By: Leach, et al. (Senate Sponsor - Hinojosa) H.B. No. 1342
(In the Senate - Received from the House May 8, 2019;
May 10, 2019, read first time and referred to Committee on Business &
Commerce; May 17, 2019, reported favorably by the following vote:
Yeas 7, Nays 0; May 17, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to a person's eligibility for an occupational license;
providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.355, Occupations Code, is amended to
read as follows:
Sec. 51.355. LICENSE ELIGIBILITY OF PERSON WHOSE LICENSE
HAS BEEN REVOKED. (a) Except as otherwise provided by this
section, a [A] person whose license has been revoked by order of the
commission or executive director is not eligible for a new license
until the first anniversary of the date of the revocation.
(b) Notwithstanding Subsection (a), a person whose license
has been revoked by order of the commission or executive director is
eligible to apply for a new license before the first anniversary of
the date of the revocation if:
(1) the revocation was based solely on the person's
failure to pay an administrative penalty; and
(2) the person:
(A) has paid the administrative penalty in full;
or
(B) is paying the administrative penalty under a
payment plan with the department and is in good standing with
respect to that plan.
SECTION 2. Subchapter G, Chapter 51, Occupations Code, is
amended by adding Sections 51.357 and 51.358 to read as follows:
Sec. 51.357. RESTRICTED LICENSES FOR CERTAIN OCCUPATIONS.
(a) As an alternative to denying, revoking, suspending, or
refusing to issue or renew a license under Section 51.356 or
51.4012(a) or Chapter 53, the commission or executive director may
issue a restricted license to an applicant for a license under:
(1) Chapter 1302; or
(2) Chapter 1305.
(b) The department may impose reasonable conditions on a
holder of a restricted license, including requiring the license
holder to:
(1) limit the scope or location of the license holder's
practice;
(2) be supervised; and
(3) report to the department, including notifying the
department promptly of any change in the license holder's
supervision.
(c) The department may:
(1) include on the face of a license and in the
department's records a statement:
(A) that the license is restricted; and
(B) of any condition of the restricted license;
and
(2) use a distinctive design for a restricted license.
(d) A license holder who supervises the holder of a
restricted license shall use reasonable care to ensure that the
license holder complies with any condition imposed under this
section.
(e) The commission or executive director may impose an
administrative penalty or other sanction on the holder of a
restricted license or on a license holder who supervises the person
for a violation of this section.
Sec. 51.358. RESTRICTED LICENSE TERM. (a) A restricted
license issued under Section 51.357 is valid for the term provided
for an unrestricted license of the same type.
(b) A restricted license may be renewed by complying with
the requirements for the renewal of an unrestricted license of the
same type.
(c) On the expiration of the term of a restricted license
and the receipt by the department of a license renewal application,
there is a rebuttable presumption that the applicant is entitled to
issuance by the department of an unrestricted license.
(d) The presumption under Subsection (c) may be rebutted by
the department's determination that:
(1) the applicant failed to comply with any condition
imposed under Section 51.357;
(2) the applicant is not in good standing with the
department; or
(3) issuing an unrestricted license to the applicant
would result in an increased risk of harm to any person or property.
SECTION 3. Section 51.4041, Occupations Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding any other law, the alternative means
adopted under Subsection (a) may include accepting as sufficient
evidence of a person's eligibility for a license relevant
education, training, or experience obtained while the person was
imprisoned if the person:
(1) previously held a license of the same type for
which the person is applying and the license was revoked under
Section 53.021(b);
(2) has not been convicted of, placed on deferred
adjudication for, or entered a plea of guilty or nolo contendere to:
(A) an offense listed in Article 42A.054, Code of
Criminal Procedure;
(B) a sexually violent offense, as defined by
Article 62.001, Code of Criminal Procedure; or
(C) an offense under Chapter 21 or 43, Penal
Code; and
(3) while imprisoned, maintained a record of good
behavior and:
(A) successfully participated in a program
acceptable to the department to prepare the person for reentry into
the workforce in the occupation for which the person seeks a
license; or
(B) performed work on a regular basis in the
occupation for which the person seeks a license.
SECTION 4. Subchapter A, Chapter 53, Occupations Code, is
amended by adding Section 53.003 to read as follows:
Sec. 53.003. LEGISLATIVE INTENT; LIBERAL CONSTRUCTION OF
SUBCHAPTER. (a) It is the intent of the legislature to enhance
opportunities for a person to obtain gainful employment after the
person has:
(1) been convicted of an offense; and
(2) discharged the sentence for the offense.
(b) This chapter shall be liberally construed to carry out
the intent of the legislature.
SECTION 5. Section 53.021(a), Occupations Code, is amended
to read as follows:
(a) Subject to Section 53.0231, 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 Article 42A.054, Code of
Criminal Procedure; or
(3) [(4)] a sexually violent offense, as defined by
Article 62.001, Code of Criminal Procedure.
SECTION 6. Section 53.022, Occupations Code, is amended to
read as follows:
Sec. 53.022. FACTORS IN DETERMINING WHETHER CONVICTION
DIRECTLY RELATES TO OCCUPATION. In determining whether a criminal
conviction directly relates to the duties and responsibilities of a
licensed [an] occupation, the licensing authority shall consider
each of the following factors:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for
requiring a license to engage in the occupation;
(3) the extent to which a license might offer an
opportunity to engage in further criminal activity of the same type
as that in which the person previously had been involved; [and]
(4) the relationship of the crime to the ability or [,]
capacity [, or fitness] required to perform the duties and
discharge the responsibilities of the licensed occupation; and
(5) any correlation between the elements of the crime
and the duties and responsibilities of the licensed occupation.
SECTION 7. The heading to Section 53.023, Occupations Code,
is amended to read as follows:
Sec. 53.023. ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO
CONSIDER AFTER DETERMINING CONVICTION DIRECTLY RELATES TO
OCCUPATION.
SECTION 8. Sections 53.023(a) and (b), Occupations Code,
are amended to read as follows:
(a) If a licensing authority determines under Section
53.022 that a criminal conviction directly relates to the duties
and responsibilities of a licensed occupation, [In determining the
fitness to perform the duties and discharge the responsibilities of
the licensed occupation of a person who has been convicted of a
crime,] the licensing authority shall consider the following in
determining whether to take an action authorized by Section 53.021
[, in addition to the factors listed in Section 53.022]:
(1) the extent and nature of the person's past criminal
activity;
(2) the age of the person when the crime was committed;
(3) the amount of time that has elapsed since the
person's last criminal activity;
(4) the conduct and work activity of the person before
and after the criminal activity;
(5) evidence of the person's rehabilitation or
rehabilitative effort while incarcerated or after release; [and]
(6) evidence of the person's compliance with any
conditions of community supervision, parole, or mandatory
supervision; and
(7) other evidence of the person's fitness, including
letters of recommendation [from:
[(A) prosecutors and law enforcement and
correctional officers who prosecuted, arrested, or had custodial
responsibility for the person;
[(B) the sheriff or chief of police in the
community where the person resides; and
[(C) any other person in contact with the
convicted person].
(b) The applicant has the responsibility, to the extent
possible, to obtain and provide to the licensing authority the
recommendations described [of the prosecution, law enforcement,
and correctional authorities as required] by Subsection (a)(7)
[(a)(6)].
SECTION 9. Subchapter B, Chapter 53, Occupations Code, is
amended by adding Sections 53.0231 and 53.026 to read as follows:
Sec. 53.0231. NOTICE OF PENDING DENIAL OF LICENSE. (a)
Notwithstanding any other law, a licensing authority may not deny a
person a license or the opportunity to be examined for a license
because of the person's prior conviction of an offense unless the
licensing authority:
(1) provides written notice to the person of the
reason for the intended denial; and
(2) allows the person not less than 30 days to submit
any relevant information to the licensing authority.
(b) A notice required under Subsection (a) must contain, as
applicable:
(1) a statement that the person is disqualified from
receiving the license or being examined for the license because of
the person's prior conviction of an offense specified in the
notice; or
(2) a statement that:
(A) the final decision of the licensing authority
to deny the person a license or the opportunity to be examined for
the license will be based on the factors listed in Section
53.023(a); and
(B) it is the person's responsibility to obtain
and provide to the licensing authority evidence regarding the
factors listed in Section 53.023(a).
Sec. 53.026. APPLICANT BEST PRACTICES GUIDE. (a) The state
auditor shall, in collaboration with licensing authorities,
develop a guide of best practices for an applicant with a prior
conviction to use when applying for a license. The state auditor
shall publish the guide on the state auditor's Internet website.
(b) A licensing authority shall include a link to the guide
on the authority's Internet website and in each notice described by
Section 53.051 and letter described by Section 53.104.
SECTION 10. Section 53.051, Occupations Code, is amended to
read as follows:
Sec. 53.051. NOTICE. A licensing authority that suspends
or revokes a license or denies a person a license or the opportunity
to be examined for a license because of the person's prior
conviction of an offense [a crime and the relationship of the crime
to the license] shall notify the person in writing of:
(1) the reason for the suspension, revocation, denial,
or disqualification, including any factor considered under Section
53.022 or 53.023 that served as the basis for the suspension,
revocation, denial, or disqualification;
(2) the review procedure provided by Section 53.052;
and
(3) the earliest date the person may appeal the action
of the licensing authority.
SECTION 11. Section 53.104(b), 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,
including any factor considered under Section 53.022 or 53.023 that
served as the basis for potential ineligibility, and the
authority's determination as to eligibility. 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 12. Section 53.023(c), Occupations Code, is
repealed.
SECTION 13. Not later than September 1, 2020, the state
auditor shall develop and publish the guide as required by Section
53.026, Occupations Code, as added by this Act.
SECTION 14. The changes in law made by this Act apply only
to an application for a license submitted on or after the effective
date of this Act. An application for a license submitted before the
effective date of this Act is governed by the law in effect on the
date the application was submitted, and the former law is continued
in effect for that purpose.
SECTION 15. This Act takes effect September 1, 2019.
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