as defined by Article |
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| 25 | 25 | | 62.001, Code of Criminal Procedure. |
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| 26 | 26 | | SECTION 2. Subchapter B, Chapter 53, Occupations Code, is |
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| 27 | 27 | | amended by adding Section 53.02105 to read as follows: |
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| 28 | 28 | | Sec. 53.02105. INFORMAL PRELIMINARY HEARING. (a) Before a |
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| 29 | 29 | | licensing authority may suspend or revoke a person's license, |
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| 30 | 30 | | disqualify a person from receiving a license, or deny to a person |
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| 31 | 31 | | the opportunity to take a licensing examination because of the |
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| 32 | 32 | | person's conviction for an offense under Section 53.021(a)(1) or |
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| 33 | 33 | | (2), the licensing authority must: |
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| 34 | 34 | | (1) notify the person of the reason for the licensing |
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| 35 | 35 | | authority's impending determination, including an explanation of |
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| 36 | 36 | | the impact that the nature and date of the offense has on that |
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| 37 | 37 | | determination; and |
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| 38 | 38 | | (2) provide the person an opportunity for an informal |
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| 39 | 39 | | preliminary hearing before a panel of members or employees of the |
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| 40 | 40 | | licensing authority with the authority to impose the suspension, |
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| 41 | 41 | | revocation, disqualification, or denial. |
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| 42 | 42 | | (b) A person who is notified of a licensing authority's |
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| 43 | 43 | | impending determination under Subsection (a)(1) must request an |
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| 44 | 44 | | informal preliminary hearing before the licensing authority not |
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| 45 | 45 | | later than the 45th day after the date the person receives the |
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| 46 | 46 | | notice. A licensing authority that receives a request for an |
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| 47 | 47 | | informal preliminary hearing shall offer to the person, not later |
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| 48 | 48 | | than the 10th day after the date the licensing authority receives |
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| 49 | 49 | | the request, two proposed dates for the hearing. The two proposed |
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| 50 | 50 | | dates may not be earlier than the 14th day or later than the 45th day |
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| 51 | 51 | | after the date the licensing authority provides the proposed |
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| 52 | 52 | | hearing dates to the person. The person shall notify the licensing |
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| 53 | 53 | | authority of the person's acceptance of one of the proposed dates at |
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| 54 | 54 | | least seven days before the date the person accepts. |
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| 55 | 55 | | (c) A person who requests an informal preliminary hearing |
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| 56 | 56 | | under this section may present at the hearing arguments and |
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| 57 | 57 | | evidence against the impending suspension, revocation, |
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| 58 | 58 | | disqualification, or denial. |
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| 59 | 59 | | (d) If a person who is notified of an impending suspension, |
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| 60 | 60 | | revocation, disqualification, or denial does not request an |
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| 61 | 61 | | informal preliminary hearing before the licensing authority before |
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| 62 | 62 | | the 46th day after the date the person receives the notice under |
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| 63 | 63 | | Subsection (a)(1) or if the person requests a hearing but does not |
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| 64 | 64 | | timely respond to the notification of proposed dates as required by |
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| 65 | 65 | | Subsection (b), the licensing authority may suspend or revoke the |
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| 66 | 66 | | person's license, disqualify the person from receiving a license, |
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| 67 | 67 | | or deny to the person the opportunity to take a licensing |
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| 68 | 68 | | examination as provided by Section 53.021(a). |
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| 69 | 69 | | (e) The informal preliminary hearing process established by |
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| 70 | 70 | | this section does not affect a person's right to administrative and |
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| 71 | 71 | | judicial review of a licensing authority's suspension, revocation, |
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| 72 | 72 | | or denial of a license or the opportunity to be examined for a |
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| 73 | 73 | | license. |
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| 74 | 74 | | SECTION 3. This Act takes effect September 1, 2015. |
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