reglab/housing_qa huggingface dataset:
TX Occ Code § 53.022 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 53 - Consequences of Criminal Conviction|Subchapter B. Ineligibility for License|Section 53.022. Factors in Determining Whether Conviction Directly Relates to Occupation

Sec. 53.022.  FACTORS IN DETERMINING WHETHER CONVICTION DIRECTLY RELATES TO OCCUPATION.  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.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 6, eff. September 1, 2019.|
TX Occ Code § 53.023 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 53 - Consequences of Criminal Conviction|Subchapter B. Ineligibility for License|Section 53.023. Additional Factors for Licensing Authority to Consider After Determining Conviction Directly Relates to Occupation

Sec. 53.023.  ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO CONSIDER AFTER DETERMINING CONVICTION DIRECTLY RELATES TO OCCUPATION.  (a)  If a licensing authority determines under Section 53.022 that a 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.(b)  The applicant has the responsibility, to the extent possible, to obtain and provide to the licensing authority the recommendations described by Subsection (a)(7).(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 12, eff. September 1, 2019.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 7, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 8, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 12, eff. September 1, 2019.|
TX Occ Code § 53.0231 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 53 - Consequences of Criminal Conviction|Subchapter B. Ineligibility for License|Section 53.0231. Notice of Pending Denial of License

Sec. 53.0231.  NOTICE OF PENDING DENIAL OF LICENSE.  (a)  Notwithstanding any other law, a licensing authority may not deny a person a license or the opportunity to be examined for a license because of the person's prior conviction of an offense unless the licensing authority:(1)  provides written notice to the person of the reason for the intended denial; and(2)  allows the person not less than 30 days to submit any relevant information to the licensing authority.(b)  A notice required under Subsection (a) must contain, as applicable:(1)  a statement that the person is disqualified from receiving the license or being examined for the license because of the person's prior conviction of an offense specified in the notice; or(2)  a statement that:(A)  the final decision of the licensing authority to deny the person a license or the opportunity to be examined for the license will be based on the factors listed in Section 53.023(a); and(B)  it is the person's responsibility to obtain and provide to the licensing authority evidence regarding the factors listed in Section 53.023(a).|Added by Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 9, eff. September 1, 2019.|
TX Occ Code § 53.0232 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 53 - Consequences of Criminal Conviction|Subchapter B. Ineligibility for License|Section 53.0232. Limitation Regarding Consideration of Certain Arrests

Sec. 53.0232.  LIMITATION REGARDING CONSIDERATION OF CERTAIN ARRESTS.  For purposes of determining a person's fitness to perform the duties and discharge the responsibilities of the licensed occupation, a licensing authority may not consider an arrest that did not result in the person's conviction or placement on deferred adjudication community supervision.|Added by Acts 2019, 86th Leg., R.S., Ch. 984 (S.B. 1217), Sec. 1, eff. June 14, 2019.Redesignated from Occupations Code, Section 53.0231 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(61), eff. September 1, 2021.|
TX Occ Code § 53.024 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 53 - Consequences of Criminal Conviction|Subchapter B. Ineligibility for License|Section 53.024. Proceedings Governed by Administrative Procedure Act

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.|
TX Occ Code § 53.025 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 53 - Consequences of Criminal Conviction|Subchapter B. Ineligibility for License|Section 53.025. Guidelines

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.|
TX Occ Code § 53.026 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 53 - Consequences of Criminal Conviction|Subchapter B. Ineligibility for License|Section 53.026. Applicant Best Practices Guide

Sec. 53.026.  APPLICANT BEST PRACTICES GUIDE.  (a)  The state auditor shall, in collaboration with licensing authorities, develop a guide of best practices for an applicant with a prior conviction to use when applying for a license. The state auditor shall publish the guide on the state auditor's Internet website.(b)  A licensing authority shall include a link to the guide on the authority's Internet website and in each notice described by Section 53.051 and letter described by Section 53.104.|Added by Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 9, eff. September 1, 2019.|
TX Occ Code § 53.051 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 53 - Consequences of Criminal Conviction|Subchapter C. Notice and Review of Suspension, Revocation, or Denial of License|Section 53.051. Notice

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 an offense shall notify the person in writing of:(1)  the reason for the suspension, revocation, denial, or disqualification, including any factor considered under Section 53.022 or 53.023 that served as the basis 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.Amended by: Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 10, eff. September 1, 2019.|
TX Occ Code § 53.052 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 53 - Consequences of Criminal Conviction|Subchapter C. Notice and Review of Suspension, Revocation, or Denial of License|Section 53.052. Judicial Review

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.|
TX Occ Code § 53.101 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 53 - Consequences of Criminal Conviction|Subchapter D. Preliminary Evaluation of License Eligibility|Section 53.101. Definitions

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 (H.B. 963), Sec. 1, eff. June 19, 2009.|
TX Occ Code § 53.102 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 53 - Consequences of Criminal Conviction|Subchapter D. Preliminary Evaluation of License Eligibility|Section 53.102. Request for Criminal History Evaluation Letter

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 (H.B. 963), Sec. 1, eff. June 19, 2009.|
TX Occ Code § 53.103 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 53 - Consequences of Criminal Conviction|Subchapter D. Preliminary Evaluation of License Eligibility|Section 53.103. Authority to Investigate

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 (H.B. 963), Sec. 1, eff. June 19, 2009.|
TX Occ Code § 53.104 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 53 - Consequences of Criminal Conviction|Subchapter D. Preliminary Evaluation of License Eligibility|Section 53.104. Determination of Eligibility; Letter

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, including any factor considered under Section 53.022 or 53.023 that served as the 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 (H.B. 963), Sec. 1, eff. June 19, 2009.Amended by: Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 11, eff. September 1, 2019.|
TX Occ Code § 53.105 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 53 - Consequences of Criminal Conviction|Subchapter D. Preliminary Evaluation of License Eligibility|Section 53.105. Fees

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 (H.B. 963), Sec. 1, eff. June 19, 2009.|
TX Occ Code § 53.151 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 53 - Consequences of Criminal Conviction|Subchapter E. Notice of Potential Ineligibility for License|Section 53.151. Definitions

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. |Added by Acts 2017, 85th Leg., R.S., Ch. 1018 (H.B. 1508), Sec. 1, eff. September 1, 2017.|
TX Occ Code § 53.152 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 53 - Consequences of Criminal Conviction|Subchapter E. Notice of Potential Ineligibility for License|Section 53.152. Notice by Entities Providing Educational Programs

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 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.|Added by Acts 2017, 85th Leg., R.S., Ch. 1018 (H.B. 1508), Sec. 1, eff. September 1, 2017.|
TX Occ Code § 53.153 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 53 - Consequences of Criminal Conviction|Subchapter E. Notice of Potential Ineligibility for License|Section 53.153. Refund and Ordered Payments

Sec. 53.153.  REFUND AND ORDERED PAYMENTS.  A licensing authority that determines that an entity regulated by the licensing authority has failed to provide the notice required by Section 53.152 to an individual entitled to receive the notice and that the individual's application for an occupational license for which the entity's educational program prepares the individual was denied because the individual has been convicted of an offense shall order the entity to:(1)  refund the amount of any tuition paid by the individual to the entity; and(2)  pay to the individual an amount equal to the total of the following, as applicable:(A)  the amount of any application fees paid by the individual to the licensing authority; and(B)  the amount of any examination fees paid by the individual to the licensing authority or an examination provider approved by the licensing authority.|Added by Acts 2017, 85th Leg., R.S., Ch. 1018 (H.B. 1508), Sec. 1, eff. September 1, 2017.|
TX Occ Code § 57.001 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 57 - Requirements for Licensing Agencies|Subchapter A. General Provisions|Section 57.001. Definitions

Sec. 57.001.  DEFINITIONS.  In this chapter:(1)  "License" means a license, certificate, registration, permit, or other form of authorization required by law or a state agency rule that must be obtained by an individual to engage in a particular business, occupation, or profession.(2)  "State agency" means a department, board, bureau, commission, committee, division, office, council, or agency of the state.|Added by Acts 2001, 77th Leg., ch. 1092, Sec. 1, eff. Sept. 1, 2001.|
TX Occ Code § 57.051 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 57 - Requirements for Licensing Agencies|Subchapter B. Governing Board Membership|Section 57.051. Requirements for Governing Board Membership

Sec. 57.051.  REQUIREMENTS FOR GOVERNING BOARD MEMBERSHIP.  A person may not be required to be a member of a private trade association as a precondition to serving as a member of the governing board of a state agency that issues a license or otherwise regulates a business, occupation, or profession.|Added by Acts 2001, 77th Leg., ch. 1092, Sec. 1, eff. Sept. 1, 2001.Transferred and redesignated from Occupations Code, Section 57.002 by Acts 2019, 86th Leg., R.S., Ch. 668 (S.B. 1995), Sec. 3, eff. September 1, 2019.|
TX Occ Code § 57.101 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 57 - Requirements for Licensing Agencies|Subchapter C. Review of State Agency Rules|Section 57.101. Definition

Sec. 57.101.  DEFINITION.  In this subchapter, "division" means the division of the governor's office established under this subchapter.|Added by Acts 2019, 86th Leg., R.S., Ch. 668 (S.B. 1995), Sec. 4, eff. September 1, 2019.|
TX Occ Code § 57.102 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 57 - Requirements for Licensing Agencies|Subchapter C. Review of State Agency Rules|Section 57.102. Applicability

Sec. 57.102.  APPLICABILITY.  This subchapter applies only to a state agency with a governing board that is controlled by persons who provide services that are regulated by the agency.|Added by Acts 2019, 86th Leg., R.S., Ch. 668 (S.B. 1995), Sec. 4, eff. September 1, 2019.|
TX Occ Code § 57.103 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 57 - Requirements for Licensing Agencies|Subchapter C. Review of State Agency Rules|Section 57.103. Establishment of Division

Sec. 57.103.  ESTABLISHMENT OF DIVISION.  (a)  The governor shall:(1)  establish a division to review state agency rules in accordance with this subchapter; and(2)  appoint a director for the division with the advice and consent of the senate.(b)  The director must be licensed to practice law in this state and have experience in antitrust law.(c)  The director serves a two-year term expiring February 1 of each odd-numbered year.|Added by Acts 2019, 86th Leg., R.S., Ch. 668 (S.B. 1995), Sec. 4, eff. September 1, 2019.|
TX Occ Code § 57.104 (2021)
2021 Texas Statutes|Occupations Code|Title 2 - General Provisions Relating to Licensing|Chapter 57 - Requirements for Licensing Agencies|Subchapter C. Review of State Agency Rules|Section 57.104. Conflict of Interest

Sec. 57.104.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.(b)  A person may not be appointed as director or employed by the division in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:(1)  the person is an officer, employee, or paid consultant of a Texas trade association; or(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association.(c)  A person may not be appointed as director or act as the general counsel to the division if the person is required to register as a lobbyist under Chapter 305, Government Code.|Added by Acts 2019, 86th Leg., R.S., Ch. 668 (S.B. 1995), Sec. 4, eff. September 1, 2019.|