Bill Text: TX HB2232 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the consequences of a criminal conviction on a person's eligibility for an occupational license.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-06 - Referred to Corrections [HB2232 Detail]
Download: Texas-2019-HB2232-Introduced.html
86R9733 BEE-D | ||
By: Reynolds | H.B. No. 2232 |
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relating to the consequences of a criminal conviction on a person's | ||
eligibility for an occupational license. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 53.001, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 53.001. [ |
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Except as otherwise provided by this chapter, in this chapter: | ||
(1) "License" means a license, certificate, | ||
registration, permit, or other authorization that: | ||
(A) is issued by a licensing authority; and | ||
(B) a person must obtain to practice or engage in | ||
a particular business, occupation, or profession. | ||
(2) "Licensing authority" means a department, | ||
commission, board, office, or other agency of this state or a | ||
political subdivision of this state that issues a license. [ |
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SECTION 2. Subchapter A, Chapter 53, Occupations Code, is | ||
amended by adding Sections 53.003, 53.004, 53.005, 53.006, 53.007, | ||
53.008, and 53.009 to read as follows: | ||
Sec. 53.003. USE OF CERTAIN CRIMINAL HISTORY RECORD | ||
INFORMATION. Notwithstanding any other law, this state, an agent | ||
of this state, or a political subdivision of this state may not use, | ||
distribute, or disseminate, in connection with an application for a | ||
license, criminal history record information regarding: | ||
(1) an offense that did not result in a conviction or | ||
for which the conviction was overturned on appeal; | ||
(2) a conviction for which the applicant received an | ||
order of nondisclosure or an expunction or was pardoned; | ||
(3) a conviction for a misdemeanor punishable by a | ||
fine only; | ||
(4) a conviction for a misdemeanor, other than a | ||
misdemeanor described by Subdivision (3), that was committed less | ||
than three years before the date of the application, excluding any | ||
term of incarceration for the misdemeanor; | ||
(5) a conviction for a felony that was committed less | ||
than five years before the date of the application, excluding any | ||
term of incarceration for the felony; | ||
(6) placement of the applicant on deferred | ||
adjudication community supervision for an offense; | ||
(7) participation by the applicant in a pretrial | ||
diversion program; or | ||
(8) an adjudication of delinquent conduct. | ||
Sec. 53.004. CLASSIFICATION OF OFFENSE COMMITTED OUTSIDE | ||
THIS STATE. An offense committed outside this state shall be | ||
classified in the same manner as an offense committed in this state | ||
based on the maximum penalty that may be imposed for the offense in | ||
the location where the offense is committed. | ||
Sec. 53.005. CRIMINAL HISTORY ON LICENSE APPLICATION. | ||
Notwithstanding any other law, a license application form may not | ||
include a requirement that an applicant disclose the applicant's | ||
criminal history record information. | ||
Sec. 53.006. CONSIDERATION OF CRIMINAL HISTORY RECORD | ||
INFORMATION FOR QUALIFIED APPLICANT. Notwithstanding any other | ||
law, a licensing authority: | ||
(1) may not inquire into or consider an applicant's | ||
criminal history record information until after the authority has | ||
determined that the applicant is otherwise qualified for the | ||
license; and | ||
(2) after making the determination under Subdivision | ||
(1), may inquire into and consider only an offense committed by the | ||
applicant that: | ||
(A) directly relates to the licensed occupation; | ||
and | ||
(B) appears on the list of offenses prepared by | ||
the authority under Section 53.022. | ||
Sec. 53.007. CONSIDERATION OF MORAL CHARACTER. In | ||
considering the moral character or other similar attribute of a | ||
person in a decision to suspend, revoke, or deny a person's license | ||
or deny a person the opportunity to be examined for the license, a | ||
licensing authority may consider the person's criminal history | ||
record information only in the manner prescribed by this chapter. | ||
Sec. 53.008. RECORDS; STATISTICS. (a) A licensing | ||
authority shall retain records related to the suspension, | ||
revocation, or denial of a license or the denial of an opportunity | ||
to take a licensing examination on the grounds that the person has | ||
been convicted of an offense directly related to the licensed | ||
occupation until at least the third anniversary of the date of the | ||
suspension, revocation, or denial. | ||
(b) A licensing authority shall: | ||
(1) maintain a record of the number of: | ||
(A) applicants for each license issued by the | ||
authority; | ||
(B) applicants for each license issued by the | ||
authority for which the authority requests criminal history record | ||
information; and | ||
(C) applicants for each license issued by the | ||
authority who have been convicted of an offense directly related to | ||
the licensed occupation, including: | ||
(i) the number of applicants who received a | ||
notice of intent under Section 53.0501; | ||
(ii) the number of applicants who provided | ||
evidence of mitigation or rehabilitation as described by Section | ||
53.0221; and | ||
(iii) the number of applicants who appealed | ||
a denial under Section 53.052; | ||
(2) maintain a record of the final disposition and | ||
demographic information of each applicant described by | ||
Subdivisions (1)(C)(i), (ii), and (iii); and | ||
(3) make the records maintained under this subsection | ||
available to the public on the authority's Internet website in a | ||
form that maintains the confidentiality of applicants. | ||
Sec. 53.009. CONFLICT WITH OTHER LAW. This chapter | ||
prevails to the extent of a conflict between this chapter and any | ||
other law. | ||
SECTION 3. Sections 53.021(a) and (a-1), Occupations Code, | ||
are amended to read as follows: | ||
(a) A licensing authority may suspend or revoke a license [ |
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license or the opportunity to take a licensing examination on the | ||
grounds that the person has been convicted of an offense only if the | ||
offense: | ||
(1) [ |
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(2) appears on the list of offenses prepared by the | ||
authority under Section 53.022 [ |
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(a-1) Subsection (a) does not apply to a person who submits | ||
evidence to the licensing authority under Section 53.0221 of | ||
sufficient mitigation or rehabilitation and present fitness to | ||
perform the duties of the occupation [ |
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SECTION 4. Section 53.022, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 53.022. LICENSING AUTHORITY DETERMINATION OF [ |
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licensing authority shall prepare and make available to the public | ||
a list of offenses: | ||
(1) that directly relate to each occupation licensed | ||
by the authority; and | ||
(2) on conviction of which the licensing authority | ||
may, subject to Section 53.003, take an action authorized by | ||
Section 53.021(a). | ||
(b) In determining whether an offense [ |
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authority shall consider: | ||
(1) the policy of this state, as expressed in this | ||
chapter, to encourage the licensure of individuals with criminal | ||
and arrest histories [ |
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(2) whether the elements of the offense are directly | ||
related to the specific duties and responsibilities of | ||
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(3) the extent to which the occupation offers the [ |
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offense to occur [ |
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(4) the relationship of the offense [ |
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state's purposes for regulating the occupation; and | ||
(5) the length of time since the date the offense was | ||
committed [ |
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SECTION 5. Subchapter B, Chapter 53, Occupations Code, is | ||
amended by adding Section 53.0221 to read as follows: | ||
Sec. 53.0221. EVIDENCE OF MITIGATION OR REHABILITATION; | ||
EVIDENCE OF PRESENT FITNESS. A licensing authority may not suspend | ||
or revoke a license or deny to a person a license or the opportunity | ||
to take a licensing examination on the grounds that the person has | ||
been convicted of an offense that directly relates to the licensed | ||
occupation if the person submits to the licensing authority: | ||
(1) proof that: | ||
(A) at least one year has elapsed since the date | ||
of the person's release from any correctional institution; and | ||
(B) the person is in compliance with any terms of | ||
community supervision, parole, or mandatory supervision to which | ||
the person is subject; or | ||
(2) evidence of sufficient mitigation or | ||
rehabilitation and present fitness of the person to perform the | ||
duties of the occupation, including: | ||
(A) circumstances related to the offense, | ||
including mitigating circumstances or social conditions | ||
surrounding the commission of the offense; | ||
(B) the age of the person at the time the offense | ||
was committed; | ||
(C) the length of time since the date the offense | ||
was committed; | ||
(D) the person's work history, particularly any | ||
training or work experience related to the relevant occupation; or | ||
(E) letters of reference written by persons who | ||
have been in contact with the person since the date of the person's | ||
release from any correctional institution. | ||
SECTION 6. Section 53.025, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 53.025. PUBLICATION OF LIST AND GUIDELINES. (a) Each | ||
licensing authority shall issue guidelines relating to the practice | ||
of the licensing authority under this chapter. The guidelines must | ||
state the reasons a particular offense [ |
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prepared by the authority under Section 53.022 [ |
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affects the decisions of the licensing authority. | ||
(b) A state licensing authority [ |
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with the secretary of state for publication in the Texas Register. | ||
(c) A local or county licensing authority [ |
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guidelines and list of offenses at the courthouse for the county in | ||
which the licensing authority is located or publish the guidelines | ||
and list of offenses in a newspaper having countywide circulation | ||
in that county. | ||
(d) Amendments to the guidelines or list of offenses, if | ||
any, shall be issued annually. | ||
SECTION 7. The heading to Subchapter C, Chapter 53, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER C. NOTICE AND REVIEW OF SUSPENSION, REVOCATION, OR | ||
DENIAL; REAPPLICATION [ |
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SECTION 8. Subchapter C, Chapter 53, Occupations Code, is | ||
amended by adding Sections 53.0501 and 53.0502 to read as follows: | ||
Sec. 53.0501. NOTICE OF INTENT TO SUSPEND, REVOKE, OR DENY. | ||
(a) Notwithstanding any other law, a licensing authority may not | ||
suspend or revoke a person's license or deny a person a license or | ||
the opportunity to be examined for a license because of the person's | ||
prior conviction of an offense unless the licensing authority: | ||
(1) gives the person written notice of the agency's | ||
intent to suspend or revoke the license or deny the person a license | ||
or the opportunity to be examined for a license because of the | ||
person's criminal history; and | ||
(2) allows the person not less than 30 days to: | ||
(A) challenge the accuracy of the person's | ||
criminal history record information; and | ||
(B) submit evidence of sufficient mitigation or | ||
rehabilitation and present fitness to perform the duties of the | ||
occupation as described by Section 53.0221. | ||
(b) The notice required under Subsection (a)(1) must: | ||
(1) identify the criminal conviction that is the basis | ||
for the potential suspension, revocation, or denial; | ||
(2) include a copy of the person's criminal history | ||
record information; and | ||
(3) include examples of evidence of mitigation or | ||
rehabilitation that the applicant may voluntarily submit under | ||
Section 53.0221. | ||
Sec. 53.0502. INDIVIDUAL ASSESSMENT. A licensing authority | ||
that receives evidence from a person under Section 53.0501(a)(2)(B) | ||
may not suspend or revoke the person's license or deny the person a | ||
license or the opportunity to be examined for a license unless the | ||
authority completes an individual assessment of the evidence | ||
submitted. | ||
SECTION 9. Section 53.051, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 53.051. NOTICE OF SUSPENSION, REVOCATION, OR DENIAL. | ||
A licensing authority that suspends or revokes a license or denies a | ||
person a license or the opportunity to be examined for a license | ||
because of the person's prior conviction of an offense that is | ||
directly related to the [ |
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(1) the reason for the suspension, revocation, or | ||
denial, including: | ||
(A) any offense of which the person has been | ||
convicted that directly relates to the licensed occupation; and | ||
(B) the authority's rationale for determining | ||
that the offense directly relates to the licensed occupation [ |
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(2) the review procedure provided by Section 53.052; | ||
and | ||
(3) the earliest date the person may: | ||
(A) appeal the action of the licensing authority; | ||
or | ||
(B) reapply for the license or examination. | ||
SECTION 10. Subchapter C, Chapter 53, Occupations Code, is | ||
amended by adding Section 53.053 to read as follows: | ||
Sec. 53.053. REAPPLICATION. Notwithstanding any other law, | ||
a person whose license is suspended or revoked or who is denied a | ||
license or the opportunity to be examined for a license by a | ||
licensing authority may reapply for the license or opportunity to | ||
be examined for the license on or after the second anniversary of | ||
the date of the suspension, revocation, or denial. | ||
SECTION 11. Section 142.002(b), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(b) This section does not preclude a cause of action for | ||
negligent hiring or the failure of an employer, general contractor, | ||
premises owner, or other third party to provide adequate | ||
supervision of an employee, if: | ||
(1) the employer, general contractor, premises owner, | ||
or other third party knew or should have known of the conviction; | ||
and | ||
(2) the employee was convicted of: | ||
(A) an offense that was committed while | ||
performing duties substantially similar to those reasonably | ||
expected to be performed in the employment, or under conditions | ||
substantially similar to those reasonably expected to be | ||
encountered in the employment, taking into consideration the | ||
factors listed in Section 53.022(b) [ |
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occupation requires a license; | ||
(B) an offense listed in Article 42A.054, Code of | ||
Criminal Procedure; or | ||
(C) a sexually violent offense, as defined by | ||
Article 62.001, Code of Criminal Procedure. | ||
SECTION 12. Section 19.0042, Education Code, is amended to | ||
read as follows: | ||
Sec. 19.0042. INFORMATION TO BE PROVIDED BY DISTRICT BEFORE | ||
VOCATIONAL TRAINING PROGRAM ENROLLMENT. Before a person described | ||
by Section 19.005 enrolls in a district vocational training | ||
program, the district must inform the person in writing of: | ||
(1) any rule or policy of a state agency that would | ||
impose a restriction or prohibition on the person in obtaining a | ||
certificate or license in connection with the vocational training | ||
program; | ||
(2) the total number of district students released | ||
during the preceding 10 years who have completed a district | ||
vocational training program that allows for an opportunity to apply | ||
for a certificate or license from a state agency and, of those | ||
students: | ||
(A) the number who have applied for a certificate | ||
or license from a state agency; | ||
(B) the number who have been issued a certificate | ||
or license by a state agency; and | ||
(C) the number who have been denied a certificate | ||
or license by a state agency; and | ||
(3) the procedures for: | ||
(A) requesting a criminal history evaluation | ||
letter under Section 53.102, Occupations Code; | ||
(B) providing evidence of sufficient mitigation | ||
or rehabilitation and present fitness to perform the duties and | ||
discharge the responsibilities of a licensed occupation for | ||
purposes of Section 53.0221 [ |
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(C) appealing a state agency's denial of a | ||
certificate or license, including deadlines and due process | ||
requirements: | ||
(i) to the State Office of Administrative | ||
Hearings under Subchapter C, Chapter 2001, Government Code; and | ||
(ii) through any other available avenue. | ||
SECTION 13. Section 411.122(c), Government Code, is amended | ||
to read as follows: | ||
(c) This section does not apply to an agency that is[ |
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Subchapter E-1 to obtain criminal history record information from | ||
the department[ |
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SECTION 14. Section 51.356(b), Occupations Code, is amended | ||
to read as follows: | ||
(b) In making a determination under Subsection (a)(2), the | ||
commission shall consider the factors set forth in Section | ||
53.022(b) [ |
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the department under Section 53.025. | ||
SECTION 15. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Section 53.002; | ||
(2) Sections 53.021(b), (c), (d), and (e); | ||
(3) Section 53.0211; and | ||
(4) Section 53.023. | ||
SECTION 16. Not later than March 1, 2020, a licensing | ||
authority shall develop and make available to the public the list of | ||
offenses required under Section 53.022, Occupations Code, as | ||
amended by this Act. | ||
SECTION 17. The changes in law made by this Act to Chapter | ||
53, Occupations Code, apply only to an application for a license or | ||
to take a licensing examination that is filed, or a proceeding to | ||
revoke or suspend a license or authorization that is commenced, on | ||
or after the effective date of this Act. An application that is | ||
filed, or a proceeding that is commenced, before the effective date | ||
of this Act is governed by the law in effect on the date the | ||
application was filed or the proceeding commenced, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 18. This Act takes effect September 1, 2019. |