TX
Texas House Bill HB4214

Texas 2021 - 87th Regular

Texas House Bill HB4214 Compare Versions

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1-87R17617 MAW-D
2- By: Allen, Guillen H.B. No. 4214
3- Substitute the following for H.B. No. 4214:
4- By: Murr C.S.H.B. No. 4214
1+By: Allen H.B. No. 4214
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
9- relating to the eligibility for an occupational license by certain
10- former inmates and the practice of certain occupations by an inmate
11- of the Texas Department of Criminal Justice.
6+ relating to obtaining a occupational license while incarcerated
127 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13- SECTION 1. Section 51.4041(a-1), Occupations Code, is
14- amended to read as follows:
15- (a-1) Notwithstanding any other law, the alternative means
16- adopted under Subsection (a) may include accepting [as sufficient
17- evidence of a person's eligibility for a license] relevant
18- education, training, or experience obtained while the person was
19- imprisoned if the person:
20- (1) [previously held a license of the same type for
21- which the person is applying and the license was revoked under
22- Section 53.021(b);
23- [(2)] has not been convicted of, placed on deferred
24- adjudication for, or entered a plea of guilty or nolo contendere to:
25- (A) an offense listed in Article 42A.054, Code of
26- Criminal Procedure;
27- (B) a sexually violent offense, as defined by
28- Article 62.001, Code of Criminal Procedure; or
29- (C) an offense under Chapter 21 or 43, Penal
30- Code; and
31- (2) [(3)] while imprisoned [, maintained a record of
32- good behavior and]:
33- (A) successfully participated in a program
34- acceptable to the department to prepare the person for reentry into
35- the workforce in the occupation for which the person seeks a
36- license; or
37- (B) performed work, under supervision acceptable
38- to the department, [on a regular basis] in the occupation for which
39- the person seeks a license.
40- SECTION 2. Subchapter H, Chapter 51, Occupations Code, is
41- amended by adding Section 51.4042 to read as follows:
42- Sec. 51.4042. ELIGIBILITY OF INMATES FOR CERTAIN LICENSES.
43- Notwithstanding any other law, the commission may adopt rules
44- authorizing the issuance of a license under Chapter 1302, 1305,
45- 1601, 1602, or 1603 to an applicant who is an inmate of the Texas
46- Department of Criminal Justice.
47- SECTION 3. Subchapter B, Chapter 1302, Occupations Code, is
48- amended by adding Section 1302.062 to read as follows:
49- Sec. 1302.062. INMATES. This chapter does not apply to a
50- person who performs air conditioning and refrigeration-related
51- work as an inmate in the Texas Department of Criminal Justice if the
52- work is performed as part of a reentry program or under supervision
53- acceptable to the department.
54- SECTION 4. Section 1305.003, Occupations Code, is amended
55- by adding Subsection (a-1) to read as follows:
56- (a-1) This chapter does not apply to a person who performs
57- electrical work as an inmate in the Texas Department of Criminal
58- Justice if the work is performed as part of a reentry program or
59- under supervision acceptable to the department.
60- SECTION 5. Section 1601.003, Occupations Code, is amended
61- to read as follows:
62- Sec. 1601.003. APPLICATION OF CHAPTER. (a) This chapter
63- does not apply to a person who:
64- (1) does not represent or advertise to the public
65- directly or indirectly that the person is authorized by the
66- department to practice barbering; and
67- (2) is:
68- (A) a physician or registered nurse licensed in
69- this state and operating within the scope of the person's license;
70- (B) a commissioned or authorized medical or
71- surgical officer of the United States armed forces;
72- (C) a person regulated under Chapter 1602, if the
73- person practices within the scope of a permit, license, or
74- certificate issued by the department under that chapter; or
75- (D) [an inmate in the institutional division of
76- the Texas Department of Criminal Justice who performs barbering
77- during the person's incarceration; or
78- [(E)] a person who performs only natural hair
79- braiding, including braiding a person's hair, trimming hair
80- extensions only as applicable to the braiding process, and
81- attaching commercial hair by braiding and without the use of
82- chemicals or adhesives.
83- (b) This chapter does not apply to a person who performs
84- barbering as an inmate in the Texas Department of Criminal Justice
85- if the work is performed as part of a reentry program or under
86- supervision acceptable to the department.
87- SECTION 6. Section 1602.003, Occupations Code, is amended
88- by adding Subsection (c) to read as follows:
89- (c) This chapter does not apply to a person who performs
90- cosmetology as an inmate in the Texas Department of Criminal
91- Justice if the work is performed as part of a reentry program or
92- under supervision acceptable to the department.
93- SECTION 7. This Act takes effect September 1, 2021.
8+ SECTION 1. Section 51.357, Occupations Code, is amended to
9+ read as follows:
10+ (a) As an alternative to denying, revoking, suspending, or
11+ refusing to issue or renew a license under Section 51.356 or
12+ 51.4012(a) or Chapter 53, the commission or executive director may
13+ issue a restricted license to an applicant, including an applicant
14+ incarcerated in the Texas Department of Criminal Justice, for a
15+ license under:
16+ (1) Chapter 1302; or
17+ (2) Chapter 1305.
18+ (b) The department may impose reasonable conditions on a
19+ holder of a restricted license, including requiring the license
20+ holder to:
21+ (1) limit the scope or location of the license holder's
22+ practice;
23+ (2) be supervised; and
24+ (3) report to the department, including notifying the
25+ department promptly of any change in the license holder's
26+ supervision.
27+ (c) The department may:
28+ (1) include on the face of a license and in the
29+ department's records a statement:
30+ (A) that the license is restricted; and
31+ (B) of any condition of the restricted license;
32+ and
33+ (2) use a distinctive design for a restricted license.
34+ (d) A license holder who supervises the holder of a
35+ restricted license shall use reasonable care to ensure that the
36+ license holder complies with any condition imposed under this
37+ section.
38+ (e) The commission or executive director may impose an
39+ administrative penalty or other sanction on the holder of a
40+ restricted license or on a license holder who supervises the person
41+ for a violation of this section.
42+ SECTION 2. This Act takes effect September 1, 2021.