Texas 2023 - 88th Regular

Texas Senate Bill SB734 Compare Versions

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1	1	88R7710 BEE-F
2	2	By: Hinojosa S.B. No. 734
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(a), Occupations Code, is amended
45	45	to read as follows:
46	46	(a) Subject to Section 53.0231, a licensing authority may
47	47	suspend or revoke a license, disqualify a person from receiving a
48	48	license, or deny to a person the opportunity to take a licensing
49	49	examination on the grounds that the person:
50	50	(1) has been convicted of:
51	51	(A) [(1)] an offense that directly relates to the
52	52	duties and responsibilities of the licensed occupation;
53	53	(B) [(2)] an offense listed in Article 42A.054,
54	54	Code of Criminal Procedure; or
55	55	(C) [(3)] a sexually violent offense, as defined
56	56	by Article 62.001, Code of Criminal Procedure; and
57	57	(2) applied for the license or to take the licensing
58	58	examination:
59	59	(A) before the fifth anniversary of the later of
60	60	the date of conviction or the person's release from confinement if
61	61	the person's sentence for the offense included a term of
62	62	confinement;
63	63	(B) after the period described by Paragraph (A)
64	64	if the person has been convicted of another offense committed after
65	65	the offense described by Subdivision (1); or
66	66	(C) at any time if the offense of which the person
67	67	was convicted:
68	68	(i) is listed in Article 42A.054, Code of
69	69	Criminal Procedure;
70	70	(ii) requires registration as a sex
71	71	offender under Chapter 62, Code of Criminal Procedure;
72	72	(iii) is under Section 19.04, Penal Code
73	73	(manslaughter);
74	74	(iv) is under Section 19.05, Penal Code
75	75	(criminally negligent homicide);
76	76	(v) is under Section 20.03, Penal Code
77	77	(kidnapping);
78	78	(vi) is under Section 22.01(a)(1), Penal
79	79	Code (assault), and the offense:
80	80	(a) is punishable as a felony of the
81	81	second degree under Subsection (b-2) of that section; or
82	82	(b) involves family violence as
83	83	defined by Section 71.004, Family Code;
84	84	(vii) is under Section 22.02, Penal Code
85	85	(aggravated assault);
86	86	(viii) is under Section 25.072, Penal Code
87	87	(repeated violation of certain court orders or conditions of bond
88	88	in family violence, child abuse or neglect, sexual assault or
89	89	abuse, indecent assault, stalking, or trafficking case);
90	90	(ix) is under Section 25.11, Penal Code
91	91	(continuous violence against the family); or
92	92	(x) is under Section 38.14, Penal Code
93	93	(taking or attempting to take weapon from peace officer, federal
94	94	special investigator, employee or official of correctional
95	95	facility, parole officer, community supervision and corrections
96	96	department officer, or commissioned security officer).
97	97	SECTION 3. Section 53.022, Occupations Code, is amended to
98	98	read as follows:
99	99	Sec. 53.022. FACTORS IN DETERMINING WHETHER CONVICTION
100	100	DIRECTLY RELATES TO OCCUPATION. (a) In determining whether a
101	101	criminal conviction directly relates to the duties and
102	102	responsibilities of a licensed occupation, the licensing authority
103	103	shall consider each of the following factors:
104	104	(1) the nature and seriousness of the crime;
105	105	(2) the relationship of the crime to the purposes for
106	106	requiring a license to engage in the occupation;
107	107	(3) the extent to which a license might offer an
108	108	opportunity to engage in further criminal activity of the same type
109	109	as that in which the person previously had been involved;
110	110	(4) the relationship of the crime to the ability or
111	111	capacity required to perform the duties and discharge the
112	112	responsibilities of the licensed occupation; and
113	113	(5) any correlation between the elements of the crime
114	114	and the duties and responsibilities of the licensed occupation.
115	115	(b) A licensing authority may not determine under
116	116	Subsection (a) that a conviction relates to the duties and
117	117	responsibilities of the licensed occupation for purposes of taking
118	118	an action authorized by Section 53.021 unless the authority finds
119	119	by a preponderance of the evidence that consideration of the
120	120	factors listed in Subsection (a) supports that determination.
121	121	SECTION 4. The heading to Section 53.023, Occupations Code,
122	122	is amended to read as follows:
123	123	Sec. 53.023. ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO
124	124	CONSIDER [AFTER DETERMINING CONVICTION DIRECTLY RELATES TO
125	125	OCCUPATION].
126	126	SECTION 5. Section 53.023, Occupations Code, is amended by
127	127	amending Subsection (a) and adding Subsection (c) to read as
128	128	follows:
129	129	(a) If a licensing authority determines [under Section
130	130	53.022] that a person has been convicted of an offense that is
131	131	grounds for the authority to take an action authorized by Section
132	132	53.021 [criminal conviction directly relates to the duties and
133	133	responsibilities of a licensed occupation], the [licensing]
134	134	authority shall consider the following in determining whether to
135	135	take an action authorized by Section 53.021:
136	136	(1) the extent and nature of the person's past criminal
137	137	activity;
138	138	(2) the age of the person when the crime was committed;
139	139	(3) the amount of time that has elapsed since the
140	140	person's last criminal activity;
141	141	(4) the conduct and work activity of the person before
142	142	and after the criminal activity;
143	143	(5) evidence of the person's rehabilitation or
144	144	rehabilitative effort [while incarcerated or after release];
145	145	(6) evidence of the person's compliance with any
146	146	conditions of community supervision, parole, or mandatory
147	147	supervision; and
148	148	(7) other evidence of the person's fitness, including
149	149	letters of recommendation.
150	150	(c) In making a determination under this section, a
151	151	licensing authority may not take an action authorized by Section
152	152	53.021 unless the authority finds by a preponderance of the
153	153	evidence that consideration of the factors listed in Subsection (a)
154	154	supports taking that action.
155	155	SECTION 6. Subchapter C, Chapter 53, Occupations Code, is
156	156	amended by adding Section 53.053 to read as follows:
157	157	Sec. 53.053. BURDEN OF PROOF. In a hearing on the
158	158	administrative appeal or judicial review of a licensing authority's
159	159	decision to take an action authorized by Section 53.021, the
160	160	licensing authority has the burden of proving by a preponderance of
161	161	the evidence that:
162	162	(1) the offense for which the person was convicted is
163	163	grounds for the authority to take the action; and
164	164	(2) consideration of the factors required by Section
165	165	53.023(a) supports the authority's decision to take the action.
166	166	SECTION 7. (a) Sections 53.021, 53.022, and 53.023,
167	167	Occupations Code, as amended by this Act, apply only to an action
168	168	taken by a licensing authority to suspend or revoke a license,
169	169	disqualify a person from receiving a license, or deny to a person
170	170	the opportunity to take a licensing examination that occurs on or
171	171	after January 1, 2024. An action taken by a licensing authority
172	172	before that date is governed by the law in effect immediately before
173	173	the effective date of this Act, and the former law is continued in
174	174	effect for that purpose.
175	175	(b) Section 53.053, Occupations Code, as added by this Act,
176	176	applies only to a proceeding commenced on or after January 1, 2024.
177	177	A proceeding commenced before that date is governed by the law in
178	178	effect immediately before the effective date of this Act, and the
179	179	former law is continued in effect for that purpose.
180	180	SECTION 8. As soon as practicable after the effective date
181	181	of this Act, each licensing authority subject to Chapter 53,
182	182	Occupations Code, as amended by this Act, shall make changes to the
183	183	authority's license applications and Internet website as necessary
184	184	to implement Section 53.004, Occupations Code, as added by this
185	185	Act.
186	186	SECTION 9. Not later than January 15, 2025, each licensing
187	187	authority subject to Chapter 53, Occupations Code, as amended by
188	188	this Act, shall submit the initial report required by Section
189	189	53.005, Occupations Code, as added by this Act.
190	190	SECTION 10. This Act takes effect September 1, 2023.