Bill Text: TX HB551 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the consideration of criminal history record information regarding applicants for professional licenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-05 - Referred to Licensing & Administrative Procedures [HB551 Detail]
Download: Texas-2015-HB551-Introduced.html
By: Johnson | H.B. No. 551 |
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relating to the consideration of criminal history record | ||
information regarding applicants for professional licenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 52.021, Occupations Code, is amended by | ||
adding Subsection (f) and Subsection (g) to read as follows: | ||
(f) 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 under | ||
subsections (a)(1) or (a)(2) without first giving the person an | ||
opportunity to appear before a formal meeting of the authority to | ||
present arguments and evidence in favor of their application. | ||
(g) A licensing authority may not suspend or revoke a | ||
license, disqualify a person from receiving a license, deny to a | ||
person the opportunity to take a licensing examination, or refuse | ||
to accept applications for any convictions under categorical | ||
sections of the penal code. | ||
(1) This subsection does not apply to any categorical | ||
disqualification specified in this chapter. | ||
SECTION 2. Section 53.104, Occupations Code, is amended to | ||
read as follows: | ||
(b) If a licensing authority determines that the requestor | ||
is ineligible for a license, the licensing authority shall issue a | ||
letter [ |
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explaining how the nature or proximity of the offense is a | ||
disqualifying conviction for specific aspects of the licensed | ||
activity. In the absence of new evidence known to but not disclosed | ||
by the requestor or not reasonably available to the licensing | ||
authority at the time the letter is issued, the authority's ruling | ||
on the request determines the requestor's eligibility with respect | ||
to the grounds for potential ineligibility set out in the letter. | ||
SECTION 3. This Act takes effect September 1, 2015. |