88R7993 JTZ-D
By: Collier H.B. No. 5116
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility for certain occupational licenses based
on an arrest or conviction for certain offenses involving a
controlled substance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 802.107, Occupations Code, is amended by
adding Subsection (d) to read as follows:
(d) Notwithstanding Sections 51.356 and 51.4012 and Chapter
53, the department may not deny issuance of a license to, refuse to
renew the license of, or revoke or suspend a license held by a
person based on the person's arrest or conviction for an offense
involving the possession, manufacture, or delivery of a controlled
substance.
SECTION 2. Section 1603.401, Occupations Code, is amended
to read as follows:
Sec. 1603.401. DENIAL, SUSPENSION, OR REVOCATION. (a) The
department may deny an application for issuance or renewal of, or
may suspend or revoke, a license or permit if the applicant or
person holding the license or permit:
(1) engages in gross malpractice;
(2) knowingly continues to practice while having an
infectious or contagious disease;
(3) knowingly makes a false or deceptive statement in
advertising;
(4) advertises, practices, or attempts to practice
under another person's name or trade name;
(5) engages in fraud or deceit in obtaining a license
or permit; or
(6) engages in an act that violates this chapter or
Chapter 51 or a rule or order adopted or issued under this chapter
or Chapter 51.
(b) Notwithstanding Sections 51.356 and 51.4012 and Chapter
53, the department may not deny an application for issuance or
renewal of, or suspend or revoke, a license or permit based on the
arrest or conviction of the applicant or license or permit holder
for an offense involving the possession, manufacture, or delivery
of a controlled substance.
SECTION 3. This Act takes effect September 1, 2023.