87R17617 MAW-D
By: Allen, Guillen H.B. No. 4214
Substitute the following for H.B. No. 4214:
By: Murr C.S.H.B. No. 4214
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility for an occupational license by certain
former inmates and the practice of certain occupations by an inmate
of the Texas Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.4041(a-1), Occupations Code, is
amended to read as follows:
(a-1) Notwithstanding any other law, the alternative means
adopted under Subsection (a) may include accepting [as sufficient
evidence of a person's eligibility for a license] relevant
education, training, or experience obtained while the person was
imprisoned if the person:
(1) [previously held a license of the same type for
which the person is applying and the license was revoked under
Section 53.021(b);
[(2)] has not been convicted of, placed on deferred
adjudication for, or entered a plea of guilty or nolo contendere to:
(A) an offense listed in Article 42A.054, Code of
Criminal Procedure;
(B) a sexually violent offense, as defined by
Article 62.001, Code of Criminal Procedure; or
(C) an offense under Chapter 21 or 43, Penal
Code; and
(2) [(3)] while imprisoned [, maintained a record of
good behavior and]:
(A) successfully participated in a program
acceptable to the department to prepare the person for reentry into
the workforce in the occupation for which the person seeks a
license; or
(B) performed work, under supervision acceptable
to the department, [on a regular basis] in the occupation for which
the person seeks a license.
SECTION 2. Subchapter H, Chapter 51, Occupations Code, is
amended by adding Section 51.4042 to read as follows:
Sec. 51.4042. ELIGIBILITY OF INMATES FOR CERTAIN LICENSES.
Notwithstanding any other law, the commission may adopt rules
authorizing the issuance of a license under Chapter 1302, 1305,
1601, 1602, or 1603 to an applicant who is an inmate of the Texas
Department of Criminal Justice.
SECTION 3. Subchapter B, Chapter 1302, Occupations Code, is
amended by adding Section 1302.062 to read as follows:
Sec. 1302.062. INMATES. This chapter does not apply to a
person who performs air conditioning and refrigeration-related
work as an inmate in the Texas Department of Criminal Justice if the
work is performed as part of a reentry program or under supervision
acceptable to the department.
SECTION 4. Section 1305.003, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) This chapter does not apply to a person who performs
electrical work as an inmate in the Texas Department of Criminal
Justice if the work is performed as part of a reentry program or
under supervision acceptable to the department.
SECTION 5. Section 1601.003, Occupations Code, is amended
to read as follows:
Sec. 1601.003. APPLICATION OF CHAPTER. (a) This chapter
does not apply to a person who:
(1) does not represent or advertise to the public
directly or indirectly that the person is authorized by the
department to practice barbering; and
(2) is:
(A) a physician or registered nurse licensed in
this state and operating within the scope of the person's license;
(B) a commissioned or authorized medical or
surgical officer of the United States armed forces;
(C) a person regulated under Chapter 1602, if the
person practices within the scope of a permit, license, or
certificate issued by the department under that chapter; or
(D) [an inmate in the institutional division of
the Texas Department of Criminal Justice who performs barbering
during the person's incarceration; or
[(E)] a person who performs only natural hair
braiding, including braiding a person's hair, trimming hair
extensions only as applicable to the braiding process, and
attaching commercial hair by braiding and without the use of
chemicals or adhesives.
(b) This chapter does not apply to a person who performs
barbering as an inmate in the Texas Department of Criminal Justice
if the work is performed as part of a reentry program or under
supervision acceptable to the department.
SECTION 6. Section 1602.003, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) This chapter does not apply to a person who performs
cosmetology as an inmate in the Texas Department of Criminal
Justice if the work is performed as part of a reentry program or
under supervision acceptable to the department.
SECTION 7. This Act takes effect September 1, 2021.