Texas 2019 - 86th Regular

Texas Senate Bill SB523 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R7262 BEE-F
2	2	By: Hinojosa S.B. No. 523
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the consequences of a criminal conviction on a person's
8	8	eligibility for an occupational license.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 53, Occupations Code, is
11	11	amended by adding Section 53.003 to read as follows:
12	12	Sec. 53.003. LEGISLATIVE INTENT; LIBERAL CONSTRUCTION OF
13	13	SUBCHAPTER. (a) It is the intent of the legislature to enhance
14	14	opportunities for a person to obtain gainful employment after the
15	15	person has:
16	16	(1) been convicted of an offense; and
17	17	(2) discharged the sentence for the offense.
18	18	(b) This chapter shall be liberally construed to carry out
19	19	the intent of the legislature.
20	20	SECTION 2. Section 53.021(a), Occupations Code, is amended
21	21	to read as follows:
22	22	(a) Subject to Section 53.0231, a [A] licensing authority
23	23	may suspend or revoke a license, disqualify a person from receiving
24	24	a license, or deny to a person the opportunity to take a licensing
25	25	examination on the grounds that the person has been convicted of:
26	26	(1) an offense that directly relates to the duties and
27	27	responsibilities of the licensed occupation;
28	28	(2) [an offense that does not directly relate to the
29	29	duties and responsibilities of the licensed occupation and that was
30	30	committed less than five years before the date the person applies
31	31	for the license;
32	32	[(3)] an offense listed in Article 42A.054, Code of
33	33	Criminal Procedure; or
34	34	(3) [(4)] a sexually violent offense, as defined by
35	35	Article 62.001, Code of Criminal Procedure.
36	36	SECTION 3. Section 53.022, Occupations Code, is amended to
37	37	read as follows:
38	38	Sec. 53.022. FACTORS IN DETERMINING WHETHER CONVICTION
39	39	DIRECTLY RELATES TO OCCUPATION. In determining whether a criminal
40	40	conviction directly relates to the duties and responsibilities of a
41	41	licensed [an] occupation, the licensing authority shall consider
42	42	each of the following factors:
43	43	(1) the nature and seriousness of the crime;
44	44	(2) the relationship of the crime to the purposes for
45	45	requiring a license to engage in the occupation;
46	46	(3) the extent to which a license might offer an
47	47	opportunity to engage in further criminal activity of the same type
48	48	as that in which the person previously had been involved; [and]
49	49	(4) the relationship of the crime to the ability or [,]
50	50	capacity [, or fitness] required to perform the duties and
51	51	discharge the responsibilities of the licensed occupation; and
52	52	(5) any correlation between the elements of the crime
53	53	and the specific duties and responsibilities of the licensed
54	54	occupation.
55	55	SECTION 4. The heading to Section 53.023, Occupations Code,
56	56	is amended to read as follows:
57	57	Sec. 53.023. ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO
58	58	CONSIDER AFTER DETERMINING CONVICTION DIRECTLY RELATES TO
59	59	OCCUPATION.
60	60	SECTION 5. Sections 53.023(a) and (b), Occupations Code,
61	61	are amended to read as follows:
62	62	(a) If a licensing authority determines under Section
63	63	53.022 that a criminal conviction directly relates to the duties
64	64	and responsibilities of a licensed occupation, [In determining the
65	65	fitness to perform the duties and discharge the responsibilities of
66	66	the licensed occupation of a person who has been convicted of a
67	67	crime,] the licensing authority shall consider the following in
68	68	determining whether to take an action authorized by Section 53.021
69	69	[, in addition to the factors listed in Section 53.022]:
70	70	(1) the extent and nature of the person's past criminal
71	71	activity;
72	72	(2) the age of the person when the crime was committed;
73	73	(3) the amount of time that has elapsed since the
74	74	person's last criminal activity;
75	75	(4) the conduct and work activity of the person before
76	76	and after the criminal activity;
77	77	(5) evidence of the person's rehabilitation or
78	78	rehabilitative effort while incarcerated or after release; [and]
79	79	(6) evidence of the person's compliance with any
80	80	conditions of community supervision, parole, or mandatory
81	81	supervision; and
82	82	(7) other evidence of the person's fitness, including
83	83	letters of recommendation [from:
84	84	[(A) prosecutors and law enforcement and
85	85	correctional officers who prosecuted, arrested, or had custodial
86	86	responsibility for the person;
87	87	[(B) the sheriff or chief of police in the
88	88	community where the person resides; and
89	89	[(C) any other person in contact with the
90	90	convicted person].
91	91	(b) The applicant has the responsibility, to the extent
92	92	possible, to obtain and provide to the licensing authority the
93	93	recommendations described [of the prosecution, law enforcement,
94	94	and correctional authorities as required] by Subsection (a)(7)
95	95	[(a)(6)].
96	96	SECTION 6. Subchapter B, Chapter 53, Occupations Code, is
97	97	amended by adding Section 53.0231 to read as follows:
98	98	Sec. 53.0231. NOTICE OF PENDING DENIAL OF LICENSE. (a)
99	99	Notwithstanding any other law, a licensing authority may not deny a
100	100	person a license or the opportunity to be examined for a license
101	101	because of the person's prior conviction of an offense unless the
102	102	licensing authority:
103	103	(1) provides written notice to the person of the
104	104	reason for the intended denial; and
105	105	(2) allows the person not less than 30 days to submit
106	106	any relevant information to the licensing authority.
107	107	(b) A notice required under Subsection (a) must contain, as
108	108	applicable:
109	109	(1) a statement that the person is disqualified from
110	110	receiving the license or being examined for the license because of
111	111	the person's prior conviction of an offense specified in the
112	112	notice; or
113	113	(2) a statement that:
114	114	(A) the final decision of the licensing authority
115	115	to deny the person a license or the opportunity to be examined for
116	116	the license will be based on the factors listed in Section
117	117	53.023(a); and
118	118	(B) it is the person's responsibility to obtain
119	119	and provide to the licensing authority evidence regarding the
120	120	factors listed in Section 53.023(a).
121	121	SECTION 7. Section 53.051, Occupations Code, is amended to
122	122	read as follows:
123	123	Sec. 53.051. NOTICE. A licensing authority that suspends
124	124	or revokes a license or denies a person a license or the opportunity
125	125	to be examined for a license because of the person's prior
126	126	conviction of an offense [a crime and the relationship of the crime
127	127	to the license] shall notify the person in writing of:
128	128	(1) the reason for the suspension, revocation, denial,
129	129	or disqualification;
130	130	(2) the review procedure provided by Section 53.052;
131	131	[and]
132	132	(3) the earliest date the person may appeal the action
133	133	of the licensing authority; and
134	134	(4) if applicable, any remedial actions by the person
135	135	or relevant circumstances that the licensing authority would
136	136	consider in determining whether to approve the person's application
137	137	or allow the person to take the examination in the future.
138	138	SECTION 8. Section 53.023(c), Occupations Code, is
139	139	repealed.
140	140	SECTION 9. The changes in law made by this Act apply only to
141	141	an application for a license submitted on or after the effective
142	142	date of this Act. An application for a license submitted before the
143	143	effective date of this Act is governed by the law in effect on the
144	144	date the application was submitted, and the former law is continued
145	145	in effect for that purpose.
146	146	SECTION 10. This Act takes effect September 1, 2019.