Texas 2019 - 86th Regular

Texas House Bill HB1342 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1342
	1	+	By: Leach, et al. (Senate Sponsor - Hinojosa) H.B. No. 1342
	2	+	(In the Senate - Received from the House May 8, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on Business &
	4	+	Commerce; May 17, 2019, reported favorably by the following vote:
	5	+	Yeas 7, Nays 0; May 17, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to a person's eligibility for an occupational license;
6	12		providing an administrative penalty.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 51.355, Occupations Code, is amended to
9	15		read as follows:
10	16		Sec. 51.355. LICENSE ELIGIBILITY OF PERSON WHOSE LICENSE
11	17		HAS BEEN REVOKED. (a) Except as otherwise provided by this
12	18		section, a [A] person whose license has been revoked by order of the
13	19		commission or executive director is not eligible for a new license
14	20		until the first anniversary of the date of the revocation.
15	21		(b) Notwithstanding Subsection (a), a person whose license
16	22		has been revoked by order of the commission or executive director is
17	23		eligible to apply for a new license before the first anniversary of
18	24		the date of the revocation if:
19	25		(1) the revocation was based solely on the person's
20	26		failure to pay an administrative penalty; and
21	27		(2) the person:
22	28		(A) has paid the administrative penalty in full;
23	29		or
24	30		(B) is paying the administrative penalty under a
25	31		payment plan with the department and is in good standing with
26	32		respect to that plan.
27	33		SECTION 2. Subchapter G, Chapter 51, Occupations Code, is
28	34		amended by adding Sections 51.357 and 51.358 to read as follows:
29	35		Sec. 51.357. RESTRICTED LICENSES FOR CERTAIN OCCUPATIONS.
30	36		(a) As an alternative to denying, revoking, suspending, or
31	37		refusing to issue or renew a license under Section 51.356 or
32	38		51.4012(a) or Chapter 53, the commission or executive director may
33	39		issue a restricted license to an applicant for a license under:
34	40		(1) Chapter 1302; or
35	41		(2) Chapter 1305.
36	42		(b) The department may impose reasonable conditions on a
37	43		holder of a restricted license, including requiring the license
38	44		holder to:
39	45		(1) limit the scope or location of the license holder's
40	46		practice;
41	47		(2) be supervised; and
42	48		(3) report to the department, including notifying the
43	49		department promptly of any change in the license holder's
44	50		supervision.
45	51		(c) The department may:
46	52		(1) include on the face of a license and in the
47	53		department's records a statement:
48	54		(A) that the license is restricted; and
49	55		(B) of any condition of the restricted license;
50	56		and
51	57		(2) use a distinctive design for a restricted license.
52	58		(d) A license holder who supervises the holder of a
53	59		restricted license shall use reasonable care to ensure that the
54	60		license holder complies with any condition imposed under this
55	61		section.
56	62		(e) The commission or executive director may impose an
57	63		administrative penalty or other sanction on the holder of a
58	64		restricted license or on a license holder who supervises the person
59	65		for a violation of this section.
60	66		Sec. 51.358. RESTRICTED LICENSE TERM. (a) A restricted
61	67		license issued under Section 51.357 is valid for the term provided
62	68		for an unrestricted license of the same type.
63	69		(b) A restricted license may be renewed by complying with
64	70		the requirements for the renewal of an unrestricted license of the
65	71		same type.
66	72		(c) On the expiration of the term of a restricted license
67	73		and the receipt by the department of a license renewal application,
68	74		there is a rebuttable presumption that the applicant is entitled to
69	75		issuance by the department of an unrestricted license.
70	76		(d) The presumption under Subsection (c) may be rebutted by
71	77		the department's determination that:
72	78		(1) the applicant failed to comply with any condition
73	79		imposed under Section 51.357;
74	80		(2) the applicant is not in good standing with the
75	81		department; or
76	82		(3) issuing an unrestricted license to the applicant
77	83		would result in an increased risk of harm to any person or property.
78	84		SECTION 3. Section 51.4041, Occupations Code, is amended by
79	85		adding Subsection (a-1) to read as follows:
80	86		(a-1) Notwithstanding any other law, the alternative means
81	87		adopted under Subsection (a) may include accepting as sufficient
82	88		evidence of a person's eligibility for a license relevant
83	89		education, training, or experience obtained while the person was
84	90		imprisoned if the person:
85	91		(1) previously held a license of the same type for
86	92		which the person is applying and the license was revoked under
87	93		Section 53.021(b);
88	94		(2) has not been convicted of, placed on deferred
89	95		adjudication for, or entered a plea of guilty or nolo contendere to:
90	96		(A) an offense listed in Article 42A.054, Code of
91	97		Criminal Procedure;
92	98		(B) a sexually violent offense, as defined by
93	99		Article 62.001, Code of Criminal Procedure; or
94	100		(C) an offense under Chapter 21 or 43, Penal
95	101		Code; and
96	102		(3) while imprisoned, maintained a record of good
97	103		behavior and:
98	104		(A) successfully participated in a program
99	105		acceptable to the department to prepare the person for reentry into
100	106		the workforce in the occupation for which the person seeks a
101	107		license; or
102	108		(B) performed work on a regular basis in the
103	109		occupation for which the person seeks a license.
104	110		SECTION 4. Subchapter A, Chapter 53, Occupations Code, is
105	111		amended by adding Section 53.003 to read as follows:
106	112		Sec. 53.003. LEGISLATIVE INTENT; LIBERAL CONSTRUCTION OF
107	113		SUBCHAPTER. (a) It is the intent of the legislature to enhance
108	114		opportunities for a person to obtain gainful employment after the
109	115		person has:
110	116		(1) been convicted of an offense; and
111	117		(2) discharged the sentence for the offense.
112	118		(b) This chapter shall be liberally construed to carry out
113	119		the intent of the legislature.
114	120		SECTION 5. Section 53.021(a), Occupations Code, is amended
115	121		to read as follows:
116	122		(a) Subject to Section 53.0231, a [A] licensing authority
117	123		may suspend or revoke a license, disqualify a person from receiving
118	124		a license, or deny to a person the opportunity to take a licensing
119	125		examination on the grounds that the person has been convicted of:
120	126		(1) an offense that directly relates to the duties and
121	127		responsibilities of the licensed occupation;
122	128		(2) [an offense that does not directly relate to the
123	129		duties and responsibilities of the licensed occupation and that was
124	130		committed less than five years before the date the person applies
125	131		for the license;
126	132		[(3)] an offense listed in Article 42A.054, Code of
127	133		Criminal Procedure; or
128	134		(3) [(4)] a sexually violent offense, as defined by
129	135		Article 62.001, Code of Criminal Procedure.
130	136		SECTION 6. Section 53.022, Occupations Code, is amended to
131	137		read as follows:
132	138		Sec. 53.022. FACTORS IN DETERMINING WHETHER CONVICTION
133	139		DIRECTLY RELATES TO OCCUPATION. In determining whether a criminal
134	140		conviction directly relates to the duties and responsibilities of a
135	141		licensed [an] occupation, the licensing authority shall consider
136	142		each of the following factors:
137	143		(1) the nature and seriousness of the crime;
138	144		(2) the relationship of the crime to the purposes for
139	145		requiring a license to engage in the occupation;
140	146		(3) the extent to which a license might offer an
141	147		opportunity to engage in further criminal activity of the same type
142	148		as that in which the person previously had been involved; [and]
143	149		(4) the relationship of the crime to the ability or [,]
144	150		capacity [, or fitness] required to perform the duties and
145	151		discharge the responsibilities of the licensed occupation; and
146	152		(5) any correlation between the elements of the crime
147	153		and the duties and responsibilities of the licensed occupation.
148	154		SECTION 7. The heading to Section 53.023, Occupations Code,
149	155		is amended to read as follows:
150	156		Sec. 53.023. ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO
151	157		CONSIDER AFTER DETERMINING CONVICTION DIRECTLY RELATES TO
152	158		OCCUPATION.
153	159		SECTION 8. Sections 53.023(a) and (b), Occupations Code,
154	160		are amended to read as follows:
155	161		(a) If a licensing authority determines under Section
156	162		53.022 that a criminal conviction directly relates to the duties
157	163		and responsibilities of a licensed occupation, [In determining the
158	164		fitness to perform the duties and discharge the responsibilities of
159	165		the licensed occupation of a person who has been convicted of a
160	166		crime,] the licensing authority shall consider the following in
161	167		determining whether to take an action authorized by Section 53.021
162	168		[, in addition to the factors listed in Section 53.022]:
163	169		(1) the extent and nature of the person's past criminal
164	170		activity;
165	171		(2) the age of the person when the crime was committed;
166	172		(3) the amount of time that has elapsed since the
167	173		person's last criminal activity;
168	174		(4) the conduct and work activity of the person before
169	175		and after the criminal activity;
170	176		(5) evidence of the person's rehabilitation or
171	177		rehabilitative effort while incarcerated or after release; [and]
172	178		(6) evidence of the person's compliance with any
173	179		conditions of community supervision, parole, or mandatory
174	180		supervision; and
175	181		(7) other evidence of the person's fitness, including
176	182		letters of recommendation [from:
177	183		[(A) prosecutors and law enforcement and
178	184		correctional officers who prosecuted, arrested, or had custodial
179	185		responsibility for the person;
180	186		[(B) the sheriff or chief of police in the
181	187		community where the person resides; and
182	188		[(C) any other person in contact with the
183	189		convicted person].
184	190		(b) The applicant has the responsibility, to the extent
185	191		possible, to obtain and provide to the licensing authority the
186	192		recommendations described [of the prosecution, law enforcement,
187	193		and correctional authorities as required] by Subsection (a)(7)
188	194		[(a)(6)].
189	195		SECTION 9. Subchapter B, Chapter 53, Occupations Code, is
190	196		amended by adding Sections 53.0231 and 53.026 to read as follows:
191	197		Sec. 53.0231. NOTICE OF PENDING DENIAL OF LICENSE. (a)
192	198		Notwithstanding any other law, a licensing authority may not deny a
193	199		person a license or the opportunity to be examined for a license
194	200		because of the person's prior conviction of an offense unless the
195	201		licensing authority:
196	202		(1) provides written notice to the person of the
197	203		reason for the intended denial; and
198	204		(2) allows the person not less than 30 days to submit
199	205		any relevant information to the licensing authority.
200	206		(b) A notice required under Subsection (a) must contain, as
201	207		applicable:
202	208		(1) a statement that the person is disqualified from
203	209		receiving the license or being examined for the license because of
204	210		the person's prior conviction of an offense specified in the
205	211		notice; or
206	212		(2) a statement that:
207	213		(A) the final decision of the licensing authority
208	214		to deny the person a license or the opportunity to be examined for
209	215		the license will be based on the factors listed in Section
210	216		53.023(a); and
211	217		(B) it is the person's responsibility to obtain
212	218		and provide to the licensing authority evidence regarding the
213	219		factors listed in Section 53.023(a).
214	220		Sec. 53.026. APPLICANT BEST PRACTICES GUIDE. (a) The state
215	221		auditor shall, in collaboration with licensing authorities,
216	222		develop a guide of best practices for an applicant with a prior
217	223		conviction to use when applying for a license. The state auditor
218	224		shall publish the guide on the state auditor's Internet website.
219	225		(b) A licensing authority shall include a link to the guide
220	226		on the authority's Internet website and in each notice described by
221	227		Section 53.051 and letter described by Section 53.104.
222	228		SECTION 10. Section 53.051, Occupations Code, is amended to
223	229		read as follows:
224	230		Sec. 53.051. NOTICE. A licensing authority that suspends
225	231		or revokes a license or denies a person a license or the opportunity
226	232		to be examined for a license because of the person's prior
227	233		conviction of an offense [a crime and the relationship of the crime
228	234		to the license] shall notify the person in writing of:
229	235		(1) the reason for the suspension, revocation, denial,
230	236		or disqualification, including any factor considered under Section
231	237		53.022 or 53.023 that served as the basis for the suspension,
232	238		revocation, denial, or disqualification;
233	239		(2) the review procedure provided by Section 53.052;
234	240		and
235	241		(3) the earliest date the person may appeal the action
236	242		of the licensing authority.
237	243		SECTION 11. Section 53.104(b), Occupations Code, is amended
238	244		to read as follows:
239	245		(b) If a licensing authority determines that the requestor
240	246		is ineligible for a license, the licensing authority shall issue a
241	247		letter setting out each basis for potential ineligibility,
242	248		including any factor considered under Section 53.022 or 53.023 that
243	249		served as the basis for potential ineligibility, and the
244	250		authority's determination as to eligibility. In the absence of new
245	251		evidence known to but not disclosed by the requestor or not
246	252		reasonably available to the licensing authority at the time the
247	253		letter is issued, the authority's ruling on the request determines
248	254		the requestor's eligibility with respect to the grounds for
249	255		potential ineligibility set out in the letter.
250	256		SECTION 12. Section 53.023(c), Occupations Code, is
251	257		repealed.
252	258		SECTION 13. Not later than September 1, 2020, the state
253	259		auditor shall develop and publish the guide as required by Section
254	260		53.026, Occupations Code, as added by this Act.
255	261		SECTION 14. The changes in law made by this Act apply only
256	262		to an application for a license submitted on or after the effective
257	263		date of this Act. An application for a license submitted before the
258	264		effective date of this Act is governed by the law in effect on the
259	265		date the application was submitted, and the former law is continued
260	266		in effect for that purpose.
261	267		SECTION 15. This Act takes effect September 1, 2019.
262		-	______________________________ ______________________________
263		-	President of the Senate Speaker of the House
264		-	I certify that H.B. No. 1342 was passed by the House on May 8,
265		-	2019, by the following vote: Yeas 147, Nays 0, 1 present, not
266		-	voting.
267		-	______________________________
268		-	Chief Clerk of the House
269		-	I certify that H.B. No. 1342 was passed by the Senate on May
270		-	22, 2019, by the following vote: Yeas 31, Nays 0.
271		-	______________________________
272		-	Secretary of the Senate
273		-	APPROVED: _____________________
274		-	Date
275		-	_____________________
276		-	Governor
	268	+	* * * * *