Leach Bill Puts A Five-Year Limit On Old Convictions

The text as introduced · 1,600 words

90R1590 BEE-F

By: Leach
H.B. No. 395

A BILL TO BE ENTITLED

AN ACT

relating to the consequences of a criminal conviction or placement

on deferred adjudication on a person's eligibility for an

occupational license and related reporting requirements for

licensing authorities.

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) 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.

(b) This section does not apply to the State Securities

Board.

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, 2028. 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, 2028.

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 to which Section 53.004,

Occupations Code, as added by this Act, applies shall make changes

to the authority's license applications and Internet website as

necessary to implement that section.

SECTION 9. Not later than January 15, 2029, 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, 2027.