86R7262 BEE-F
By: Hinojosa S.B. No. 523
A BILL TO BE ENTITLED
AN ACT
relating to the consequences of a criminal conviction on a person's
eligibility for an occupational license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 3. 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 specific duties and responsibilities of the licensed
occupation.
SECTION 4. 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 5. 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 6. Subchapter B, Chapter 53, Occupations Code, is
amended by adding Section 53.0231 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).
SECTION 7. 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;
(2) the review procedure provided by Section 53.052;
[and]
(3) the earliest date the person may appeal the action
of the licensing authority; and
(4) if applicable, any remedial actions by the person
or relevant circumstances that the licensing authority would
consider in determining whether to approve the person's application
or allow the person to take the examination in the future.
SECTION 8. Section 53.023(c), Occupations Code, is
repealed.
SECTION 9. 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 10. This Act takes effect September 1, 2019.