reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter G. Other Penalties and Enforcement Provisions › Section 51.359. Refund

Sec. 51.359.  REFUND.  (a) Subject to Subsection (b), the commission or executive director may order a license holder to pay a refund to a consumer as provided in an agreed settlement, default order, or commission order instead of or in addition to imposing an administrative penalty or sanction.
(b)  The amount of a refund ordered may not exceed the amount the consumer paid to the license holder for a service regulated by the department. The commission or executive director may not require payment of other damages or estimate harm in a refund order.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.10, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter H. License Requirements › Section 51.401. License Expiration and Renewal

Sec. 51.401.  LICENSE EXPIRATION AND RENEWAL.  (a)  A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the department before the expiration date of the license.  A person whose license has expired may not engage in activities that require a license until the license has been renewed.
(b)  A person whose license has been expired for 90 days or less may renew the license by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee.
(c)  A person whose license has been expired for more than 90 days but less than 18 months may renew the license by paying to the department a renewal fee that is equal to two times the normally required renewal fee.  On approval by the executive director, a person whose license has been expired for at least 18 months but less than three years may renew the license by paying to the department a renewal fee equal to two times the normally required renewal fee.
(d)  Except as provided by Subsection (c), a person whose license has been expired for 18 months or more may not renew the license.  The person may obtain a new license by complying with the requirements and procedures, including the examination requirements, for obtaining an original license.
(e)  A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without reexamination.  The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license.
(f)  Not later than the 30th day before the date a person's license is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.019, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 133 (H.B. 3287), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter H. License Requirements › Section 51.4011. Inactive Status

Sec. 51.4011.  INACTIVE STATUS.  (a)  The commission may adopt rules to allow a license holder to place a license issued by the department on inactive status by:
(1)  submitting, on a form prescribed by the department, an application for inactive status to the department not later than the expiration date of the license; and
(2)  paying the required fee.
(b)  Except as provided by Subsection (f), a person whose license is on inactive status is not required to complete continuing education required under this chapter, a law establishing a program regulated by the department, or a rule adopted by the commission.
(c)  A person whose license is on inactive status may reapply for inactive status before the expiration date of the license.  The person must pay the required fee.
(d)  A person whose license is on inactive status may not engage in any activity for which the license is required.
(e)  A license holder may not employ a person for an activity for which a license is required if the person's license is on inactive status.
(f)  A person whose license is on inactive status may return the license to active status by:
(1)  applying to the department for active status on a form prescribed by the department;
(2)  paying the required fee; and
(3)  providing evidence satisfactory to the department that the person has completed the number of hours of continuing education that would otherwise have been required for a renewal of an active license for the preceding license period.
(g)  The commission may set fees and adopt rules as necessary to implement this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 10, eff. May 1, 2010.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter H. License Requirements › Section 51.4012. License Eligibility Requirements Regarding Applicant's Background; Determination Letter

Sec. 51.4012.  LICENSE ELIGIBILITY REQUIREMENTS REGARDING APPLICANT'S BACKGROUND; DETERMINATION LETTER.  (a)  Notwithstanding any other law, the commission may determine that a person is not eligible for a license based on the person's criminal history.
(b)  Before applying for a license from the department, a person may request that the department issue a letter determining whether the person would be eligible for a license under Subsection (a) of this section, Section 51.356, or Chapter 53.  To obtain a determination letter, a person must file a request on a form prescribed by the department and pay the required fee.
(c)  Not later than the 30th day after the date the department makes its determination, the department shall issue the determination letter to the person.
(d)  The department has the same powers to investigate a request filed under this section as the department has to investigate a person applying for a license.
(e)  A determination letter issued under this section that is adverse to a person does not prevent the person from subsequently applying for a license.
(f)  The department is not bound by its determination that the person would be eligible if, after the issuance of the determination letter, the department determines there has been a change in a person's circumstances or discovers a previously undiscovered fact.
(g)  A determination under this section is not a contested case under Chapter 2001, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 10, eff. May 1, 2010.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.11, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter H. License Requirements › Section 51.4013. License Eligibility Requirements for Applicants With Military Experience

Sec. 51.4013.  LICENSE ELIGIBILITY REQUIREMENTS FOR APPLICANTS WITH MILITARY EXPERIENCE.  (a)  Notwithstanding any other law, the department shall credit verified military service, training, or education toward the licensing requirements, other than examination requirements, for a license issued by the department.
(b)  The commission shall adopt rules necessary to implement this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 738 (S.B. 242), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter H. License Requirements › Section 51.4014. License Application From Inmate

Sec. 51.4014.  LICENSE APPLICATION FROM INMATE.  (a)  Notwithstanding any other law, the department may accept an application from an applicant who is an inmate imprisoned in the Texas Department of Criminal Justice except that the department may not issue the license until the applicant has been released.
(b)  This section does not limit the ability of the department to determine or verify the applicant's eligibility for the license or to issue a provisional or restricted license in accordance with other law.
Added by Acts 2023, 88th Leg., R.S., Ch. 613 (H.B. 3743), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter H. License Requirements › Section 51.402. Examinations

Sec. 51.402.  EXAMINATIONS.  (a)  Not later than the 30th day after the date a person takes a license examination, the department shall notify the person of the results of the examination.
(b)  If the examination is graded or reviewed by a testing service:
(1)  the department shall notify the person of the results of the examination not later than the 14th day after the date the department receives the results from the testing service;  and
(2)  if notice of the examination results will be delayed for longer than 90 days after the examination date, the department shall notify the person of the reason for the delay before the 90th day.
(c)  The department may require a testing service to:
(1)  notify a person of the results of the person's examination; or
(2)  collect a fee for administering a license examination from a person taking the examination.
(d)  If requested in writing by a person who fails a license examination, the department shall furnish the person with an analysis of the person's performance on the examination.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.019, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 11, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter H. License Requirements › Section 51.403. Examination Fee Refund

Sec. 51.403.  EXAMINATION FEE REFUND.  (a)  The department may refund a license examination fee to a person who is unable to take the examination if the person:
(1)  provides reasonable advance notice to the department;  or
(2)  cannot take the examination because of an emergency.
(b)  The commission by rule shall define what constitutes reasonable notice and an emergency under this section.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.019, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter H. License Requirements › Section 51.4041. Alternative Qualifications for License

Sec. 51.4041.  ALTERNATIVE QUALIFICATIONS FOR LICENSE.  (a)  The commission, department, or executive director may adopt alternative means of determining or verifying a person's eligibility for a license issued by the department, including evaluating the person's education, training, experience, and military service.
(a-1)  Notwithstanding any other law, the alternative means adopted under Subsection (a) may include accepting as sufficient evidence of a person's eligibility for a license relevant education, training, or experience obtained while the person was imprisoned if the person:
(1)  previously held a license of the same type for which the person is applying and the license was revoked under Section 53.021(b);
(2)  has not been convicted of, placed on deferred adjudication for, or entered a plea of guilty or nolo contendere to:
(A)  an offense listed in Article 42A.054, Code of Criminal Procedure;
(B)  a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure; or
(C)  an offense under Chapter 21 or 43, Penal Code; and
(3)  while imprisoned, maintained a record of good behavior and:
(A)  successfully participated in a program acceptable to the department to prepare the person for reentry into the workforce in the occupation for which the person seeks a license; or
(B)  performed work on a regular basis in the occupation for which the person seeks a license.
(b)  Notwithstanding any other law, the commission or the executive director may waive any prerequisite for obtaining a license if the applicant currently holds a similar license issued by another jurisdiction that:
(1)  has requirements for the license that are substantially equivalent to those of this state; or
(2)  has a reciprocity agreement with this state for the license.
(c)  The department, with approval of the governor, may enter into an agreement with another state to allow for licensing by reciprocity.
Added by Acts 2015, 84th Leg., R.S., Ch. 586 (H.B. 3742), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter H. License Requirements › Section 51.405. Continuing Education

Sec. 51.405.  CONTINUING EDUCATION.  (a)  The department shall recognize, prepare, or administer continuing education programs for license holders.  A license holder must participate in the programs to the extent required by the commission to keep the person's license.
(b)  Notwithstanding other law, the commission by rule may:
(1)  establish a minimum number of hours of continuing education required for license renewal;
(2)  provide for the registration and renewal of continuing education providers and the approval of continuing education courses; and
(3)  assess reasonable and necessary fees on continuing education providers.
(c)  In adopting rules under this section for a program regulated by the department, the commission shall consult, if applicable, with the advisory board established for the program.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.019, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.12, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter H. License Requirements › Section 51.406. Staggered Renewal of Licenses

Sec. 51.406.  STAGGERED RENEWAL OF LICENSES.  The commission by rule may adopt a system under which licenses expire on various dates during the year.  For the year in which the license expiration date is changed, the department shall prorate license fees on a monthly basis so that each license holder pays only that portion of the license fee that is allocable to the number of months during which the license is valid.  On renewal of the license on the new expiration date, the total license renewal fee is payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Renumbered from Occupations Code, Sec. 51.205 and amended by Acts 2003, 78th Leg., ch. 816, Sec. 1.020, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter H. License Requirements › Section 51.407. Temporary License

Sec. 51.407.  TEMPORARY LICENSE.  (a)  The commission by rule may provide for the issuance of a temporary license to an applicant who:
(1)  submits to the executive director an application on a form prescribed by the executive director;
(2)  meets preliminary qualifications established by commission rule; and
(3)  pays any required fees.
(b)  A temporary license issued under this section expires on the 21st day after the date of issuance and may not be renewed.
(c)  A temporary license holder is subject to:
(1)  this chapter;
(2)  any law applicable to the activity for which the license is required; and
(3)  any rule of the commission or the executive director applicable to the license.
Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 12, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter H. License Requirements › Section 51.408. Emergency License

Sec. 51.408.  EMERGENCY LICENSE.  (a)  The executive director may issue an emergency license to a person who meets eligibility requirements provided by:
(1)  a law establishing a regulatory program administered by the department; or
(2)  a rule adopted to implement this section.
(b)  An emergency license issued under this section expires on the date indicated by the executive director, but not later than the 90th day after the date the license is issued.  If the governor declares an extended state of disaster under Section 418.014, Government Code, the executive director may extend the term of an emergency license to an expiration date after the 90th day after the date the license was issued.
(c)  The emergency license holder may engage in the activities authorized by the type of license only:
(1)  during a period in which a state of disaster has been declared and the following recovery period; and
(2)  in an area designated as a disaster area under Chapter 418, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 12, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter H. License Requirements › Section 51.409. Financial Disclosure Statement

Sec. 51.409.  FINANCIAL DISCLOSURE STATEMENT.  (a)  The commission by rule may require a person, other than an individual, applying for a license issued by the department to submit with the license application a financial disclosure statement.  The rules may require any of the following information to be disclosed based on the type of license for which the application is submitted:
(1)  the name of the applicable business entity;
(2)  the name of each person who has a direct financial investment in the business;
(3)  the name of each person, other than an individual, who:
(A)  has a financial investment in the business; and
(B)  is not otherwise disclosed under Subdivision (2);
(4)  the total amount or percentage of the financial investment made by each person described by Subdivision (2); and
(5)  the name of each of the following persons associated with the business, if the person is not otherwise disclosed under Subdivision (2) or (3):
(A)  a partner;
(B)  an officer;
(C)  a director;
(D)  a managing employee;
(E)  an owner or person who controls the owner; and
(F)  a person who acts as a controlling person of the business through the exercise of direct or indirect influence or control over the management of the business, the expenditure of money by the business, or a policy of the business, including:
(i)  any management company, landlord, marketing company, or similar person who operates or contracts for the operation of the business and, if the business is a publicly traded corporation or is controlled by a publicly traded corporation, any officer or director of the corporation;
(ii)  an individual who has a personal, familial, or other relationship with an owner, manager, landlord, tenant, or provider of a business that allows the individual to exercise actual control of the business; and
(iii)  any other person the commission by rule requires to be included based on the person's exercise of direct or indirect influence or control other than a shareholder or lender of the corporation.
(b)  The department may deny an application for the issuance or renewal of a license or may suspend or revoke a license on the grounds that an applicant or license holder:
(1)  fails to disclose a relationship for which disclosure is required by rules adopted under this section; or
(2)  discloses a relationship for which disclosure is required by rules adopted under this section with a person whose license was revoked or who has failed to comply with an order of the commission or executive director.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.13, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter I. Telephone Information System › Section 51.451. Definition

Sec. 51.451.  DEFINITION.  In this subchapter, "licensing entity" means a department, commission, board, office, authority, or other agency or governmental entity of this state that issues an occupational license.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.021, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter I. Telephone Information System › Section 51.452. Telephone Information System

Sec. 51.452.  TELEPHONE INFORMATION SYSTEM.  The department shall establish and operate a toll-free telephone information system to provide assistance and referral services for persons who inquire about a program regulated by a licensing entity.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.021, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter J. Practice by Certain License Holders › Section 51.501. Telehealth

Sec. 51.501.  TELEHEALTH.  (a)  In this section:
(1)  "Health professional" means a person who holds a license issued by the department under Title 3.
(2)  "Patient" means a client, consumer, or other person receiving care or services from a health professional.
(3)  "Telehealth service" has the meaning assigned by Section 111.001.
(b)  A health professional may provide telehealth services in accordance with Chapter 111 and any requirements imposed by the law and rules governing practice by the health professional.
(c)  Unless the context indicates otherwise, a reference in Title 3 or a rule adopted under that title to direct observation of a patient by a health professional or direct care or services provided to a patient by a health professional includes the provision of that observation, care, or service using telehealth services.
(d)  The commission may adopt rules as necessary to:
(1)  ensure that patients receiving telehealth services receive appropriate, quality care;
(2)  prevent abuse and fraud in the use of telehealth services, including rules relating to the filing of claims and records required to be maintained in connection with telehealth services;
(3)  implement the requirements of Chapter 111 or other laws of this state regarding the provision of telehealth services or the protection of patients receiving telehealth services;
(4)  provide for the remote supervision of assistants and other authorized persons performing duties within their existing scope of practice using telecommunications or information technology; and
(5)  provide for the remote supervision of experience for apprentices, interns, or other similar trainees using telecommunications or information technology.
(e)  Rules under this section may allow for the provision of:
(1)  remote education or distance learning for public or private schools; and
(2)  continuing education using telecommunications or information technology.
(f)  The adoption of rules under this section is subject to Sections 51.2031 and 51.2032.
(g)  This section may not be interpreted to:
(1)  expand the scope of practice of a health professional; or
(2)  authorize a practice or procedure otherwise prohibited by the law or rules governing a health professional.
Added by Acts 2021, 87th Leg., R.S., Ch. 210 (S.B. 40), Sec. 1, eff. June 3, 2021.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 52 - Transfer of License › Section 52.001. Transfer of License Permitted

Sec. 52.001.  TRANSFER OF LICENSE PERMITTED.  Except as otherwise provided by law, a person who owns or holds a license to engage in an occupation issued in accordance with the laws of this state may transfer the license in the records of the licensing entity.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 52 - Transfer of License › Section 52.002. Authority to Engage in Occupation After Acquiring License

Sec. 52.002.  AUTHORITY TO ENGAGE IN OCCUPATION AFTER ACQUIRING LICENSE.  A person who purchases or is assigned a license to engage in an occupation may engage in that occupation under the license during the unexpired term of the license after the person has complied with the legal requirements provided for in original applications for those licenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 52 - Transfer of License › Section 52.003. Multiple Holders of Single License Prohibited

Sec. 52.003.  MULTIPLE HOLDERS OF SINGLE LICENSE PROHIBITED.  This chapter does not permit two or more persons to engage in the same occupation under one license at the same time.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 52 - Transfer of License › Section 52.004. Sale of Certain Licenses

Sec. 52.004.  SALE OF CERTAIN LICENSES.  (a)  A license held by a person to engage in an occupation is considered an asset of the person and may be sold in the same manner as the person's other property if the entity operating under the license is closed out by legal process.
(b)  A person who purchases a license sold under Subsection (a) may engage in that occupation under the license or transfer the license to another person.
(c)  A license transferred under Subsection (b) may be transferred only one time.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 53 - Consequences of Criminal Conviction › Subchapter A. General Provisions › Section 53.001. Applicability of Certain Definitions

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.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 53 - Consequences of Criminal Conviction › Subchapter A. General Provisions › Section 53.002. Applicability of Chapter

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 person licensed or an applicant for a license under Chapter 1701;
(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 (H.B. 2845), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 754 (H.B. 1402), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 53 - Consequences of Criminal Conviction › Subchapter A. General Provisions › Section 53.003. Legislative Intent; Liberal Construction of Subchapter

Sec. 53.003.  LEGISLATIVE INTENT; LIBERAL CONSTRUCTION OF SUBCHAPTER.  (a)  It is the intent of the legislature to enhance opportunities for a person to obtain gainful employment after the person has:
(1)  been convicted of an offense; and
(2)  discharged the sentence for the offense.
(b)  This chapter shall be liberally construed to carry out the intent of the legislature.
Added by Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 53 - Consequences of Criminal Conviction › Subchapter B. Ineligibility for License › Section 53.0211. Licensing of Certain Applicants With Prior Criminal Convictions

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, the consumer credit 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 (H.B. 963), Sec. 4, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1182 (H.B. 3453), Sec. 13, eff. September 1, 2011.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.