Texas 2025 - 89th Regular

Texas Senate Bill SB1053 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3296 BEE-F
2	2	By: Hinojosa of Hidalgo S.B. No. 1053
3	3
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the consequences of a criminal conviction on a person's
10	10	eligibility for an occupational license.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 53, Occupations Code, is
13	13	amended by adding Sections 53.004 and 53.005 to read as follows:
14	14	Sec. 53.004. NOTICE TO LICENSING APPLICANTS. (a) A
15	15	licensing authority to which this chapter applies shall include a
16	16	notice in the application form for each type of license issued by
17	17	the authority and on the authority's Internet website stating:
18	18	(1) that an applicant's prior criminal conviction may
19	19	be grounds for disqualifying the applicant from receiving a
20	20	license;
21	21	(2) the factors listed in Sections 53.022 and 53.023
22	22	for determining whether a prior criminal conviction constitutes
23	23	grounds for denying an applicant from receiving a license; and
24	24	(3) the right of certain students enrolled in
25	25	educational programs that prepare a person for a license or
26	26	licensing examination to request a criminal history evaluation
27	27	letter under Section 53.102.
28	28	(b) This section does not apply to the State Securities
29	29	Board.
30	30	Sec. 53.005. REPORTING. (a) A licensing authority to which
31	31	this chapter applies shall maintain a record of the total number of
32	32	each of the following for each type of license issued by the
33	33	authority:
34	34	(1) applications received;
35	35	(2) applications approved;
36	36	(3) applications denied for any reason;
37	37	(4) applications denied because of the applicant's
38	38	prior criminal conviction or placement on deferred adjudication
39	39	community supervision; and
40	40	(5) criminal history evaluation letters requested
41	41	under Section 53.102.
42	42	(b) Not later than January 15 of each year, each licensing
43	43	authority shall prepare a report of the information maintained
44	44	under Subsection (a) for the preceding calendar year and shall:
45	45	(1) submit the report to the legislature; and
46	46	(2) publish the report on the authority's Internet
47	47	website.
48	48	SECTION 2. Section 53.021, Occupations Code, is amended by
49	49	amending Subsection (a) and adding Subsection (b-1) to read as
50	50	follows:
51	51	(a) Subject to Section 53.0231, a licensing authority may
52	52	suspend or revoke a license, disqualify a person from receiving or
53	53	renewing a license, or deny to a person the opportunity to take a
54	54	licensing examination on the grounds that the person:
55	55	(1) has been convicted of:
56	56	(A) [(1)] an offense that directly relates to the
57	57	duties and responsibilities of the licensed occupation;
58	58	(B) [(2)] an offense listed in Article 42A.054,
59	59	Code of Criminal Procedure; or
60	60	(C) [(3)] a sexually violent offense, as defined
61	61	by Article 62.001, Code of Criminal Procedure; and
62	62	(2) applied for the license or to take the licensing
63	63	examination:
64	64	(A) before the fifth anniversary of the later of
65	65	the date of conviction or the person's release from confinement if
66	66	the person's sentence for the offense included a term of
67	67	confinement;
68	68	(B) after the period described by Paragraph (A)
69	69	if the person has been convicted of another offense committed after
70	70	the offense described by Subdivision (1); or
71	71	(C) at any time if the offense of which the person
72	72	was convicted:
73	73	(i) is listed in Article 42A.054, Code of
74	74	Criminal Procedure;
75	75	(ii) requires registration as a sex
76	76	offender under Chapter 62, Code of Criminal Procedure;
77	77	(iii) is under Section 15.031(a), Penal
78	78	Code (criminal solicitation of a minor);
79	79	(iv) is under Section 19.04, Penal Code
80	80	(manslaughter);
81	81	(v) is under Section 19.05, Penal Code
82	82	(criminally negligent homicide);
83	83	(vi) is under Section 20.03, Penal Code
84	84	(kidnapping);
85	85	(vii) is under Section 22.01(a)(1), Penal
86	86	Code (assault), and the offense:
87	87	(a) is punishable as a felony of the
88	88	second degree under Subsection (b-2) of that section; or
89	89	(b) involves family violence as
90	90	defined by Section 71.004, Family Code;
91	91	(viii) is under Section 22.012, Penal Code
92	92	(indecent assault);
93	93	(ix) is under Section 22.02, Penal Code
94	94	(aggravated assault);
95	95	(x) is under Section 22.04, Penal Code
96	96	(injury to a child, elderly individual, or disabled individual),
97	97	and the offense is punishable as:
98	98	(a) a felony of the first degree under
99	99	Subsection (e) of that section; or
100	100	(b) a felony of the second or third
101	101	degree under Subsection (f) of that section;
102	102	(xi) is under Section 25.072, Penal Code
103	103	(repeated violation of certain court orders or conditions of bond
104	104	in family violence, child abuse or neglect, sexual assault or
105	105	abuse, indecent assault, stalking, or trafficking case);
106	106	(xii) is under Section 25.11, Penal Code
107	107	(continuous violence against the family); or
108	108	(xiii) is under Section 38.14, Penal Code
109	109	(taking or attempting to take weapon from peace officer, federal
110	110	special investigator, employee or official of correctional
111	111	facility, parole officer, community supervision and corrections
112	112	department officer, or commissioned security officer).
113	113	(b-1) Subsection (b) does not prohibit a licensing
114	114	authority from accepting an application from an inmate imprisoned
115	115	in the Texas Department of Criminal Justice.
116	116	SECTION 3. Section 53.022, Occupations Code, is amended to
117	117	read as follows:
118	118	Sec. 53.022. FACTORS IN DETERMINING WHETHER CONVICTION
119	119	DIRECTLY RELATES TO OCCUPATION. (a) In determining whether a
120	120	criminal conviction directly relates to the duties and
121	121	responsibilities of a licensed occupation, the licensing authority
122	122	shall consider each of the following factors:
123	123	(1) the nature and seriousness of the crime;
124	124	(2) the relationship of the crime to the purposes for
125	125	requiring a license to engage in the occupation;
126	126	(3) the extent to which a license might offer an
127	127	opportunity to engage in further criminal activity of the same type
128	128	as that in which the person previously had been involved;
129	129	(4) the relationship of the crime to the ability or
130	130	capacity required to perform the duties and discharge the
131	131	responsibilities of the licensed occupation; and
132	132	(5) any correlation between the elements of the crime
133	133	and the duties and responsibilities of the licensed occupation.
134	134	(b) A licensing authority may not determine under
135	135	Subsection (a) that a conviction relates to the duties and
136	136	responsibilities of the licensed occupation for purposes of taking
137	137	an action authorized by Section 53.021 unless the authority finds
138	138	by a preponderance of the evidence that consideration of the
139	139	factors listed in Subsection (a) supports that determination.
140	140	SECTION 4. The heading to Section 53.023, Occupations Code,
141	141	is amended to read as follows:
142	142	Sec. 53.023. ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO
143	143	CONSIDER [AFTER DETERMINING CONVICTION DIRECTLY RELATES TO
144	144	OCCUPATION].
145	145	SECTION 5. Section 53.023, Occupations Code, is amended by
146	146	amending Subsection (a) and adding Subsection (c) to read as
147	147	follows:
148	148	(a) If a licensing authority determines [under Section
149	149	53.022] that a person has been convicted of an offense that is
150	150	grounds for the authority to take an action authorized by Section
151	151	53.021 [criminal conviction directly relates to the duties and
152	152	responsibilities of a licensed occupation], the [licensing]
153	153	authority shall consider the following in determining whether to
154	154	take an action authorized by Section 53.021:
155	155	(1) the extent and nature of the person's past criminal
156	156	activity;
157	157	(2) the age of the person when the crime was committed;
158	158	(3) the amount of time that has elapsed since the
159	159	person's last criminal activity;
160	160	(4) the conduct and work activity of the person before
161	161	and after the criminal activity;
162	162	(5) evidence of the person's rehabilitation or
163	163	rehabilitative effort [while incarcerated or after release];
164	164	(6) evidence of the person's compliance with any
165	165	conditions of community supervision, parole, or mandatory
166	166	supervision; and
167	167	(7) other evidence of the person's fitness, including
168	168	letters of recommendation.
169	169	(c) In making a determination under this section, a
170	170	licensing authority may not take an action authorized by Section
171	171	53.021 unless the authority finds by a preponderance of the
172	172	evidence that consideration of the factors listed in Subsection (a)
173	173	supports taking that action.
174	174	SECTION 6. Subchapter C, Chapter 53, Occupations Code, is
175	175	amended by adding Section 53.053 to read as follows:
176	176	Sec. 53.053. BURDEN OF PROOF. In a hearing on the
177	177	administrative appeal or judicial review of a licensing authority's
178	178	decision to take an action authorized by Section 53.021, the
179	179	licensing authority has the burden of proving by a preponderance of
180	180	the evidence that:
181	181	(1) the offense for which the person was convicted is
182	182	grounds for the authority to take the action; and
183	183	(2) consideration of the factors required by Section
184	184	53.023(a) supports the authority's decision to take the action.
185	185	SECTION 7. (a) Sections 53.021, 53.022, and 53.023,
186	186	Occupations Code, as amended by this Act, apply only to an action
187	187	taken by a licensing authority to suspend or revoke a license,
188	188	disqualify a person from receiving a license, or deny to a person
189	189	the opportunity to take a licensing examination that occurs on or
190	190	after January 1, 2026. An action taken by a licensing authority
191	191	before that date is governed by the law in effect immediately before
192	192	the effective date of this Act, and the former law is continued in
193	193	effect for that purpose.
194	194	(b) Section 53.053, Occupations Code, as added by this Act,
195	195	applies only to a proceeding commenced on or after January 1, 2026.
196	196	A proceeding commenced before that date is governed by the law in
197	197	effect immediately before the effective date of this Act, and the
198	198	former law is continued in effect for that purpose.
199	199	SECTION 8. As soon as practicable after the effective date
200	200	of this Act, each licensing authority to which Section 53.004,
201	201	Occupations Code, as added by this Act, applies shall make changes
202	202	to the authority's license applications and Internet website as
203	203	necessary to implement that section.
204	204	SECTION 9. Not later than January 15, 2027, each licensing
205	205	authority subject to Chapter 53, Occupations Code, as amended by
206	206	this Act, shall submit the initial report required by Section
207	207	53.005, Occupations Code, as added by this Act.
208	208	SECTION 10. This Act takes effect September 1, 2025.