Bill Text: TX SB1714 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the consequences of a criminal conviction on a person's eligibility for an occupational license.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-16 - Referred to Business & Commerce [SB1714 Detail]

Download: Texas-2023-SB1714-Introduced.html

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88R1437 BEE-F
By: Perry S.B. No. 1714

A BILL TO BE ENTITLED
AN ACT
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 53.021(a), Occupations Code, is amended
to read as follows:
(a) Subject to Section 53.0231, a licensing authority may
not suspend or revoke a license, disqualify a person from receiving
a license, or deny to a person the opportunity to take a licensing
examination on the grounds that the person has been convicted of an
offense unless the offense is:
(1) on the list prepared by the licensing authority
under Section 53.0212 and the person applies for the license before
the later of the fifth anniversary of the date of:
(A) conviction; or
(B) the person's release from confinement if the
person's sentence for the offense included a term of confinement
[an offense that directly relates to the duties and
responsibilities of the licensed occupation];
(2) [an offense] listed in Article 42A.054, Code of
Criminal Procedure; or
(3) a sexually violent offense, as defined by Article
62.001, Code of Criminal Procedure.
SECTION 2. Section 53.0211(b), Occupations Code, is amended
to read as follows:
(b) Notwithstanding any law other than Subsection (a) and
unless the applicant has been convicted of an offense described by
Section 53.021(a), a licensing authority shall issue to an
otherwise qualified applicant who has been convicted of an offense
[:
[(1)] the license for which the applicant applied [;
or
[(2) a provisional license described by Subsection
(c)].
SECTION 3. Subchapter B, Chapter 53, Occupations Code, is
amended by adding Section 53.0212 to read as follows:
Sec. 53.0212. LIST OF OFFENSES DIRECTLY RELATED TO
OCCUPATION. (a) A licensing authority shall prepare and make
available to the public a list of offenses:
(1) that directly relate to the duties and
responsibilities of each occupation licensed by the authority; and
(2) on conviction of which the licensing authority may
take an action described by Section 53.021(a).
(b) In preparing the list of offenses under Subsection (a),
the licensing authority:
(1) shall list specific offenses; and
(2) may not use nonspecific terms to describe
offenses, including the terms "moral turpitude" and "good
character."
SECTION 4. Section 53.022, Occupations Code, is amended to
read as follows:
Sec. 53.022. FACTORS IN DETERMINING WHETHER OFFENSE
[CONVICTION] DIRECTLY RELATES TO OCCUPATION. In determining
whether an offense [a criminal conviction] directly relates to the
duties and responsibilities of a licensed occupation, the licensing
authority shall consider each of the following factors:
(1) the nature and seriousness of the offense [crime];
(2) the relationship of the offense [crime] to the
purposes for requiring a license to engage in the occupation;
(3) the extent to which holding a license might offer
an opportunity to engage in further criminal activity of the same
type as that [in which the person previously had been] involved in
the offense;
(4) the relationship of the offense [crime] to the
ability or capacity required to perform the duties and discharge
the responsibilities of the licensed occupation; and
(5) any correlation between the elements of the
offense [crime] and the duties and responsibilities of the licensed
occupation.
SECTION 5. The heading to Section 53.023, Occupations Code,
is amended to read as follows:
Sec. 53.023. ADDITIONAL FACTORS FOR LICENSING AUTHORITY
CONSIDERATION [TO CONSIDER] AFTER DETERMINING OFFENSE [CONVICTION]
DIRECTLY RELATES TO OCCUPATION.
SECTION 6. Section 53.023(a), Occupations Code, is amended
to read as follows:
(a) In [If a licensing authority determines under Section
53.022 that a criminal conviction directly relates to the duties
and responsibilities of a licensed occupation, the licensing
authority shall consider the following in] determining whether to
take an action described [authorized] by Section 53.021(a) with
respect to a person who has been convicted of an offense that
appears on the list prepared under Section 53.0212, the licensing
authority shall consider [53.021]:
(1) the extent and nature of the person's past criminal
activity;
(2) the age of the person when the offense [crime] was
committed;
(3) the amount of time that has elapsed since the
person's last offense [criminal activity];
(4) the conduct and work activity of the person before
and after each offense the person has committed [criminal
activity];
(5) evidence of the person's rehabilitation or
rehabilitative effort while incarcerated or after release;
(6) evidence of the person's compliance with any
conditions of community supervision, parole, or mandatory
supervision; and
(7) other evidence of the person's fitness, including
letters of recommendation.
SECTION 7. Section 53.025, Occupations Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Each licensing authority shall issue guidelines
relating to the practice of the licensing authority under this
chapter.
(a-1) The guidelines issued under this section must state:
(1) the reasons each offense appears on the list of
offenses prepared by the licensing authority under Section 53.0212;
[a particular crime is considered to relate to a particular
license] and
(2) any other criterion that affects the decisions of
the licensing authority regarding the consequences of a criminal
conviction on a person's eligibility for an occupational license.
SECTION 8. Subchapter B, Chapter 53, Occupations Code, is
amended by adding Section 53.0255 to read as follows:
Sec. 53.0255. PUBLICATION AND AMENDMENT OF LIST OF OFFENSES
AND GUIDELINES. (a) A state licensing authority shall file the
list of offenses prepared under Section 53.0212 and the guidelines
prepared under Section 53.025 with the secretary of state for
publication in the Texas Register.
(b) A local or county licensing authority shall post the
list of offenses prepared under Section 53.0212 and the guidelines
prepared under Section 53.025 at the courthouse for the county in
which the licensing authority is located or publish the list of
offenses and guidelines in a newspaper of general circulation in
the county.
(c) Amendments to the list of offenses and guidelines, if
any, shall be issued annually.
SECTION 9. Subchapter C, Chapter 53, Occupations Code, is
amended by adding Section 53.053 to read as follows:
Sec. 53.053. BURDEN OF PROOF. In a hearing on the
administrative appeal or judicial review of a licensing authority's
decision under Section 53.021(a), the licensing authority has the
burden of proving by clear and convincing evidence that:
(1) the offense for which the person was convicted
directly relates to the duties and responsibilities of the licensed
occupation; and
(2) after consideration of the relevant factors as
required by Section 53.023(a), the person lacks the fitness to
perform the duties and discharge the responsibilities of the
licensed occupation.
SECTION 10. Section 53.102(a), Occupations Code, is amended
to read as follows:
(a) A person may request a licensing authority to issue a
criminal history evaluation letter regarding the person's
eligibility for a license issued by that authority if the person [:
[(1) is enrolled or planning to enroll in an
educational program that prepares a person for an initial license
or is planning to take an examination for an initial license; and
[(2)] has reason to believe that the person is
ineligible for the license due to a conviction or deferred
adjudication for a felony or misdemeanor offense.
SECTION 11. Section 53.104(c), Occupations Code, is amended
to read as follows:
(c) A licensing authority must provide notice under
Subsection (a) or issue a letter under Subsection (b) not later than
the 30th [90th] day after the date the authority receives the
request.
SECTION 12. Section 53.152(a), Occupations Code, is amended
to read as follows:
(a) An entity that provides an educational program to
prepare an individual for issuance of an initial occupational
license shall notify each applicant to and enrollee in the
educational program of:
(1) the potential ineligibility of an individual who
has been convicted of an offense for issuance of an occupational
license on completion of the educational program;
(2) the current list of offenses prepared under
Section 53.0212 and guidelines prepared [issued] under Section
53.025 by any licensing authority that may issue an occupational
license to an individual who completes the educational program; and
(3) [any other state or local restriction or guideline
used by a licensing authority described by Subdivision (2) to
determine the eligibility of an individual who has been convicted
of an offense for an occupational license issued by the licensing
authority; and
[(4)] the right to request a criminal history
evaluation letter under Section 53.102.
SECTION 13. Chapter 53, Occupations Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. REINSTATEMENT OF SUSPENDED OR REVOKED LICENSE
Sec. 53.201. REINSTATEMENT OF CERTAIN LICENSES. (a) A
licensing authority shall reinstate a license that was suspended or
revoked based solely on the license holder's previous criminal
conviction if:
(1) the person applies to the licensing authority for
reinstatement of the license in the form and manner prescribed by
the licensing authority;
(2) the criminal conviction that was the basis of the
suspension or revocation of the license does not appear on the
current list of offenses prepared by the licensing authority under
Section 53.0212; and
(3) all other requirements for the issuance of an
original license by the licensing authority are satisfied.
(b) A licensing authority shall adopt rules as necessary to
implement this section.
SECTION 14. The following provisions of the Occupations
Code are repealed:
(1) Sections 53.021(a-1) and (b);
(2) Sections 53.0211(c), (d), (e), (f), and (g); and
(3) Sections 53.025(b), (c), and (d).
SECTION 15. (a) Section 53.021, Occupations Code, as
amended by this Act, applies only to an action taken by a licensing
authority to suspend or revoke a license, disqualify a person from
receiving a license, or deny to a person the opportunity to take a
licensing examination on or after January 1, 2024. An action taken
by a licensing authority before that date is governed by the law in
effect immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
(b) Section 53.053, Occupations Code, as added by this Act,
applies only to a proceeding commenced on or after January 1, 2024.
A proceeding commenced before that date is governed by the law in
effect immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
(c) Section 53.104(c), Occupations Code, as amended by this
Act, applies only to a request received by a licensing authority
under Subchapter D, Chapter 53, Occupations Code, as amended by
this Act, on or after January 1, 2024. A request received before
that date is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 16. Not later than December 31, 2023, a licensing
authority shall file or make available the list of offenses and
guidelines as required by Section 53.0255, Occupations Code, as
added by this Act.
SECTION 17. This Act takes effect September 1, 2023.