89R3296 BEE-F     By: Leach H.B. No. 2498       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)  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, 2026. 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, 2026.   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, 2027, 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, 2025.