Bill Text: TX SB734 | 2023-2024 | 88th 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) 2023-03-01 - Referred to Business & Commerce [SB734 Detail]
Download: Texas-2023-SB734-Introduced.html
| 88R7710 BEE-F | ||
| By: Hinojosa | S.B. No. 734 | |
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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. Subchapter A, Chapter 53, Occupations Code, is | ||
| amended by adding Sections 53.004 and 53.005 to read as follows: | ||
| Sec. 53.004. NOTICE TO LICENSING APPLICANTS. A licensing | ||
| authority to which this chapter applies shall include a notice in | ||
| the application form for each type of license issued by the | ||
| authority and on the authority's Internet website stating: | ||
| (1) that an applicant's prior criminal conviction may | ||
| be grounds for disqualifying the applicant from receiving a | ||
| license; | ||
| (2) the factors listed in Sections 53.022 and 53.023 | ||
| for determining whether a prior criminal conviction constitutes | ||
| grounds for denying an applicant from receiving a license; and | ||
| (3) the right of certain students enrolled in | ||
| educational programs that prepare a person for a license or | ||
| licensing examination to request a criminal history evaluation | ||
| letter under Section 53.102. | ||
| Sec. 53.005. REPORTING. (a) A licensing authority to which | ||
| this chapter applies shall maintain a record of the total number of | ||
| each of the following for each type of license issued by the | ||
| authority: | ||
| (1) applications received; | ||
| (2) applications approved; | ||
| (3) applications denied for any reason; | ||
| (4) applications denied because of the applicant's | ||
| prior criminal conviction or placement on deferred adjudication | ||
| community supervision; and | ||
| (5) criminal history evaluation letters requested | ||
| under Section 53.102. | ||
| (b) Not later than January 15 of each year, each licensing | ||
| authority shall prepare a report of the information maintained | ||
| under Subsection (a) for the preceding calendar year and shall: | ||
| (1) submit the report to the legislature; and | ||
| (2) publish the report on the authority's Internet | ||
| website. | ||
| SECTION 2. Section 53.021(a), Occupations Code, is amended | ||
| to read as follows: | ||
| (a) Subject to Section 53.0231, a licensing authority may | ||
| 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: | ||
| (1) has been convicted of: | ||
| (A) [ |
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| duties and responsibilities of the licensed occupation; | ||
| (B) [ |
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| Code of Criminal Procedure; or | ||
| (C) [ |
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| by Article 62.001, Code of Criminal Procedure; and | ||
| (2) applied for the license or to take the licensing | ||
| examination: | ||
| (A) before the fifth anniversary of the later of | ||
| the date of conviction or the person's release from confinement if | ||
| the person's sentence for the offense included a term of | ||
| confinement; | ||
| (B) after the period described by Paragraph (A) | ||
| if the person has been convicted of another offense committed after | ||
| the offense described by Subdivision (1); or | ||
| (C) at any time if the offense of which the person | ||
| was convicted: | ||
| (i) is listed in Article 42A.054, Code of | ||
| Criminal Procedure; | ||
| (ii) requires registration as a sex | ||
| offender under Chapter 62, Code of Criminal Procedure; | ||
| (iii) is under Section 19.04, Penal Code | ||
| (manslaughter); | ||
| (iv) is under Section 19.05, Penal Code | ||
| (criminally negligent homicide); | ||
| (v) is under Section 20.03, Penal Code | ||
| (kidnapping); | ||
| (vi) is under Section 22.01(a)(1), Penal | ||
| Code (assault), and the offense: | ||
| (a) is punishable as a felony of the | ||
| second degree under Subsection (b-2) of that section; or | ||
| (b) involves family violence as | ||
| defined by Section 71.004, Family Code; | ||
| (vii) is under Section 22.02, Penal Code | ||
| (aggravated assault); | ||
| (viii) is under Section 25.072, Penal Code | ||
| (repeated violation of certain court orders or conditions of bond | ||
| in family violence, child abuse or neglect, sexual assault or | ||
| abuse, indecent assault, stalking, or trafficking case); | ||
| (ix) is under Section 25.11, Penal Code | ||
| (continuous violence against the family); or | ||
| (x) is under Section 38.14, Penal Code | ||
| (taking or attempting to take weapon from peace officer, federal | ||
| special investigator, employee or official of correctional | ||
| facility, parole officer, community supervision and corrections | ||
| department officer, or commissioned security officer). | ||
| SECTION 3. Section 53.022, Occupations Code, is amended to | ||
| read as follows: | ||
| Sec. 53.022. FACTORS IN DETERMINING WHETHER CONVICTION | ||
| DIRECTLY RELATES TO OCCUPATION. (a) In determining whether 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 crime; | ||
| (2) the relationship of the crime to the purposes for | ||
| requiring a license to engage in the occupation; | ||
| (3) the extent to which 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; | ||
| (4) the relationship of the 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 crime | ||
| and the duties and responsibilities of the licensed occupation. | ||
| (b) A licensing authority may not determine under | ||
| Subsection (a) that a conviction relates to the duties and | ||
| responsibilities of the licensed occupation for purposes of taking | ||
| an action authorized by Section 53.021 unless the authority finds | ||
| by a preponderance of the evidence that consideration of the | ||
| factors listed in Subsection (a) supports that determination. | ||
| SECTION 4. The heading to Section 53.023, Occupations Code, | ||
| is amended to read as follows: | ||
| Sec. 53.023. ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO | ||
| CONSIDER [ |
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| SECTION 5. Section 53.023, Occupations Code, is amended by | ||
| amending Subsection (a) and adding Subsection (c) to read as | ||
| follows: | ||
| (a) If a licensing authority determines [ |
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| grounds for the authority to take an action authorized by Section | ||
| 53.021 [ |
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| authority shall consider the following in determining whether to | ||
| take an action authorized by Section 53.021: | ||
| (1) the extent and nature of the person's past criminal | ||
| activity; | ||
| (2) the age of the person when the crime was committed; | ||
| (3) the amount of time that has elapsed since the | ||
| person's last criminal activity; | ||
| (4) the conduct and work activity of the person before | ||
| and after the criminal activity; | ||
| (5) evidence of the person's rehabilitation or | ||
| rehabilitative effort [ |
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| (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. | ||
| (c) In making a determination under this section, a | ||
| licensing authority may not take an action authorized by Section | ||
| 53.021 unless the authority finds by a preponderance of the | ||
| evidence that consideration of the factors listed in Subsection (a) | ||
| supports taking that action. | ||
| SECTION 6. 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 to take an action authorized by Section 53.021, the | ||
| licensing authority has the burden of proving by a preponderance of | ||
| the evidence that: | ||
| (1) the offense for which the person was convicted is | ||
| grounds for the authority to take the action; and | ||
| (2) consideration of the factors required by Section | ||
| 53.023(a) supports the authority's decision to take the action. | ||
| SECTION 7. (a) Sections 53.021, 53.022, and 53.023, | ||
| Occupations Code, as amended by this Act, apply 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 that occurs 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. | ||
| SECTION 8. As soon as practicable after the effective date | ||
| of this Act, each licensing authority subject to Chapter 53, | ||
| Occupations Code, as amended by this Act, shall make changes to the | ||
| authority's license applications and Internet website as necessary | ||
| to implement Section 53.004, Occupations Code, as added by this | ||
| Act. | ||
| SECTION 9. Not later than January 15, 2025, each licensing | ||
| authority subject to Chapter 53, Occupations Code, as amended by | ||
| this Act, shall submit the initial report required by Section | ||
| 53.005, Occupations Code, as added by this Act. | ||
| SECTION 10. This Act takes effect September 1, 2023. | ||
