BILL ANALYSIS Senate Research Center S.B. 1080 89R7715 RAL-F By: West Criminal Justice 3/28/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT H.B. 963 was overwhelmingly approved by the 81st Legislature in 2009, creating the ability to issue a provisional occupational license to a person who has been convicted of certain felony offenses. Under the language found in Section 53.0211, Occupations Code, a provisional license can be issued under certain conditions for a period of six months. During that period, if the person who is under community or parole supervision does not violate the terms of the license or supervision, the license becomes permanent. However, Section 53.021, Occupations Code, says that an existing occupational license "shall" be revoked if the license holder is imprisoned following a felony conviction or revocation. S.B. 1080 would allow a person to apply for a provisional occupational license while incarcerated. The provisional license, if awarded, would become effective on the day the applicant is released from prison. The objective of S.B. 1080 is consistent with the legislative intent language found in Section 53.003(a), Occupations Code, which reads, "It is the intent of the legislature to enhance opportunities for a person to obtain gainful employment after the person has been convicted of an offense and discharged the sentence for the offense." H.B. 963 passed the Senate unanimously and was approved 145-0-2 by the House. S.B. 1080 would build on progress made through H.B. 963's passage in assisting the successful reintegration of persons previously incarcerated. As proposed, S.B. 1080 amends current law relating to the issuance of a provisional occupational license to certain applicants with criminal convictions. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 53.0211(b) and (c), Occupations Code, as follows: (b) Requires a licensing authority, notwithstanding any law other than Subsection (a) (relating to providing that Section 53.0211 (Licensing of Certain Applicants with Prior Criminal Convictions) does not apply to an applicant for a license for certain occupations) and unless the applicant has been convicted of an offense described by Section 53.021(a) (relating to authorizing a licensing authority to suspend or revoke a license, disqualify a person from receiving license, or deny to a person the opportunity to take a licensing exam if the person has been convicted of certain offenses), to issue to an otherwise qualified applicant who has been convicted of an offense the license for which the applicant applied or a provisional license valid for a term of six months, rather than a provisional license described by Subsection (c). (c) Provides that the term of a provisional license issued to an applicant who is an inmate imprisoned in the Texas Department of Criminal Justice begins on the date the applicant is released. Deletes existing text authorizing a licensing authority to issue a provisional license for a term of six months to an applicant who has been convicted of an offense. SECTION 2. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1080
89R7715 RAL-F By: West
Criminal Justice
3/28/2025
As Filed
Senate Research Center
S.B. 1080
89R7715 RAL-F
By: West
Criminal Justice
3/28/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
H.B. 963 was overwhelmingly approved by the 81st Legislature in 2009, creating the ability to issue a provisional occupational license to a person who has been convicted of certain felony offenses. Under the language found in Section 53.0211, Occupations Code, a provisional license can be issued under certain conditions for a period of six months. During that period, if the person who is under community or parole supervision does not violate the terms of the license or supervision, the license becomes permanent. However, Section 53.021, Occupations Code, says that an existing occupational license "shall" be revoked if the license holder is imprisoned following a felony conviction or revocation.
S.B. 1080 would allow a person to apply for a provisional occupational license while incarcerated. The provisional license, if awarded, would become effective on the day the applicant is released from prison.
The objective of S.B. 1080 is consistent with the legislative intent language found in Section 53.003(a), Occupations Code, which reads, "It is the intent of the legislature to enhance opportunities for a person to obtain gainful employment after the person has been convicted of an offense and discharged the sentence for the offense."
H.B. 963 passed the Senate unanimously and was approved 145-0-2 by the House. S.B. 1080 would build on progress made through H.B. 963's passage in assisting the successful reintegration of persons previously incarcerated.
As proposed, S.B. 1080 amends current law relating to the issuance of a provisional occupational license to certain applicants with criminal convictions.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 53.0211(b) and (c), Occupations Code, as follows:
(b) Requires a licensing authority, notwithstanding any law other than Subsection (a) (relating to providing that Section 53.0211 (Licensing of Certain Applicants with Prior Criminal Convictions) does not apply to an applicant for a license for certain occupations) and unless the applicant has been convicted of an offense described by Section 53.021(a) (relating to authorizing a licensing authority to suspend or revoke a license, disqualify a person from receiving license, or deny to a person the opportunity to take a licensing exam if the person has been convicted of certain offenses), to issue to an otherwise qualified applicant who has been convicted of an offense the license for which the applicant applied or a provisional license valid for a term of six months, rather than a provisional license described by Subsection (c).
(c) Provides that the term of a provisional license issued to an applicant who is an inmate imprisoned in the Texas Department of Criminal Justice begins on the date the applicant is released. Deletes existing text authorizing a licensing authority to issue a provisional license for a term of six months to an applicant who has been convicted of an offense.
SECTION 2. Effective date: upon passage or September 1, 2025.