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CHAPTER 53.
CONSEQUENCES OF CRIMINAL
CONVICTION OCCUPATIONS CODE -
TITLE 2. GENERAL PROVISIONS
RELATING TO LICENSING
A 53.002. APPLICABILITY OF
CHAPTER.
SUBCHAPTER A. GENERAL PROVISIONS
This chapter does not apply to:
(1) the Supreme Court of Texas,
a person licensed under the
court's authority on behalf of
the judicial department of
government, or an applicant for
a license issued under the
court's authority on behalf of
the judicial department of
government;
(2) a peace officer or an
applicant for a license as a
peace officer described by
Article 2.12, Code of Criminal
Procedure; or
(3) a person who:
(A) is licensed by the Texas
State Board of Medical
Examiners, the Texas State Board
of Pharmacy, the State Board of
Dental Examiners, or the State
Board of Veterinary Medical
Examiners; and
(B) has been convicted of a
felony under Chapter 481 or 483
or Section 485.033, Health and
Safety Code.
Acts 1999, 76th Leg., chapter
388, A 1, effective Sept. 1,
1999.
A 53.021. AUTHORITY TO REVOKE,
SUSPEND, OR DENY LICENSE.
SUBCHAPTER B. INELIGIBILITY FOR
LICENSE
(a) 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 has been
convicted of a felony or
misdemeanor that directly
relates to the duties and
responsibilities of the licensed
occupation.
(b) A license holder's license
shall be revoked on the license
holder's imprisonment following
a felony conviction, felony
community supervision
revocation, revocation of
parole, or revocation of
mandatory supervision.
Acts 1999, 76th Leg., chapter
388, A 1, effective Sept. 1,
1999.
A 53.022. FACTORS IN DETERMINING
WHETHER CONVICTION RELATES TO
OCCUPATION.
SUBCHAPTER B. INELIGIBILITY FOR
LICENSE
In determining whether a
criminal conviction directly
relates to an occupation, the
licensing authority shall
consider:
(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;
and
(4) the relationship of the
crime to the ability, capacity,
or fitness required to perform
the duties and discharge the
responsibilities of the licensed
occupation.
Acts 1999, 76th Leg., chapter
388, A 1, effective Sept. 1,
1999.
A 53.023. ADDITIONAL FACTORS FOR
LICENSING AUTHORITY TO CONSIDER.
SUBCHAPTER B. INELIGIBILITY FOR
LICENSE
(a) In determining the fitness
to perform the duties and
discharge the responsibilities
of the licensed occupation of a
person who has been convicted of
a crime, the licensing authority
shall consider, in addition to
the factors listed in Section
53.022:
(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; and
(6) other evidence of the
person's fitness, including
letters of recommendation from:
(A) prosecutors and law
enforcement and correctional
officers who prosecuted,
arrested, or had custodial
responsibility for the person;
(B) the sheriff or chief of
police in the community where
the person resides; and
(C) any other person in contact
with the convicted person.
(b) The applicant has the
responsibility, to the extent
possible, to obtain and provide
to the licensing authority the
recommendations of the
prosecution, law enforcement,
and correctional authorities as
required by Subsection (a)(6).
(c) In addition to fulfilling
the requirements of Subsection
(b), the applicant shall furnish
proof in the form required by
the licensing authority that the
applicant has:
(1) maintained a record of
steady employment;
(2) supported the applicant's
dependents;
(3) maintained a record of good
conduct; and
(4) paid all outstanding court
costs, supervision fees, fines,
and restitution ordered in any
criminal case in which the
applicant has been convicted.
Acts 1999, 76th Leg., ch. 388, A
1, eff. Sept. 1, 1999.
A 53.024. PROCEEDINGS GOVERNED
BY ADMINISTRATIVE PROCEDURE ACT.
SUBCHAPTER B. INELIGIBILITY FOR
LICENSE
A
proceeding before a licensing
authority to establish factors
required to be considered under
this subchapter is governed by
Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, A
1, eff. Sept. 1, 1999.
A 53.025. GUIDELINES.
SUBCHAPTER B. INELIGIBILITY FOR
LICENSE
(a) Each licensing authority
shall issue guidelines relating
to the practice of the licensing
authority under this chapter.
The guidelines must state the
reasons a particular crime is
considered to relate to a
particular license and any other
criterion that affects the
decisions of the licensing
authority.
(b) A state licensing authority
that issues guidelines under
this section shall file the
guidelines with the secretary of
state for publication in the
Texas Register.
(c) A local or county licensing
authority that issues guidelines
under this section shall post
the guidelines at the courthouse
for the county in which the
licensing authority is located
or publish the guidelines in a
newspaper having countywide
circulation in that county.
(d) Amendments to the
guidelines, if any, shall be
issued annually.
Acts 1999, 76th Leg., ch. 388, A
1, eff. Sept. 1, 1999.
A 53.051. NOTICE.
SUBCHAPTER C. NOTICE AND REVIEW
OF SUSPENSION, REVOCATION, OR
DENIAL OF LICENSE
A
licensing authority that
suspends or revokes a license or
denies a person a license or the
opportunity to be examined for a
license because of the person's
prior conviction of a crime and
the relationship of the crime to
the license shall notify the
person in writing of:
(1) the reason for the
suspension, revocation, denial,
or disqualification;
(2) the review procedure
provided by Section 53.052; and
(3) the earliest date the person
may appeal the action of the
licensing authority.
Acts 1999, 76th Leg., ch. 388, A
1, eff. Sept. 1, 1999.
A 53.052. JUDICIAL REVIEW.
SUBCHAPTER C. NOTICE AND REVIEW
OF SUSPENSION, REVOCATION, OR
DENIAL OF LICENSE
(a) A person whose license has
been suspended or revoked or who
has been denied a license or the
opportunity to take an
examination under Section 53.021
and who has exhausted the
person's administrative appeals
may file an action in the
district court in the county in
which the licensing authority is
located for review of the
evidence presented to the
licensing authority and the
decision of the licensing
authority.
(b) The petition for an action
under Subsection (a) must be
filed not later than the 30th
day after the date the licensing
authority's decision is final
and appeal able.
Acts 1999, 76th Leg., ch. 388, A
1, eff. Sept. 1, 1999.
Effective 06/19/2009
H.B. No. 2808
AN ACT
relating to the power of a
licensing authority to revoke,
suspend, or deny a license on
the basis of certain criminal
proceedings.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF TEXAS:
SECTION 1. Section 53.021,
Occupations Code, is amended by
adding Subsections (c), (d), and
(e) to read as follows:
(c) Except as provided by
Subsections (d) and (e),
notwithstanding any other law, a
licensing authority may not
consider a person to have been
convicted of an offense for
purposes of this section if,
regardless of the statutory
authorization:
(1) the person entered a plea
of guilty or no lo contendere;
(2) the judge deferred further
proceedings without entering an
adjudication of guilt and placed
the person under the supervision
of the court or an officer under
the supervision of the court;
and
(3) at the end of the period of
supervision, the judge dismissed
the proceedings and discharged
the person.
(d) A licensing authority may
consider a person to have been
convicted of an offense for
purposes of this section
regardless of whether the
proceedings were dismissed and
the person was discharged as
described by Subsection (c) if,
after consideration of the
factors described by Sections
53.022 and 53.023(a), the
licensing authority determines
that:
(1) the person may pose a
continued threat to public
safety; or
(2) employment of the person in
the licensed occupation would
create a situation in which the
person has an opportunity to
repeat the prohibited conduct.
(e) Subsection (c) does not
apply if the person is an
applicant for or the holder of a
license that authorizes the
person to provide:
(1) law enforcement or public
health, education, or safety
services; or
(2) financial services in an
industry regulated by a person
listed in Section
411.081(i)(19), Government
Code.
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