85R7825 EES-D     By: Giddings H.B. No. 1508       A BILL TO BE ENTITLED   AN ACT   relating to notice to applicants to and enrollees in certain   educational programs regarding the consequences of a criminal   conviction on eligibility for an occupational license.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 53, Occupations Code, is amended by   adding Subchapter E to read as follows:   SUBCHAPTER E. NOTICE OF POTENTIAL INELIGIBILITY FOR LICENSE          Sec. 53.151.  DEFINITIONS. Notwithstanding Section 53.001,   in this subchapter, "licensing authority" and "occupational   license" have the meanings assigned to those terms by Section   58.001.           Sec. 53.152.  NOTICE BY ENTITIES PROVIDING EDUCATIONAL   PROGRAMS. (a) An entity that provides an educational program to   prepare an individual for issuance of an initial occupational   license shall notify each applicant to and enrollee in the   educational program of:                (1)  the potential ineligibility of an individual who   has been convicted of an offense for issuance of an occupational   license on completion of the educational program;                (2)  the current guidelines issued under Section 53.025   by any licensing authority that may issue an occupational license   to an individual who completes the educational program;                (3)  any other state or local restriction or guideline   used by a licensing authority described by Subdivision (2) to   determine the eligibility of an individual who has been convicted   of an offense for an occupational license issued by the licensing   authority; and                 (4)  the right of an individual enrolled or planning to   enroll in the educational program to request a criminal history   evaluation letter under Section 53.102.           (b)  The entity shall provide the notice required under   Subsection (a) to each applicant and enrollee regardless of whether   the applicant or enrollee has been convicted of an offense.          Sec. 53.153.  CIVIL LIABILITY. (a) An entity that fails to   provide the notice required by Section 53.152 to an individual   entitled to receive the notice and whose application for an   occupational license for which the educational program prepares the   individual is denied because the individual has been convicted of   an offense is liable to the individual for:                (1)  the amount of any tuition paid by the individual to   the entity;                (2)  the amount of any application fees paid by the   individual to the licensing authority; and                (3)  reasonable attorney's fees and court costs.          (b)  It is not a defense to liability under this section that   an individual had actual knowledge of the information for which the   entity is required to give notice under Section 53.152.          SECTION 2.  Section 53.152, Occupations Code, as added by   this Act, applies only with respect to:                (1)  an individual who is enrolled in an educational   program subject to that section on or after the effective date of   this Act; and                (2)  an applicant for enrollment in an educational   program subject to that section who applies for enrollment in the   program on or after that date.          SECTION 3.  Section 53.153, Occupations Code, as added by   this Act, applies only to a cause of action brought by an individual   entitled to notice under Section 53.152, Occupations Code, as added   by this Act, that accrues on or after the effective date of this   Act. A cause of action that accrued before the effective date of   this Act is governed by the law applicable to the cause of action   immediately before the effective date of this Act, and that law is   continued in effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2017.