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AN ACT
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relating to the eligibility of certain applicants for occupational |
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licenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 53, Occupations Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. PRELIMINARY EVALUATION OF LICENSE ELIGIBILITY |
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Sec. 53.101. DEFINITIONS. In this subchapter: |
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(1) "License" means a license, certificate, |
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registration, permit, or other authorization that: |
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(A) is issued by a licensing authority; and |
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(B) a person must obtain to practice or engage in |
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a particular business, occupation, or profession. |
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(2) "Licensing authority" means a department, |
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commission, board, office, or other agency of the state that issues |
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a license. |
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Sec. 53.102. REQUEST FOR CRIMINAL HISTORY EVALUATION |
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LETTER. (a) A person may request a licensing authority to issue a |
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criminal history evaluation letter regarding the person's |
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eligibility for a license issued by that authority if the person: |
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(1) is enrolled or planning to enroll in an |
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educational program that prepares a person for an initial license |
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or is planning to take an examination for an initial license; and |
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(2) has reason to believe that the person is |
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ineligible for the license due to a conviction or deferred |
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adjudication for a felony or misdemeanor offense. |
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(b) The request must state the basis for the person's |
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potential ineligibility. |
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Sec. 53.103. AUTHORITY TO INVESTIGATE. A licensing |
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authority has the same powers to investigate a request submitted |
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under this subchapter and the requestor's eligibility that the |
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authority has to investigate a person applying for a license. |
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Sec. 53.104. DETERMINATION OF ELIGIBILITY; LETTER. (a) If |
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a licensing authority determines that a ground for ineligibility |
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does not exist, the authority shall notify the requestor in writing |
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of the authority's determination on each ground of potential |
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ineligibility. |
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(b) If a licensing authority determines that the requestor |
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is ineligible for a license, the licensing authority shall issue a |
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letter setting out each basis for potential ineligibility and the |
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authority's determination as to eligibility. In the absence of new |
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evidence known to but not disclosed by the requestor or not |
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reasonably available to the licensing authority at the time the |
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letter is issued, the authority's ruling on the request determines |
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the requestor's eligibility with respect to the grounds for |
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potential ineligibility set out in the letter. |
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(c) A licensing authority must provide notice under |
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Subsection (a) or issue a letter under Subsection (b) not later than |
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the 90th day after the date the authority receives the request. |
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Sec. 53.105. FEES. A licensing authority may charge a |
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person requesting an evaluation under this subchapter a fee adopted |
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by the authority. Fees adopted by a licensing authority under this |
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subchapter must be in an amount sufficient to cover the cost of |
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administering this subchapter. |
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SECTION 2. Not later than September 1, 2010, a department, |
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commission, board, office, or other agency of the state that issues |
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a license to practice or engage in a particular business, |
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profession, or occupation shall adopt rules necessary to administer |
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Subchapter D, Chapter 53, Occupations Code, as added by this Act. |
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SECTION 3. Section 53.021(a), Occupations Code, is amended |
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to read as follows: |
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(a) A licensing authority may suspend or revoke a license, |
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disqualify a person from receiving a license, or deny to a person |
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the opportunity to take a licensing examination on the grounds that |
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the person has been convicted of: |
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(1) an offense [a felony or misdemeanor] that directly |
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relates to the duties and responsibilities of the licensed |
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occupation; |
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(2) an offense that does not directly relate to the |
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duties and responsibilities of the licensed occupation and that was |
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committed less than five years before the date the person applies |
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for the license; |
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(3) an offense listed in Section 3g, Article 42.12, |
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Code of Criminal Procedure; or |
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(4) a sexually violent offense, as defined by Article |
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62.001, Code of Criminal Procedure. |
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SECTION 4. Subchapter B, Chapter 53, Occupations Code, is |
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amended by adding Section 53.0211 to read as follows: |
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Sec. 53.0211. LICENSING OF CERTAIN APPLICANTS WITH PRIOR |
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CRIMINAL CONVICTIONS. (a) This section does not apply to an |
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applicant for a license that would allow the applicant to provide: |
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(1) law enforcement services; |
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(2) public health, education, or safety services; or |
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(3) financial services in an industry regulated by the |
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securities commissioner, the banking commissioner, the savings and |
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mortgage lending commissioner, or the credit union commissioner. |
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(b) Notwithstanding any law other than Subsection (a) and |
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unless the applicant has been convicted of an offense described by |
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Section 53.021(a), a licensing authority shall issue to an |
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otherwise qualified applicant who has been convicted of an offense: |
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(1) the license for which the applicant applied; or |
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(2) a provisional license described by Subsection (c). |
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(c) A licensing authority may issue a provisional license |
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for a term of six months to an applicant who has been convicted of an |
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offense. |
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(d) The licensing authority shall revoke a provisional |
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license if the provisional license holder: |
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(1) commits a new offense; |
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(2) commits an act or omission that causes the person's |
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community supervision, mandatory supervision, or parole to be |
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revoked, if applicable; or |
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(3) violates the law or rules governing the practice |
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of the occupation for which the provisional license is issued. |
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(e) The licensing authority shall issue the license for |
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which the applicant originally applied to a provisional license |
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holder on the expiration of the provisional license term if the |
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provisional license holder does not engage in conduct described by |
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Subsection (d). |
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(f) If the licensing authority revokes a provisional |
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license under Subsection (d), the provisional license holder is |
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disqualified from receiving the license for which the applicant |
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originally applied. |
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(g) An applicant who is on community supervision, mandatory |
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supervision, or parole and who is issued a provisional license |
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under this section shall provide to the licensing authority the |
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name and contact information of the probation or parole department |
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to which the person reports. The licensing authority shall notify |
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the probation or parole department that a provisional license has |
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been issued. The probation or parole department shall notify the |
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licensing authority if the person's community supervision, |
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mandatory supervision, or parole supervision is revoked during the |
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term of the provisional license. |
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SECTION 5. The changes in law made by this Act by the |
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amendment of Section 53.021(a), Occupations Code, and the addition |
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of Section 53.0211, Occupations Code, apply only to an application |
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for a license filed with a licensing authority, to which Chapter 53, |
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Occupations Code, applies, on or after the effective date of this |
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Act. An application filed before that date is governed by the law |
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in effect when the application is filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 963 was passed by the House on March |
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31, 2009, by the following vote: Yeas 147, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 963 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 963 on May 31, 2009, by the following vote: Yeas 145, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 963 was passed by the Senate, with |
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amendments, on May 25, 2009, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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963 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |