Bill Text: TX HB1747 | 2023-2024 | 88th Legislature | Engrossed

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

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2023-05-04 - Referred to Business & Commerce [HB1747 Detail]

Download: Texas-2023-HB1747-Engrossed.html

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88R19626 BEE-F
By: Leach, Jones of Dallas H.B. No. 1747

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. 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, Occupations Code, is amended by
amending Subsection (a) and adding Subsection (b-1) to read as
follows:
(a) Subject to Section 53.0231, a licensing authority may
suspend or revoke a license, disqualify a person from receiving or
renewing 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) [(1)] an offense that directly relates to the
duties and responsibilities of the licensed occupation;
(B) [(2)] an offense listed in Article 42A.054,
Code of Criminal Procedure; or
(C) [(3)] a sexually violent offense, as defined
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 15.031(a), Penal
Code (criminal solicitation of a minor);
(iv) is under Section 19.04, Penal Code
(manslaughter);
(v) is under Section 19.05, Penal Code
(criminally negligent homicide);
(vi) is under Section 20.03, Penal Code
(kidnapping);
(vii) 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;
(viii) is under Section 22.012, Penal Code
(indecent assault);
(ix) is under Section 22.02, Penal Code
(aggravated assault);
(x) is under Section 22.04, Penal Code
(injury to a child, elderly individual, or disabled individual),
and the offense is punishable as:
(a) a felony of the first degree under
Subsection (e) of that section; or
(b) a felony of the second or third
degree under Subsection (f) of that section;
(xi) 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);
(xii) is under Section 25.11, Penal Code
(continuous violence against the family); or
(xiii) 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).
(b-1) Subsection (b) does not prohibit a licensing
authority from accepting an application from an inmate imprisoned
in the Texas Department of Criminal Justice.
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 [AFTER DETERMINING CONVICTION DIRECTLY RELATES TO
OCCUPATION].
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 [under Section
53.022] that a person has been convicted of an offense that is
grounds for the authority to take an action authorized by Section
53.021 [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 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 [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.
(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.