By: Giddings (Senate Sponsor - West) H.B. No. 1508
(In the Senate - Received from the House April 18, 2017;
May 2, 2017, read first time and referred to Committee on Business &
Commerce; May 22, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 22, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1508 By: Campbell
A BILL TO BE ENTITLED
AN ACT
relating to notice to applicants to and enrollees in certain
educational programs regarding the consequences of a criminal
conviction on eligibility for an occupational license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 53, Occupations Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. NOTICE OF POTENTIAL INELIGIBILITY FOR LICENSE
Sec. 53.151. DEFINITIONS. Notwithstanding Section 53.001,
in this subchapter, "licensing authority" and "occupational
license" have the meanings assigned to those terms by Section
58.001.
Sec. 53.152. NOTICE BY ENTITIES PROVIDING EDUCATIONAL
PROGRAMS. (a) An entity that provides an educational program to
prepare an individual for issuance of an initial occupational
license shall notify each applicant to and enrollee in the
educational program of:
(1) the potential ineligibility of an individual who
has been convicted of an offense for issuance of an occupational
license on completion of the educational program;
(2) the current guidelines issued under Section 53.025
by any licensing authority that may issue an occupational license
to an individual who completes the educational program;
(3) any other state or local restriction or guideline
used by a licensing authority described by Subdivision (2) to
determine the eligibility of an individual who has been convicted
of an offense for an occupational license issued by the licensing
authority; and
(4) the right to request a criminal history evaluation
letter under Section 53.102.
(b) The entity shall provide the notice required under
Subsection (a) to each applicant and enrollee regardless of whether
the applicant or enrollee has been convicted of an offense.
Sec. 53.153. REFUND AND ORDERED PAYMENTS. A licensing
authority that determines that an entity regulated by the licensing
authority has failed to provide the notice required by Section
53.152 to an individual entitled to receive the notice and that the
individual's application for an occupational license for which the
entity's educational program prepares the individual was denied
because the individual has been convicted of an offense shall order
the entity to:
(1) refund the amount of any tuition paid by the
individual to the entity; and
(2) pay to the individual an amount equal to the total
of the following, as applicable:
(A) the amount of any application fees paid by
the individual to the licensing authority; and
(B) the amount of any examination fees paid by
the individual to the licensing authority or an examination
provider approved by the licensing authority.
SECTION 2. Section 53.152, Occupations Code, as added by
this Act, applies only with respect to:
(1) an individual who is enrolled in an educational
program subject to that section on or after the effective date of
this Act; and
(2) an applicant for enrollment in an educational
program subject to that section who applies for enrollment in the
program on or after that date.
SECTION 3. This Act takes effect September 1, 2017.
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