The bill amends the Occupations Code to establish new requirements for licensing authorities regarding the impact of criminal convictions on occupational license eligibility. It introduces Sections 53.004 and 53.005, which mandate that licensing authorities provide notice in application forms and on their websites about how prior criminal convictions may disqualify applicants from receiving licenses. Additionally, it requires these authorities to maintain records of applications received, approved, and denied, particularly those denied due to criminal convictions, and to report this data annually to the legislature and on their websites.
Furthermore, the bill modifies existing provisions in Sections 53.021, 53.022, and 53.023, clarifying the criteria for determining whether a conviction directly relates to the duties of a licensed occupation. It emphasizes that licensing authorities must find by a preponderance of the evidence that the factors considered support their decisions regarding license actions. The bill also establishes a new burden of proof for licensing authorities in administrative appeals or judicial reviews related to these decisions. The changes will take effect on September 1, 2025, with specific provisions applying only to actions taken after January 1, 2026.
Statutes affected: Introduced: Occupations Code 53.021, Occupations Code 53.022, Occupations Code 53.023 (Occupations Code 53)
House Committee Report: Occupations Code 53.021, Occupations Code 53.022, Occupations Code 53.023 (Occupations Code 53)
Engrossed: Occupations Code 53.021, Occupations Code 53.022, Occupations Code 53.023 (Occupations Code 53)