86R8644 TSR-F
By: White H.B. No. 2233
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility for certain occupational licenses and
the use of a person's criminal history as grounds for certain
actions related to the license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 202.253(a-1), Occupations Code, is
amended to read as follows:
(a-1) The commission or department may refuse to admit a
person to an examination, and may refuse to issue a license to
practice podiatry to a person, for:
(1) presenting a license, certificate, or diploma that
was illegally or fraudulently obtained or engaging in fraud or
deception in passing the examination;
(2) being convicted of[:
[(A) a felony;
[(B) a crime that involves moral turpitude; or
[(C)] an offense under Section 202.606;
(3) engaging in habits of intemperance or drug
addiction that in the department's opinion would endanger the
health, well-being, or welfare of patients;
(4) engaging in grossly unprofessional or
dishonorable conduct of a character that in the department's
opinion is likely to deceive or defraud the public;
(5) directly or indirectly violating or attempting to
violate this chapter or a rule adopted under this chapter as a
principal, accessory, or accomplice;
(6) using any advertising statement of a character
tending to mislead or deceive the public;
(7) advertising professional superiority or the
performance of professional service in a superior manner;
(8) purchasing, selling, bartering, or using or
offering to purchase, sell, barter, or use a podiatry degree,
license, certificate, diploma, or a transcript of a license,
certificate, or diploma, in or incident to an application for a
license to practice podiatry;
(9) altering, with fraudulent intent, a podiatry
license, certificate, diploma, or a transcript of a podiatry
license, certificate, or diploma;
(10) using a podiatry license, certificate, or
diploma, or a transcript of a podiatry license, certificate, or
diploma, that has been fraudulently purchased, issued,
counterfeited, or materially altered;
(11) impersonating, or acting as proxy for, another
person in a podiatry license examination;
(12) impersonating a license holder, or permitting
another person to use the license holder's license to practice
podiatry in this state, to treat or offer to treat, by any method,
conditions and ailments of human feet;
(13) directly or indirectly employing a person whose
license to practice podiatry has been suspended or associating in
the practice of podiatry with a person whose license to practice
podiatry has been suspended or who has been convicted of the
unlawful practice of podiatry in this state or elsewhere;
(14) wilfully making in the application for a license
to practice podiatry a material misrepresentation or material
untrue statement;
(15) being unable to practice podiatry with reasonable
skill and safety to a patient because of age, illness, drunkenness,
or excessive use of drugs, narcotics, chemicals, or other
substances or as a result of a mental or physical condition;
(16) failing to practice podiatry in an acceptable
manner consistent with public health and welfare;
(17) being removed, suspended, or disciplined in
another manner by the podiatrist's peers in a professional podiatry
association or society, whether local, regional, state, or national
in scope, or being disciplined by a licensed hospital or the medical
staff of a hospital, including removal, suspension, limitation of
hospital privileges, or other disciplinary action, if the
commission or department determines that the action was:
(A) based on unprofessional conduct or
professional incompetence likely to harm the public; and
(B) appropriate and reasonably supported by
evidence submitted to the association, society, hospital, or
medical staff; or
(18) having repeated or recurring meritorious health
care liability claims filed against the podiatrist that in
the commission's or department's opinion are evidence of
professional incompetence likely to injure the public.
SECTION 2. Section 203.404(a), Occupations Code, is amended
to read as follows:
(a) The commission or executive director may discipline a
licensed midwife, refuse to renew a midwife's license, or refuse to
issue a license to an applicant if the person:
(1) violates this chapter or a rule adopted under this
chapter;
(2) submits false or misleading information to the
department;
(3) [is convicted of a misdemeanor involving moral
turpitude or a felony;
[(4)] uses alcohol or drugs intemperately;
(4) [(5)] engages in unprofessional or dishonorable
conduct that may reasonably be determined to deceive or defraud the
public;
(5) [(6)] is unable to practice midwifery with
reasonable skill and safety because of illness, disability, or
psychological impairment;
(6) [(7)] is determined by a court judgment to be
mentally impaired;
(7) [(8)] submits a birth or death certificate known
by the person to be false or fraudulent or engages in another act
that violates Title 3, Health and Safety Code, or a rule adopted
under that title;
(8) [(9)] violates Chapter 244, Health and Safety
Code, or a rule adopted under that chapter; or
(9) [(10)] fails to practice midwifery in a manner
consistent with the public health and safety.
SECTION 3. Sections 802.107(a) and (b), Occupations Code,
are amended to read as follows:
(a) The department shall deny issuance of a license to, or
refuse to renew the license of, a person if the person or a
controlling person of the dog or cat breeder has pled guilty or nolo
contendere to, been convicted of, or received deferred adjudication
for animal cruelty or neglect in this state or any other
jurisdiction in the five years preceding the person's initial or
renewal application for a license.
(b) A [The department shall revoke a] license issued under
this chapter is revoked in the manner provided by Section 802.108
if, after the license is issued, the licensed breeder [person] or a
controlling person of the licensed [dog or cat] breeder pleads
guilty or nolo contendere to, is convicted of, or receives deferred
adjudication for animal cruelty or neglect in this state or any
other jurisdiction.
SECTION 4. Subchapter C, Chapter 802, Occupations Code, is
amended by adding Section 802.108 to read as follows:
Sec. 802.108. REQUIRED REVOCATION FOR CERTAIN OFFENSES;
PROCEDURE. (a) On discovery by the department that a licensed
breeder or a controlling person of the licensed breeder has been
convicted of, entered a plea of nolo contendere or guilty to, or
received deferred adjudication for an offense described by Section
802.107(b), the department shall notify the licensed breeder that
the breeder is disqualified from holding a license under this
chapter and that the license will be revoked.
(b) The notice must:
(1) include a brief summary of the grounds for
disqualification; and
(2) inform the licensed breeder of the right to a
hearing to contest the revocation.
(c) Not later than the 20th day after the date the licensed
breeder receives the notice of revocation under this section, the
breeder may submit a written request for a hearing to contest the
revocation.
(d) If the licensed breeder does not request a hearing
within the period prescribed by Subsection (c), the department
shall:
(1) enter an order revoking the license; and
(2) notify the breeder of the order.
(e) If the licensed breeder requests a hearing within the
period prescribed by Subsection (c), the State Office of
Administrative Hearings shall conduct the hearing.
(f) Based on the findings from the hearing, the department
shall:
(1) determine whether the licensed breeder is
disqualified from holding a license under this chapter based on the
grounds described by Subsection (a); and
(2) if the department determines that the licensed
breeder is disqualified:
(A) enter an order revoking the license; and
(B) notify the breeder of the order.
(g) Notwithstanding Chapter 2001, Government Code, a
determination under Subsection (f) is not subject to judicial
review.
(h) If the conviction, plea, or grant of deferred
adjudication that is the basis for a revocation under this section
is vacated, set aside, or otherwise overturned on appeal, the
former licensed breeder may apply to the department for issuance of
a new license.
SECTION 5. Section 1305.152(a), Occupations Code, is
amended to read as follows:
(a) An applicant for a license under this chapter must:
(1) submit to the department a completed application
on a form prescribed by the executive director;
(2) submit to the department any other information
required by executive director rule;
(3) demonstrate to the satisfaction of the executive
director the appropriate amount of electrical work experience as
required by this subchapter; and
(4) [demonstrate the applicant's honesty,
trustworthiness, and integrity; and
[(5)] pay the application and examination fees.
SECTION 6. Section 1802.052(a), Occupations Code, is
amended to read as follows:
(a) An individual is eligible for an auctioneer's license if
the individual:
(1) is at least 18 years of age;
(2) is a citizen of the United States or a legal alien;
(3) either:
(A) passes a written or oral examination
demonstrating knowledge of the auction business and of the laws of
this state relating to the auction business; or
(B) shows proof of employment by a licensed
auctioneer for at least two years and participation in at least 10
auctions during that employment;
(4) holds a high school diploma or a high school
equivalency certificate; and
(5) [has not been convicted of a felony during the five
years preceding the date of application; and
[(6)] has completed at least 80 hours of classroom
instruction at an auction school with a curriculum approved by the
department in accordance with the standards and procedures
established by rule adopted under this chapter.
SECTION 7. Section 203.404(a), Occupations Code, as amended
by this Act, applies only to a disciplinary action taken on or after
the effective date of this Act. A disciplinary action taken before
the effective date of this Act is governed by the law in effect on
the date the action was taken, and the former law is continued in
effect for that purpose.
SECTION 8. Section 802.107(b), Occupations Code, as amended
by this Act, and Section 802.108, Occupations Code, as added by this
Act, apply only to an offense committed on or after the effective
date of this Act. An offense committed before the effective date of
this Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 9. Sections 1305.152 and 1802.052, Occupations
Code, as amended by this Act, apply only to an application for a
license submitted on or after the effective date of this Act. An
application 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 10. This Act takes effect September 1, 2019.