Texas 2025 89th Regular

Texas Senate Bill SB1080 Analysis / Analysis

Filed 03/28/2025

                    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   Qualified former felons or current prison inmates may apply for a six-month provisional occupational license to gain sustainable employment after incarceration. In the past, inmates have applied for a provisional occupational license towards the end of their sentence. Often, the inmate's provisional license term may begin before being released. As a result, an ex-convicted person would have less than six months to utilize their provisional occupational license.  S.B. 1080 would amend the Occupations Code, Sections 51.0211(b) and (c), by declaring that licensing authorities shall issue six-month licenses to applicants convicted of an offense, unless convicted of a specific disqualifying offense. More importantly, the term of the inmates provisional permit will begin once the applicant is released.    S.B. 1080 aims to specify the beginning of the six-month provisional licenses and provide a realistic pathway for returning citizens with criminal records to obtain occupational licenses, facilitate their reintegration into the workforce, and reduce the likelihood of recidivism.   The committee substitute to S.B. 1080 will also make it clear that the Texas Department of Licensing and Regulation does not have to revoke the license of all persons who become incarcerated, as some offenses for which a person may become incarcerated are not actually crimes that are typically used to determine license revocation.    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

 

Qualified former felons or current prison inmates may apply for a six-month provisional occupational license to gain sustainable employment after incarceration. In the past, inmates have applied for a provisional occupational license towards the end of their sentence. Often, the inmate's provisional license term may begin before being released. As a result, an ex-convicted person would have less than six months to utilize their provisional occupational license.



S.B. 1080 would amend the Occupations Code, Sections 51.0211(b) and (c), by declaring that licensing authorities shall issue six-month licenses to applicants convicted of an offense, unless convicted of a specific disqualifying offense. More importantly, the term of the inmates provisional permit will begin once the applicant is released. 

 

S.B. 1080 aims to specify the beginning of the six-month provisional licenses and provide a realistic pathway for returning citizens with criminal records to obtain occupational licenses, facilitate their reintegration into the workforce, and reduce the likelihood of recidivism.

 

The committee substitute to S.B. 1080 will also make it clear that the Texas Department of Licensing and Regulation does not have to revoke the license of all persons who become incarcerated, as some offenses for which a person may become incarcerated are not actually crimes that are typically used to determine license revocation. 

 

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.