CHAPTER 53. CONSEQUENCES OF CRIMINAL CONVICTION - Texas Statutes

OCCUPATIONS CODE

TITLE 2. GENERAL PROVISIONS RELATING TO LICENSING

CHAPTER 53. CONSEQUENCES OF CRIMINAL CONVICTION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 53.001. APPLICABILITY OF CERTAIN DEFINITIONS. The

definitions provided by Chapter 2001, Government Code, apply to

this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 53.002. APPLICABILITY OF CHAPTER. 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;

(3) an applicant for certification as emergency medical services

personnel under Chapter 773, Health and Safety Code; or

(4) a person who:

(A) is licensed by the Texas Medical Board, 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., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1149, Sec. 1, eff. September 1, 2009.

SUBCHAPTER B. INELIGIBILITY FOR LICENSE

Sec. 53.021. AUTHORITY TO REVOKE, SUSPEND, OR DENY 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:

(1) an offense that directly relates to the duties and

responsibilities of the licensed occupation;

(2) an offense that does not directly relate to the duties and

responsibilities of the licensed occupation and that was

committed less than five years before the date the person applies

for the license;

(3) an offense listed in Section 3g, Article 42.12, Code of

Criminal Procedure; or

(4) a sexually violent offense, as defined by Article 62.001,

Code of Criminal Procedure.

(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.

(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 nolo 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.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

616, Sec. 3, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1148, Sec. 1, eff. June 19, 2009.

Sec. 53.0211. LICENSING OF CERTAIN APPLICANTS WITH PRIOR

CRIMINAL CONVICTIONS. (a) This section does not apply to an

applicant for a license that would allow the applicant to

provide:

(1) law enforcement services;

(2) public health, education, or safety services; or

(3) financial services in an industry regulated by the

securities commissioner, the banking commissioner, the savings

and mortgage lending commissioner, or the credit union

commissioner.

(b) Notwithstanding any law other than Subsection (a) and unless

the applicant has been convicted of an offense described by

Section 53.021(a), a licensing authority shall issue to an

otherwise qualified applicant who has been convicted of an

offense:

(1) the license for which the applicant applied; or

(2) a provisional license described by Subsection (c).

(c) A licensing authority may issue a provisional license for a

term of six months to an applicant who has been convicted of an

offense.

(d) The licensing authority shall revoke a provisional license

if the provisional license holder:

(1) commits a new offense;

(2) commits an act or omission that causes the person's

community supervision, mandatory supervision, or parole to be

revoked, if applicable; or

(3) violates the law or rules governing the practice of the

occupation for which the provisional license is issued.

(e) The licensing authority shall issue the license for which

the applicant originally applied to a provisional license holder

on the expiration of the provisional license term if the

provisional license holder does not engage in conduct described

by Subsection (d).

(f) If the licensing authority revokes a provisional license

under Subsection (d), the provisional license holder is

disqualified from receiving the license for which the applicant

originally applied.

(g) An applicant who is on community supervision, mandatory

supervision, or parole and who is issued a provisional license

under this section shall provide to the licensing authority the

name and contact information of the probation or parole

department to which the person reports. The licensing authority

shall notify the probation or parole department that a

provisional license has been issued. The probation or parole

department shall notify the licensing authority if the person's

community supervision, mandatory supervision, or parole

supervision is revoked during the term of the provisional

license.

Added by Acts 2009, 81st Leg., R.S., Ch.

616, Sec. 4, eff. June 19, 2009.

Sec. 53.022. FACTORS IN DETERMINING WHETHER CONVICTION RELATES

TO OCCUPATION. 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., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 53.023. ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO

CONSIDER. (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, Sec. 1, eff. Sept. 1, 1999.

Sec. 53.024. PROCEEDINGS GOVERNED BY ADMINISTRATIVE PROCEDURE

ACT. 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, Sec. 1, eff. Sept. 1, 1999.

Sec. 53.025. GUIDELINES. (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, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER C. NOTICE AND REVIEW OF SUSPENSION, REVOCATION, OR

DENIAL OF LICENSE

Sec. 53.051. NOTICE. 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, Sec. 1, eff. Sept. 1, 1999.

Sec. 53.052. JUDICIAL REVIEW. (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 appealable.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. PRELIMINARY EVALUATION OF LICENSE ELIGIBILITY

Sec. 53.101. DEFINITIONS. In this subchapter:

(1) "License" means a license, certificate, registration,

permit, or other authorization that:

(A) is issued by a licensing authority; and

(B) a person must obtain to practice or engage in a particular

business, occupation, or profession.

(2) "Licensing authority" means a department, commission, board,

office, or other agency of the state that issues a license.

Added by Acts 2009, 81st Leg., R.S., Ch.

616, Sec. 1, eff. June 19, 2009.

Sec. 53.102. REQUEST FOR CRIMINAL HISTORY EVALUATION LETTER.

(a) A person may request a licensing authority to issue a

criminal history evaluation letter regarding the person's

eligibility for a license issued by that authority if the person:

(1) is enrolled or planning to enroll in an educational program

that prepares a person for an initial license or is planning to

take an examination for an initial license; and

(2) has reason to believe that the person is ineligible for the

license due to a conviction or deferred adjudication for a felony

or misdemeanor offense.

(b) The request must state the basis for the person's potential

ineligibility.

Added by Acts 2009, 81st Leg., R.S., Ch.

616, Sec. 1, eff. June 19, 2009.

Sec. 53.103. AUTHORITY TO INVESTIGATE. A licensing authority

has the same powers to investigate a request submitted under this

subchapter and the requestor's eligibility that the authority has

to investigate a person applying for a license.

Added by Acts 2009, 81st Leg., R.S., Ch.

616, Sec. 1, eff. June 19, 2009.

Sec. 53.104. DETERMINATION OF ELIGIBILITY; LETTER. (a) If a

licensing authority determines that a ground for ineligibility

does not exist, the authority shall notify the requestor in

writing of the authority's determination on each ground of

potential ineligibility.

(b) If a licensing authority determines that the requestor is

ineligible for a license, the licensing authority shall issue a

letter setting out each basis for potential ineligibility and the

authority's determination as to eligibility. In the absence of

new evidence known to but not disclosed by the requestor or not

reasonably available to the licensing authority at the time the

letter is issued, the authority's ruling on the request

determines the requestor's eligibility with respect to the

grounds for potential ineligibility set out in the letter.

(c) A licensing authority must provide notice under Subsection

(a) or issue a letter under Subsection (b) not later than the

90th day after the date the authority receives the request.

Added by Acts 2009, 81st Leg., R.S., Ch.

616, Sec. 1, eff. June 19, 2009.

Sec. 53.105. FEES. A licensing authority may charge a person

requesting an evaluation under this subchapter a fee adopted by

the authority. Fees adopted by a licensing authority under this

subchapter must be in an amount sufficient to cover the cost of

administering this subchapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

616, Sec. 1, eff. June 19, 2009.