Bill Text: TX HB1508 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to notice to applicants to and enrollees in certain educational programs regarding the consequences of a criminal conviction on eligibility for an occupational license.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1508 Detail]
Download: Texas-2017-HB1508-Introduced.html
Bill Title: Relating to notice to applicants to and enrollees in certain educational programs regarding the consequences of a criminal conviction on eligibility for an occupational license.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1508 Detail]
Download: Texas-2017-HB1508-Introduced.html
85R7825 EES-D | ||
By: Giddings | H.B. No. 1508 |
|
||
|
||
relating to notice to applicants to and enrollees in certain | ||
educational programs regarding the consequences of a criminal | ||
conviction on eligibility for an occupational license. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 53, Occupations Code, is amended by | ||
adding Subchapter E to read as follows: | ||
SUBCHAPTER E. NOTICE OF POTENTIAL INELIGIBILITY FOR LICENSE | ||
Sec. 53.151. DEFINITIONS. Notwithstanding Section 53.001, | ||
in this subchapter, "licensing authority" and "occupational | ||
license" have the meanings assigned to those terms by Section | ||
58.001. | ||
Sec. 53.152. NOTICE BY ENTITIES PROVIDING EDUCATIONAL | ||
PROGRAMS. (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 guidelines issued under Section 53.025 | ||
by any licensing authority that may issue an occupational license | ||
to an individual who completes the educational program; | ||
(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 of an individual enrolled or planning to | ||
enroll in the educational program to request a criminal history | ||
evaluation letter under Section 53.102. | ||
(b) The entity shall provide the notice required under | ||
Subsection (a) to each applicant and enrollee regardless of whether | ||
the applicant or enrollee has been convicted of an offense. | ||
Sec. 53.153. CIVIL LIABILITY. (a) An entity that fails to | ||
provide the notice required by Section 53.152 to an individual | ||
entitled to receive the notice and whose application for an | ||
occupational license for which the educational program prepares the | ||
individual is denied because the individual has been convicted of | ||
an offense is liable to the individual for: | ||
(1) the amount of any tuition paid by the individual to | ||
the entity; | ||
(2) the amount of any application fees paid by the | ||
individual to the licensing authority; and | ||
(3) reasonable attorney's fees and court costs. | ||
(b) It is not a defense to liability under this section that | ||
an individual had actual knowledge of the information for which the | ||
entity is required to give notice under Section 53.152. | ||
SECTION 2. Section 53.152, Occupations Code, as added by | ||
this Act, applies only with respect to: | ||
(1) an individual who is enrolled in an educational | ||
program subject to that section on or after the effective date of | ||
this Act; and | ||
(2) an applicant for enrollment in an educational | ||
program subject to that section who applies for enrollment in the | ||
program on or after that date. | ||
SECTION 3. Section 53.153, Occupations Code, as added by | ||
this Act, applies only to a cause of action brought by an individual | ||
entitled to notice under Section 53.152, Occupations Code, as added | ||
by this Act, that accrues on or after the effective date of this | ||
Act. A cause of action that accrued before the effective date of | ||
this Act is governed by the law applicable to the cause of action | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2017. |