Texas 2023 - 88th Regular

Texas House Bill HB1747 Compare Versions

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1	1	88R19626 BEE-F
2	2	By: Leach, Jones of Dallas H.B. No. 1747
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 Sections 53.004 and 53.005 to read as follows:
12	12	Sec. 53.004. NOTICE TO LICENSING APPLICANTS. A licensing
13	13	authority to which this chapter applies shall include a notice in
14	14	the application form for each type of license issued by the
15	15	authority and on the authority's Internet website stating:
16	16	(1) that an applicant's prior criminal conviction may
17	17	be grounds for disqualifying the applicant from receiving a
18	18	license;
19	19	(2) the factors listed in Sections 53.022 and 53.023
20	20	for determining whether a prior criminal conviction constitutes
21	21	grounds for denying an applicant from receiving a license; and
22	22	(3) the right of certain students enrolled in
23	23	educational programs that prepare a person for a license or
24	24	licensing examination to request a criminal history evaluation
25	25	letter under Section 53.102.
26	26	Sec. 53.005. REPORTING. (a) A licensing authority to which
27	27	this chapter applies shall maintain a record of the total number of
28	28	each of the following for each type of license issued by the
29	29	authority:
30	30	(1) applications received;
31	31	(2) applications approved;
32	32	(3) applications denied for any reason;
33	33	(4) applications denied because of the applicant's
34	34	prior criminal conviction or placement on deferred adjudication
35	35	community supervision; and
36	36	(5) criminal history evaluation letters requested
37	37	under Section 53.102.
38	38	(b) Not later than January 15 of each year, each licensing
39	39	authority shall prepare a report of the information maintained
40	40	under Subsection (a) for the preceding calendar year and shall:
41	41	(1) submit the report to the legislature; and
42	42	(2) publish the report on the authority's Internet
43	43	website.
44	44	SECTION 2. Section 53.021, Occupations Code, is amended by
45	45	amending Subsection (a) and adding Subsection (b-1) to read as
46	46	follows:
47	47	(a) Subject to Section 53.0231, a licensing authority may
48	48	suspend or revoke a license, disqualify a person from receiving or
49	49	renewing a license, or deny to a person the opportunity to take a
50	50	licensing examination on the grounds that the person:
51	51	(1) has been convicted of:
52	52	(A) [(1)] an offense that directly relates to the
53	53	duties and responsibilities of the licensed occupation;
54	54	(B) [(2)] an offense listed in Article 42A.054,
55	55	Code of Criminal Procedure; or
56	56	(C) [(3)] a sexually violent offense, as defined
57	57	by Article 62.001, Code of Criminal Procedure; and
58	58	(2) applied for the license or to take the licensing
59	59	examination:
60	60	(A) before the fifth anniversary of the later of
61	61	the date of conviction or the person's release from confinement if
62	62	the person's sentence for the offense included a term of
63	63	confinement;
64	64	(B) after the period described by Paragraph (A)
65	65	if the person has been convicted of another offense committed after
66	66	the offense described by Subdivision (1); or
67	67	(C) at any time if the offense of which the person
68	68	was convicted:
69	69	(i) is listed in Article 42A.054, Code of
70	70	Criminal Procedure;
71	71	(ii) requires registration as a sex
72	72	offender under Chapter 62, Code of Criminal Procedure;
73	73	(iii) is under Section 15.031(a), Penal
74	74	Code (criminal solicitation of a minor);
75	75	(iv) is under Section 19.04, Penal Code
76	76	(manslaughter);
77	77	(v) is under Section 19.05, Penal Code
78	78	(criminally negligent homicide);
79	79	(vi) is under Section 20.03, Penal Code
80	80	(kidnapping);
81	81	(vii) is under Section 22.01(a)(1), Penal
82	82	Code (assault), and the offense:
83	83	(a) is punishable as a felony of the
84	84	second degree under Subsection (b-2) of that section; or
85	85	(b) involves family violence as
86	86	defined by Section 71.004, Family Code;
87	87	(viii) is under Section 22.012, Penal Code
88	88	(indecent assault);
89	89	(ix) is under Section 22.02, Penal Code
90	90	(aggravated assault);
91	91	(x) is under Section 22.04, Penal Code
92	92	(injury to a child, elderly individual, or disabled individual),
93	93	and the offense is punishable as:
94	94	(a) a felony of the first degree under
95	95	Subsection (e) of that section; or
96	96	(b) a felony of the second or third
97	97	degree under Subsection (f) of that section;
98	98	(xi) is under Section 25.072, Penal Code
99	99	(repeated violation of certain court orders or conditions of bond
100	100	in family violence, child abuse or neglect, sexual assault or
101	101	abuse, indecent assault, stalking, or trafficking case);
102	102	(xii) is under Section 25.11, Penal Code
103	103	(continuous violence against the family); or
104	104	(xiii) is under Section 38.14, Penal Code
105	105	(taking or attempting to take weapon from peace officer, federal
106	106	special investigator, employee or official of correctional
107	107	facility, parole officer, community supervision and corrections
108	108	department officer, or commissioned security officer).
109	109	(b-1) Subsection (b) does not prohibit a licensing
110	110	authority from accepting an application from an inmate imprisoned
111	111	in the Texas Department of Criminal Justice.
112	112	SECTION 3. Section 53.022, Occupations Code, is amended to
113	113	read as follows:
114	114	Sec. 53.022. FACTORS IN DETERMINING WHETHER CONVICTION
115	115	DIRECTLY RELATES TO OCCUPATION. (a) In determining whether a
116	116	criminal conviction directly relates to the duties and
117	117	responsibilities of a licensed occupation, the licensing authority
118	118	shall consider each of the following factors:
119	119	(1) the nature and seriousness of the crime;
120	120	(2) the relationship of the crime to the purposes for
121	121	requiring a license to engage in the occupation;
122	122	(3) the extent to which a license might offer an
123	123	opportunity to engage in further criminal activity of the same type
124	124	as that in which the person previously had been involved;
125	125	(4) the relationship of the crime to the ability or
126	126	capacity required to perform the duties and discharge the
127	127	responsibilities of the licensed occupation; and
128	128	(5) any correlation between the elements of the crime
129	129	and the duties and responsibilities of the licensed occupation.
130	130	(b) A licensing authority may not determine under
131	131	Subsection (a) that a conviction relates to the duties and
132	132	responsibilities of the licensed occupation for purposes of taking
133	133	an action authorized by Section 53.021 unless the authority finds
134	134	by a preponderance of the evidence that consideration of the
135	135	factors listed in Subsection (a) supports that determination.
136	136	SECTION 4. The heading to Section 53.023, Occupations Code,
137	137	is amended to read as follows:
138	138	Sec. 53.023. ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO
139	139	CONSIDER [AFTER DETERMINING CONVICTION DIRECTLY RELATES TO
140	140	OCCUPATION].
141	141	SECTION 5. Section 53.023, Occupations Code, is amended by
142	142	amending Subsection (a) and adding Subsection (c) to read as
143	143	follows:
144	144	(a) If a licensing authority determines [under Section
145	145	53.022] that a person has been convicted of an offense that is
146	146	grounds for the authority to take an action authorized by Section
147	147	53.021 [criminal conviction directly relates to the duties and
148	148	responsibilities of a licensed occupation], the [licensing]
149	149	authority shall consider the following in determining whether to
150	150	take an action authorized by Section 53.021:
151	151	(1) the extent and nature of the person's past criminal
152	152	activity;
153	153	(2) the age of the person when the crime was committed;
154	154	(3) the amount of time that has elapsed since the
155	155	person's last criminal activity;
156	156	(4) the conduct and work activity of the person before
157	157	and after the criminal activity;
158	158	(5) evidence of the person's rehabilitation or
159	159	rehabilitative effort [while incarcerated or after release];
160	160	(6) evidence of the person's compliance with any
161	161	conditions of community supervision, parole, or mandatory
162	162	supervision; and
163	163	(7) other evidence of the person's fitness, including
164	164	letters of recommendation.
165	165	(c) In making a determination under this section, a
166	166	licensing authority may not take an action authorized by Section
167	167	53.021 unless the authority finds by a preponderance of the
168	168	evidence that consideration of the factors listed in Subsection (a)
169	169	supports taking that action.
170	170	SECTION 6. Subchapter C, Chapter 53, Occupations Code, is
171	171	amended by adding Section 53.053 to read as follows:
172	172	Sec. 53.053. BURDEN OF PROOF. In a hearing on the
173	173	administrative appeal or judicial review of a licensing authority's
174	174	decision to take an action authorized by Section 53.021, the
175	175	licensing authority has the burden of proving by a preponderance of
176	176	the evidence that:
177	177	(1) the offense for which the person was convicted is
178	178	grounds for the authority to take the action; and
179	179	(2) consideration of the factors required by Section
180	180	53.023(a) supports the authority's decision to take the action.
181	181	SECTION 7. (a) Sections 53.021, 53.022, and 53.023,
182	182	Occupations Code, as amended by this Act, apply only to an action
183	183	taken by a licensing authority to suspend or revoke a license,
184	184	disqualify a person from receiving a license, or deny to a person
185	185	the opportunity to take a licensing examination that occurs on or
186	186	after January 1, 2024. An action taken by a licensing authority
187	187	before that date is governed by the law in effect immediately before
188	188	the effective date of this Act, and the former law is continued in
189	189	effect for that purpose.
190	190	(b) Section 53.053, Occupations Code, as added by this Act,
191	191	applies only to a proceeding commenced on or after January 1, 2024.
192	192	A proceeding commenced before that date is governed by the law in
193	193	effect immediately before the effective date of this Act, and the
194	194	former law is continued in effect for that purpose.
195	195	SECTION 8. As soon as practicable after the effective date
196	196	of this Act, each licensing authority subject to Chapter 53,
197	197	Occupations Code, as amended by this Act, shall make changes to the
198	198	authority's license applications and Internet website as necessary
199	199	to implement Section 53.004, Occupations Code, as added by this
200	200	Act.
201	201	SECTION 9. Not later than January 15, 2025, each licensing
202	202	authority subject to Chapter 53, Occupations Code, as amended by
203	203	this Act, shall submit the initial report required by Section
204	204	53.005, Occupations Code, as added by this Act.
205	205	SECTION 10. This Act takes effect September 1, 2023.