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. 

For more information on Consequence of Criminal Convection Contact Gilbert Garcia today at 936-756-3333.

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